January 17, 2008





HOUSE BILL No. 1122

_____


DIGEST OF HB 1122 (Updated January 15, 2008 1:07 pm - DI 107)



Citations Affected: IC 31-30; IC 31-37.

Synopsis: Juvenile offenders and detention facilities. Provides that the juvenile law does not apply to a child who: (1) is alleged to have committed a crime that would be a felony if committed by an adult; and (2) has previously been waived to a court having felony jurisdiction. (Under current law, the juvenile law does not apply to felonies and misdemeanors committed under these circumstances.) Provides that the juvenile law applies to a child who allegedly committed a violation of traffic law. Provides that a juvenile court does not have jurisdiction over an alleged violation of a child charged with carrying a handgun without a license and dangerous possession of a firearm as a felony (rather than a felony or misdemeanor). Provides that a juvenile court may waive jurisdiction if a child is charged with certain acts that are felonies (rather than felonies and misdemeanors). Provides that any facility that is used or has been used to house or hold juveniles shall give the Indiana criminal justice institute access to inspect and monitor the facility.

Effective: July 1, 2008.





Reske




    January 8, 2008, read first time and referred to Committee on Judiciary.
    January 16, 2008, amended, reported _ Do Pass.






January 17, 2008

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1122



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-30-1-2; (08)HB1122.1.1. -->     SECTION 1. IC 31-30-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. Except as provided in IC 33-33-45-6 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) 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 an ordinance.
        (4) (3) A child who:
            (A) is alleged to have committed an act that would be a crime felony 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.

SOURCE: IC 31-30-1-4; (08)HB1122.1.2. -->     SECTION 2. IC 31-30-1-4, AS AMENDED BY P.L.216-2007, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
        (1) IC 35-41-5-1(a) (attempted murder);
        (2) IC 35-42-1-1 (murder);
        (3) IC 35-42-3-2 (kidnapping);
        (4) IC 35-42-4-1 (rape);
        (5) IC 35-42-4-2 (criminal deviate conduct);
        (6) 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;
        (7) IC 35-42-5-2 (carjacking);
        (8) IC 35-45-9-3 (criminal gang activity);
        (9) IC 35-45-9-4 (criminal gang intimidation);
        (10) IC 35-47-2-1 (carrying a handgun without a license), if charged as a felony;
        (11) IC 35-47-10 (children and firearms), if charged as a felony;
        (12) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
        (13) any offense that may be joined under IC 35-34-1-9(a)(2) with any crime listed in subdivisions (1) through (12);
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 or a narcotic drug (IC 35-48-4-1), dealing in methamphetamine (IC 35-48-4-1.1), 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 35-48-4-1.1, 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 35-48-4-1.1, 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) Once an individual described in subsection (a) or (b) has been charged with any crime listed in subsection (a) or (b), 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 juvenile court.

SOURCE: IC 31-30-3-2; (08)HB1122.1.3. -->     SECTION 3. IC 31-30-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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.
SOURCE: IC 31-37-4-4; (08)HB1122.1.4. -->     SECTION 4. IC 31-37-4-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. Any facility that is used or has been used to house or hold juveniles shall give a representative or designee of the Indiana criminal justice institute's compliance monitoring program reasonable access to inspect and monitor the facility to ensure that the requirements of the Juvenile Justice and Delinquency Prevention Act are maintained.