2020 Indiana Code
Title 31. Family Law and Juvenile Law
Article 30. Juvenile Law: Juvenile Court Jurisdiction
Chapter 3. Waiver of Jurisdiction
31-30-3-5. Acts That Would Be Level 1 Through Level 4 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 Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4;

(B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4; or

(C) reckless homicide as a Level 5 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.

[Pre-1997 Recodification Citation: 31-6-2-4(e).]

As added by P.L.1-1997, SEC.13. Amended by P.L.158-2013, SEC.316.