IC 31-30-3-1 Waiver of jurisdiction defined
Sec. 1. Waiver of jurisdiction refers to an order of the juvenile
court that waives the case to a court that would have jurisdiction had
the act been committed by an adult. Waiver is for the offense charged
and 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 of
delinquent acts
Sec. 2. Upon motion of the prosecuting attorney and after full
investigation and hearing, the juvenile court may waive jurisdiction
if it finds that:
(1) the child is charged with an act that is a felony:
(A) that is heinous or aggravated, with greater weight given
to 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 act
charged was allegedly committed;
(3) there is probable cause to believe that the child committed
the act;
(4) the child is beyond rehabilitation under the juvenile justice
system; and
(5) it is in the best interests of the safety and welfare of the
community 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 full
investigation and a hearing, the court may waive jurisdiction if it
finds that:
(1) the child is charged with an act that, if committed by an
adult, would be a felony under IC 35-48-4;
(2) there is probable cause to believe that the child has
committed the act;
(3) the child was at least sixteen (16) years of age when the act
was allegedly committed; and
(4) it is in the best interests of the safety and the welfare of the
community 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 jurisdiction
if it finds that:
(1) the child is charged with an act that would be murder if
committed by an adult;
(2) there is probable cause to believe that the child has
committed the act; and
(3) the child was at least ten (10) 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-5 Acts that would be Class A or Class B felonies, involuntary
manslaughter, or reckless homicide
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 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-6 Act that would be felony and prior felony or nontraffic
misdemeanor conviction
Sec. 6. Upon motion by the prosecuting attorney, the juvenile
court shall waive jurisdiction if it finds that:
(1) the child is charged with an act which would be a felony if
committed by an adult; and
(2) the child has previously been convicted of a felony or a
nontraffic 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 granted
after:
(1) the child has admitted the allegations in the petition at the
initial 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 to
which the child is waived; and
(2) may fix a recognizance bond for the child to answer the
charge 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 waive
jurisdiction is sufficient to establish probable cause in the court to
which 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 to
support 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 waiver
order with the court to which the child has been waived when the
prosecuting attorney files the indictment or information. As added by P.L.1-1997, SEC.13.
IC 31-30-3-1 Waiver of jurisdiction defined
Sec. 1. Waiver of jurisdiction refers to an order of the juvenile
court that waives the case to a court that would have jurisdiction had
the act been committed by an adult. Waiver is for the offense charged
and 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 of
delinquent acts
Sec. 2. Upon motion of the prosecuting attorney and after full
investigation and hearing, the juvenile court may waive jurisdiction
if it finds that:
(1) the child is charged with an act that is a felony:
(A) that is heinous or aggravated, with greater weight given
to 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 act
charged was allegedly committed;
(3) there is probable cause to believe that the child committed
the act;
(4) the child is beyond rehabilitation under the juvenile justice
system; and
(5) it is in the best interests of the safety and welfare of the
community 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 full
investigation and a hearing, the court may waive jurisdiction if it
finds that:
(1) the child is charged with an act that, if committed by an
adult, would be a felony under IC 35-48-4;
(2) there is probable cause to believe that the child has
committed the act;
(3) the child was at least sixteen (16) years of age when the act
was allegedly committed; and
(4) it is in the best interests of the safety and the welfare of the
community 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 jurisdiction
if it finds that:
(1) the child is charged with an act that would be murder if
committed by an adult;
(2) there is probable cause to believe that the child has
committed the act; and
(3) the child was at least ten (10) 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-5 Acts that would be Class A or Class B felonies, involuntary
manslaughter, or reckless homicide
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 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-6 Act that would be felony and prior felony or nontraffic
misdemeanor conviction
Sec. 6. Upon motion by the prosecuting attorney, the juvenile
court shall waive jurisdiction if it finds that:
(1) the child is charged with an act which would be a felony if
committed by an adult; and
(2) the child has previously been convicted of a felony or a
nontraffic 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 granted
after:
(1) the child has admitted the allegations in the petition at the
initial 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 to
which the child is waived; and
(2) may fix a recognizance bond for the child to answer the
charge 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 waive
jurisdiction is sufficient to establish probable cause in the court to
which 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 to
support 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 waiver
order with the court to which the child has been waived when the
prosecuting attorney files the indictment or information. As added by P.L.1-1997, SEC.13.
IC 31-30-3-1 Waiver of jurisdiction defined
Sec. 1. Waiver of jurisdiction refers to an order of the juvenile
court that waives the case to a court that would have jurisdiction had
the act been committed by an adult. Waiver is for the offense charged
and 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 of
delinquent acts
Sec. 2. Upon motion of the prosecuting attorney and after full
investigation and hearing, the juvenile court may waive jurisdiction
if it finds that:
(1) the child is charged with an act that is a felony:
(A) that is heinous or aggravated, with greater weight given
to 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 act
charged was allegedly committed;
(3) there is probable cause to believe that the child committed
the act;
(4) the child is beyond rehabilitation under the juvenile justice
system; and
(5) it is in the best interests of the safety and welfare of the
community 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 full
investigation and a hearing, the court may waive jurisdiction if it
finds that:
(1) the child is charged with an act that, if committed by an
adult, would be a felony under IC 35-48-4;
(2) there is probable cause to believe that the child has
committed the act;
(3) the child was at least sixteen (16) years of age when the act
was allegedly committed; and
(4) it is in the best interests of the safety and the welfare of the
community 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 jurisdiction
if it finds that:
(1) the child is charged with an act that would be murder if
committed by an adult;
(2) there is probable cause to believe that the child has
committed the act; and
(3) the child was at least ten (10) 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-5 Acts that would be Class A or Class B felonies, involuntary
manslaughter, or reckless homicide
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 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. As added by P.L.1-1997, SEC.13.
IC 31-30-3-6 Act that would be felony and prior felony or nontraffic
misdemeanor conviction
Sec. 6. Upon motion by the prosecuting attorney, the juvenile
court shall waive jurisdiction if it finds that:
(1) the child is charged with an act which would be a felony if
committed by an adult; and
(2) the child has previously been convicted of a felony or a
nontraffic 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 granted
after:
(1) the child has admitted the allegations in the petition at the
initial 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 to
which the child is waived; and
(2) may fix a recognizance bond for the child to answer the
charge 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 waive
jurisdiction is sufficient to establish probable cause in the court to
which 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 to
support 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 waiver
order with the court to which the child has been waived when the
prosecuting attorney files the indictment or information. As added by P.L.1-1997, SEC.13.
