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.
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