Revisor's Note:

Section was also amended by L. 1990, ch. 146, § 3, effective May 3, 1990, but such amendment was repealed by L. 1990, ch. 150, § 14, effective Jan. 1, 1993.

Section was also amended by L. 1993, ch. 209, § 2, but that version was repealed by L. 1993, ch. 291, § 283.

Section was amended twice in the 1998 session; see also 38-1602a.

Section was amended twice in 1999 session, see also 38-1602b.

Cross References to Related Sections:

Traffic offenders 14 or over, see 8-2117.

Fish and game violators 16 or over, see 32-1040.

Law Review and Bar Journal References:

"The Kansas Hard-Forty Law," The Honorable Tom Malone, 32 W.L.J. 147, 154 (1993).

Survey of Recent Cases, 45 K.L.R. 1369, 1390 (1997).

Survey of Recent Cases, 46 K.L.R. 898 (1998).

Attorney General's Opinions:

Kansas safety belt use act. 86-95.

Prosecution of juvenile traffic offenders. 89-147.

County attorney and county counselor; duties; juvenile matters. 92-67.

Detention of juvenile for acts constituting felony or misdemeanor if committed by an adult. 92-147.

Detention of juveniles in jail. 93-86.

Prosecution of juvenile traffic offenders; detainment of juvenile in jail. 94-68.

Juvenile offenders code; new offense; dispositions; commitment to youth center; custody expense; escape from custody; definition of "custody." 94-71.

Sex offender registration act; application to juvenile offenders. 95-3.

Placement or detainment of juvenile in jail; detention of juvenile in the absence of a complaint. 95-50.

Child care facilities; definitions; Shawnee County youth center. 95-58.

Juveniles; collection of blood and saliva specimens; fingerprinting by KBI. 95-63.

Confidentiality of information concerning juvenile offenders age 14 and older. 95-94.

Municipal courts; prosecution of ordinance; violation of ordinance, conduct not prohibited by statute. 97-31.

County contracts with out-of-state public agency for housing misdemeanants and juvenile offenders; conditions. 97-50.

Municipal courts; disclosure of records of juvenile charged with tobacco ordinance infraction. 1998-36.

Disqualification for admission to Kansas Law Enforcement Center. 1999-34.

Licensed child care facility may be used to house children ages 16 and 17. 1999-47.

CASE ANNOTATIONS

1. Statutory changes represented herein not retroactively applied to juvenile charged before change effective. In re Hockenbury, 9 Kan. App. 2d 450, 453, 680 P.2d 561 (1984).

2. Cited; provisions of K.S.A. 60-460(dd) (statements by children) inapplicable to juvenile offender proceedings. In re Mary P., 237 Kan. 456, 701 P.2d 681 (1985).

3. Where defendant had no juvenile offender status because of prior adjudications, court lacked jurisdiction under code. State v. Lowe, 238 Kan. 755, 758, 715 P.2d 404 (1986); R'ved, Lowe v. State, 242 Kan. 64, 744 P.2d 856 (1987).

4. Cited; failure to advise about expungement rights (K.S.A. 21-4619) and appeal rights (K.S.A. 38-1681) when defendant no longer "juvenile offender" examined. Reubke v. State, 11 Kan. App. 2d 353, 720 P.2d 1141 (1986).

5. Two prior adjudications as juvenile offender made in one hearing is one proceeding. State v. Magness, 240 Kan. 719, 720, 721, 722, 732 P.2d 747 (1987).

6. History of K.S.A. 8-2117 (juvenile traffic offenders) examined; limitations on length and places of incarceration determined. State v. D.L.P., 13 Kan. App. 2d 647, 652, 778 P.2d 851 (1989).

7. The hearing referred to in K.S.A. 38-1652 as meaning only adjudicatory hearings for those over 15 determined. Stauffer Communications, Inc. v. Mitchell, 246 Kan. 492, 493, 789 P.2d 1153 (1990).

8. Driving with suspended license (K.S.A. 8-262) held not a "traffic offense" as defined in K.S.A. 8-2117(d); minor over 14 years subject hereunder. State v. Frazier, 248 Kan. 963, 972, 811 P.2d 1240 (1991).

9. Cited in holding crime of aiding a felon (K.S.A. 21-3812) applies to aiding a juvenile offender. State v. Busse, 252 Kan. 695, 697, 698, 847 P.2d 1304 (1993).

10. No specific procedure required to establish when juvenile not subject to code; state must provide sufficient evidence to exclude. State v. Shelton, 252 Kan. 319, 322, 845 P.2d 23 (1993).

11. Under facts, district court to which juvenile case was transferred was proper even if transferring court lacked subject matter jurisdiction. In re M.K.D., 21 Kan. App. 2d 541, 542, 901 P.2d 536 (1995).

12. Juvenile adjudication may be used in determining criminal history score for sentencing of adult under KSGA (K.S.A. 21-4701 et seq.). State v. Lanning, 260 Kan. 815, 816, 925 P.2d 1145 (1996).

13. Trial court has no duty to inform juvenile of future collateral consequences that plea to adult felony entails. In re J.C., 260 Kan. 851, 852, 925 P.2d 415 (1996).

14. Subsection (b)(3) applied to 17-year old notwithstanding no disposition made on second offense. State v. Fultz, 24 Kan. App. 2d 242, 943 P.2d 938 (1997).

15. Defendant was statutorily excluded from definition of juvenile offender at time of his crimes in 1995. State v. Williams, 283 Kan. 492, 496, 153 P.3d 520 (2007).

16. Definitions of "misdemeanor" and "felony" have been incorporated into the Kansas juvenile justice code. In re J.R.A., 38 Kan. App. 2d 86, 89, 161 P.3d 231 (2007).

17. Cited in holding adult convictions reversed for failure to follow juvenile code; no district court jurisdiction. State v. Breedlove, 285 Kan. 1006, 1010, 1014, 179 P.3d 1115 (2008).

18. Cited in opinion holding that juveniles have a constitutional right to jury trials. In re L.M., 286 Kan. 460, 467, 482, 186 P.3d 164 (2008).