Citations Affected: IC 31-30.
Synopsis: Juvenile sentencing. Provides that juvenile law applies to
children at least 16 years of age who are alleged to have committed a
misdemeanor traffic offense. Eliminates provisions that provide that
juvenile law does not apply to children who have previously been
waived to adult court. Limits mandatory waiver to adult court to
juveniles at least 16 years of age who are alleged to have committed:
(1) murder; (2) kidnapping; (3) rape; (4) criminal deviate conduct; or
(5) robbery. Repeals a mandatory waiver provision for certain children
with a previous conviction.
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.
Except as provided
in IC 33-5-29.5-4, IC 33-5-35.1-4, and section 8 of this chapter, the
Juvenile law does not apply to the following:
(1) A child at least sixteen (16) years of age who allegedly
committed a violation of a traffic law, the violation of which is a
misdemeanor, unless the violation is an offense under IC 9-30-5.
(2) (1) Except as provided in
, a child who is alleged
to have committed a violation of a statute defining an infraction. except as provided under IC 7.1-5-7.
(3) (2) A child who is alleged to have committed a violation of
violated an ordinance.
(4) A child who:
(A) is alleged to have committed an act that would be a crime
if committed by an adult; and
(B) has previously been waived under IC 31-30-3 (or
IC 31-6-2-4 before its repeal) to a court having misdemeanor
or felony jurisdiction.
SECTION 2. IC 31-30-1-4 , AS AMENDED BY P.L.17-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(1) IC 35-42-1-1 (murder);
(2) IC 35-42-3-2 (kidnapping);
(3) IC 35-42-4-1 (rape);
(4) IC 35-42-4-2 (criminal deviate conduct); or
(5) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly weapon; or
(B) the robbery results in bodily injury or serious bodily injury;
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(9) IC 35-47-2-1 (carrying a handgun without a license);
(10) IC 35-47-10 (children and firearms);
(11) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(12) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in subdivisions (1) through (11);
if the individual was at least sixteen (16) years of age at the time of the alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1), dealing in a schedule I, II, or III
controlled substance (IC 35-48-4-2), or dealing in a schedule IV
controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication that,
if committed by an adult, would be a crime under IC 35-48-4-1,
IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time of
the alleged violation.
(c) (b) Once an individual described in subsection (a) has been
charged with any crime listed in subsection (a)(1) through (a)(15)
(a)(5), the court having adult criminal jurisdiction shall retain
jurisdiction over the case even if the individual pleads guilty to or is
convicted of a lesser included offense. A plea of guilty to or a
conviction of a lesser included offense does not vest jurisdiction in the
SECTION 3. IC 31-30-3-6 IS REPEALED [EFFECTIVE JULY 1, 2002].