IN SB0279 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Republican 8-0)
Status: Engrossed on January 29 2019 - 50% progression, died in committee
Action: 2019-03-05 - Representative Schaibley added as cosponsor
Pending: House Courts and Criminal Code Committee
Text: Latest bill text (Amended) [PDF]

Summary

Waiver to adult court for attempted murder. Provides that the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder or attempted 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 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. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Class A misdemeanor, and increases the penalty to a Level 6 felony for a second or subsequent offense. Prohibits the expungement of the juvenile records of a serious delinquent unless the person is at least 26 or 28 years of age, depending on the seriousness of the underlying delinquent acts.

Tracking Information

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Title

Waiver to adult court for attempted murder. Provides that the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder or attempted 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 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. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Class A misdemeanor, and increases the penalty to a Level 6 felony for a second or subsequent offense. Prohibits the expungement of the juvenile records of a serious delinquent unless the person is at least 26 or 28 years of age, depending on the seriousness of the underlying delinquent acts.

Sponsors


Roll Calls

2019-01-28 - Senate - Third reading (Y: 45 N: 3 NV: 0 Abs: 2) [PASS]
2019-01-15 - Senate - Senate - Committee Vote (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-03-05HouseRepresentative Schaibley added as cosponsor
2019-02-26HouseFirst reading: referred to Committee on Courts and Criminal Code
2019-01-29SenateReferred to the House
2019-01-28SenateSenator Kruse added as coauthor
2019-01-28SenateCosponsor: Representative Goodrich
2019-01-28SenateHouse sponsor: Representative McNamara
2019-01-28SenateThird reading: passed; Roll Call 39: yeas 45, nays 3
2019-01-24SenateSenators Glick and Ford Jon added as coauthors
2019-01-22SenateSenator Young M added as second author
2019-01-22SenateSecond reading: ordered engrossed
2019-01-16SenateCommittee report: amend do pass, adopted
2019-01-07SenateFirst reading: referred to Committee on Corrections and Criminal Law
2019-01-07SenateAuthored by Senator Houchin

Indiana State Sources


Bill Comments

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