Waiver to adult court for attempted murder

The Senate Committee on Corrections and Criminal Law heard Sen. Houchin’s SB 279 allowing the waiver to adult court for attempted murder.  This bill provides that the juvenile court shall waive jurisdiction if it finds that the child is charged with an act that would be murder or attempted murder if committed by an adult, there is probable cause to believe that the child has committed the act, and 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 system.

Senator Houchin authored this bill in response to the Noblesville West Middle School shooting perpetrated by a 13-year-old. An amendment was adopted to add a section restricting juveniles found to be delinquent from possessing firearms until 26 or 28 depending on the act committed.

Testifying in support of the bill was the Hamilton County Prosecutor; the father of student shooting survivor; the Noblesville teacher wounded in the shooting; a parent of a Noblesville student.  Testifying in opposition were representatives from the Indiana Public Defender Council and the Indiana Public Defender Council’s Juvenile Justice Project, and the Children’s Policy and Law Initiative.  The amended bill passed 9-0.

Read the bill here: http://iga.in.gov/legislative/2019/bills/senate/36