§ 31-30-1-4 — Juvenile court lacks jurisdiction over individuals at least 16 years of age committing certain felonies; retention and transfer of jurisdiction by court having adult criminal jurisdiction; criminal court jurisdiction over adult charged with offense committed as a child

Indiana § 31-30-1-4

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 1: Jurisdiction Generally

Text

(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) (before its repeal);
(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) (before its repeal);
(8) IC 35-47-10 (children and firearms), if charged as a felony; or
(9) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in this subsection;
if the individual was at least sixteen (16) years of age but less than
eighteen (18) years of age at the time of the alleged violation.
(b) Once an individual described in subsection (a) has been charged
with any offense listed in subsection (a), the court having adult
criminal jurisdiction shall retain jurisdiction over the case if the
individual pleads guilty to or is convicted of any offense listed in
subsection (a)(1) through (a)(8).
(c) If:
(1) an individual described in subsection (a) is charged with one
(1) or more offenses listed in subsection (a);
(2) all the charges under subsection (a)(1) through (a)(8) resulted
in an acquittal or were dismissed; and
(3) the individual pleads guilty to or is convicted of any offense
other than an offense listed in subsection (a)(1) through (a)(8);
the court having adult criminal jurisdiction may withhold judgment and
transfer jurisdiction to the juvenile court for adjudication and
disposition. In determining whether to transfer jurisdiction to the
juvenile court for adjudication and disposition, the court having adult
criminal jurisdiction shall consider whether there are appropriate
services available in the juvenile justice system, whether the child is
amenable to rehabilitation under the juvenile justice system, and
whether it is in the best interests of the safety and welfare of the
community that the child be transferred to juvenile court. All orders
concerning release conditions remain in effect until a juvenile court
detention hearing, which must be held not later than forty-eight (48)
hours, excluding Saturdays, Sundays, and legal holidays, after the order
of transfer of jurisdiction.
(d) A court having adult criminal jurisdiction, and not a juvenile
court, has jurisdiction over a person who is at least twenty-one (21)
years of age for an alleged offense:
(1) committed while the person was a child; and
(2) that could have been waived under IC 31-30-3.
This subsection applies to a criminal proceeding for an alleged offense
regardless of whether the offense was committed before, on, or after
July 1, 2023, or the juvenile becomes twenty-one (21) years of age
before, on, or after July 1, 2023.
[Pre-1997 Recodification Citation: 31-6-2-1.1(d).]

Legislative History

As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001, SEC.7; P.L.151-2006, SEC.12; P.L.216-2007, SEC.35; P.L.67-2008, SEC.2; P.L.158-2013, SEC.315; P.L.214-2013, SEC.25; P.L.168-2014, SEC.40; P.L.84-2015, SEC.1; P.L.28-2016, SEC.1; P.L.175-2022, SEC.4; P.L.115-2023, SEC.7; P.L.148-2024, SEC.15; P.L.218-2025, SEC.7.