HB 1855-1_ Filed 02/08/2001, 11:13
Adopted 2/8/2001


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1855     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (01)AM185501.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 31-30-3-5; (01)AM185501.1. -->     "SECTION 1. IC 31-30-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that:
        (1) the child is charged with an act that, if committed by an adult, would be:
            (A) a Class A or Class B felony, except a felony defined by IC 35-48-4;
            (B) involuntary manslaughter as a Class C felony under IC 35-42-1-4; or
            (C) reckless homicide as a Class B or Class C felony under IC 35-42-1-5;
        (2) there is probable cause to believe that the child has committed the act; and
        (3) the child was at least sixteen (16) years of age when the act charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.".
SOURCE: Page 1, line 10; (01)AM185501.1. -->     Page 1, line 10, delete "fourteen (14)" and insert " two (2)".
    Page 2, line 17, delete "fourteen (14)" and insert " two (2)".
    Page 2, line 19, delete ". The offense is:" and insert " , a Class B felony".
    Page 2, delete lines 20 through 23.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1855 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Dvorak


AM185501/DI 105    2001