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 twelve (12) 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(d).]
As added by P.L.1-1997, SEC.13. Amended by P.L.187-2015, SEC.26.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 30. Juvenile Law: Juvenile Court Jurisdiction
Chapter 3. Waiver of Jurisdiction
31-30-3-1. Waiver of Jurisdiction Defined
31-30-3-2. Heinous or Aggravated Act, or Act as Part of Repetitive Pattern of Delinquent Acts
31-30-3-3. Act That Would Be Felony Relating to Controlled Substances
31-30-3-4. Act That Would Be Murder
31-30-3-6. Act That Would Be Felony and Prior Felony or Nontraffic Misdemeanor Conviction
31-30-3-7. Time Limit for Making or Granting Motion to Waive Jurisdiction
31-30-3-8. Order to Hold Child for Proceedings; Recognizance Bond
31-30-3-9. Probable Cause Finding
31-30-3-10. Waiver Order; Findings