Waiver to
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 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:
(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.
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 si
(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. E
(1) the child is charged with
an act that, if committed by an adult, would be:
(A) a
Class A or Class B felony, e
(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 si
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 fi
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.
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