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HB 2350

Providing that no juvenile less than 18 years of age shall be prosecuted as an adult.

2025-2026 Regular Session

Kansas HB 2350 raises the age for adult prosecution from 14 to 18; under-18 offenders can’t be charged as adults, keeping juvenile court options and EJJ for serious crimes.

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Bill Summary · HB 2350

Summary — HB 2350: Prohibiting prosecution of juveniles under 18 as adults (Kansas)

Status: Enacted — Signed by Governor 2025-06-20; effective 2025-09-01
Statutory change: Amends K.S.A. 38-2347 (repeals existing section)

Purpose / Intent

HB 2350 raises the age threshold below which a juvenile cannot be prosecuted in adult criminal court. Under current Kansas law the minimum age for adult prosecution is 14; this bill changes that floor to 18, effectively prohibiting prosecutors from seeking to try anyone under 18 as an adult.

Key provisions

  • Amends K.S.A. 38-2347:
    • Replaces the phrase “No juvenile less than 14 years of age shall be prosecuted as an adult” with “No juvenile less than 18 years of age shall be prosecuted as an adult.”
    • Retains the existing procedural framework allowing the county/district attorney (or designee), after commencement of juvenile proceedings and before an evidentiary sentencing hearing, to file a motion asking the juvenile court to authorize prosecution as an adult (this motion is, by the bill’s new language, limited by the 18‑year prohibition).
    • Preserves the presumption that an individual is a juvenile; the party seeking adult prosecution must rebut that presumption by a preponderance of the evidence.
    • Preserves provisions allowing the prosecutor to seek designation as an extended jurisdiction juvenile (EJJ) for certain serious offenses (e.g., off-grid felonies or nondrug severity level 1–4 person felonies) and retains the list of factors the court must consider in waiver/EJJ hearings (seriousness of offense, violent/aggravated manner, prior history, maturity, availability of rehabilitative programs, etc.).
    • Keeps protections at the hearing: notice to juvenile and parents, and informing the juvenile of rights (presumption of innocence, confrontation, subpoena, right to testify or remain silent, sentencing alternatives under EJJ).

Who is affected

  • Primary: juveniles under age 18 alleged to have committed crimes — they cannot be sent to adult criminal court under this bill.
  • Criminal justice actors: county/district attorneys (limit on charging options), juvenile court judges, public defenders, probation and juvenile corrections systems (potential caseload and placement shifts).
  • Victims and communities: changes in forum, sentencing options, and post‑disposition oversight for serious cases (EJJ remains an option).

Procedural / timeline notes

  • The bill repeals the prior version of K.S.A. 38-2347 and takes effect upon its statutory publication; legislative records show the effective date set as September 1, 2025.
  • Fiscal note (Division of the Budget, 2/20/2025): The Office of Judicial Administration and the Attorney General indicate enactment would have no fiscal effect.

Potential impacts (neutral description)

  • Shifts prosecution of 14–17‑year‑olds from adult criminal courts into the juvenile system, increasing reliance on juvenile adjudication or extended jurisdiction juvenile proceedings for serious offenses.
  • May reduce direct adult sentencing at initial disposition for under‑18 defendants; EJJ remains a procedural pathway for serious offenses that can involve adult penalties later.
  • Operational impacts (case processing, detention, rehabilitation placement) depend on how juvenile system capacity and local practice adjust; the fiscal note reports no measurable fiscal effect according to state judicial and AG offices.

This summary focuses on the statutory change (raising the age floor from 14 to 18) and how the existing juvenile waiver/EJJ procedures remain structured under the amended statute.

Compiled from official sources — confirm details with the bill’s official record.

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