IC 31-30-3
    Chapter 3. Waiver of Jurisdiction

IC 31-30-3-1
Waiver of jurisdiction defined
    Sec. 1. Waiver of jurisdiction refers to an order of the juvenilecourt that waives the case to a court that would have jurisdiction hadthe act been committed by an adult. Waiver is for the offense chargedand all included offenses.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-2
Heinous or aggravated act, or act as part of repetitive pattern ofdelinquent acts
    Sec. 2. Upon motion of the prosecuting attorney and after fullinvestigation and hearing, the juvenile court may waive jurisdictionif it finds that:
        (1) the child is charged with an act that is a felony:
            (A) that is heinous or aggravated, with greater weight givento acts against the person than to acts against property; or
            (B) that is a part of a repetitive pattern of delinquent acts,even though less serious;
        (2) the child was at least fourteen (14) years of age when the actcharged was allegedly committed;
        (3) there is probable cause to believe that the child committedthe act;
        (4) the child is beyond rehabilitation under the juvenile justicesystem; and
        (5) it is in the best interests of the safety and welfare of thecommunity that the child stand trial as an adult.
As added by P.L.1-1997, SEC.13. Amended by P.L.67-2008, SEC.3.

IC 31-30-3-3
Act that would be felony relating to controlled substances
    Sec. 3. Upon motion of the prosecuting attorney and after a fullinvestigation and a hearing, the court may waive jurisdiction if itfinds that:
        (1) the child is charged with an act that, if committed by anadult, would be a felony under IC 35-48-4;
        (2) there is probable cause to believe that the child hascommitted the act;
        (3) the child was at least sixteen (16) years of age when the actwas allegedly committed; and
        (4) it is in the best interests of the safety and the welfare of thecommunity for the child to stand trial as an adult.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-4
Act that would be murder
    Sec. 4. Upon motion of the prosecuting attorney and after full

investigation and hearing, the juvenile court shall waive jurisdictionif it finds that:
        (1) the child is charged with an act that would be murder ifcommitted by an adult;
        (2) there is probable cause to believe that the child hascommitted the act; and
        (3) the child was at least ten (10) years of age when the actcharged was allegedly committed;
unless it would be in the best interests of the child and of the safetyand welfare of the community for the child to remain within thejuvenile justice system.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-5
Acts that would be Class A or Class B felonies, involuntarymanslaughter, or reckless homicide
    Sec. 5. Except for those cases in which the juvenile court has nojurisdiction in accordance with IC 31-30-1-4, the court shall, uponmotion of the prosecuting attorney and after full investigation andhearing, waive jurisdiction if it finds that:
        (1) the child is charged with an act that, if committed by anadult, would be:
            (A) a Class A or Class B felony, except a felony defined byIC 35-48-4;
            (B) involuntary manslaughter as a Class C felony underIC 35-42-1-4; or
            (C) reckless homicide as a Class C felony underIC 35-42-1-5;
        (2) there is probable cause to believe that the child hascommitted the act; and
        (3) the child was at least sixteen (16) years of age when the actcharged was allegedly committed;
unless it would be in the best interests of the child and of the safetyand welfare of the community for the child to remain within thejuvenile justice system.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-6
Act that would be felony and prior felony or nontrafficmisdemeanor conviction
    Sec. 6. Upon motion by the prosecuting attorney, the juvenilecourt shall waive jurisdiction if it finds that:
        (1) the child is charged with an act which would be a felony ifcommitted by an adult; and
        (2) the child has previously been convicted of a felony or anontraffic misdemeanor.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-7
Time limit for making or granting motion to waive jurisdiction    Sec. 7. A motion to waive jurisdiction may not be made or grantedafter:
        (1) the child has admitted the allegations in the petition at theinitial hearing; or
        (2) the first witness has been sworn at the factfinding hearing.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-8
Order to hold child for proceedings; recognizance bond
    Sec. 8. If jurisdiction is waived, the juvenile court:
        (1) shall order the child held for proceedings in the court towhich the child is waived; and
        (2) may fix a recognizance bond for the child to answer thecharge in the court to which the child is waived.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-9
Probable cause finding
    Sec. 9. The finding of probable cause required to waivejurisdiction is sufficient to establish probable cause in the court towhich the child is waived.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-10
Waiver order; findings
    Sec. 10. A waiver order must include specific findings of fact tosupport the order.
As added by P.L.1-1997, SEC.13.

IC 31-30-3-11
Waiver order; filing
    Sec. 11. The prosecuting attorney shall file a copy of the waiverorder with the court to which the child has been waived when theprosecuting attorney files the indictment or information.
As added by P.L.1-1997, SEC.13.