Adult and juvenile court jurisdiction

The House Courts and Criminal Code Committee heard HB 1198 authored by Rep. McNamara and Rep. Steuerwald regarding adult and juvenile court jurisdiction.  The bill provides that a complaint, indictment, or information for child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, or incest shall be filed in adult criminal court if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. The bill also provides that a prosecution for certain sex crimes must be commenced not later than one year after certain information is discovered if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Finally, the bill provides that a court may suspend any part of a sentence for these offenses filed in adult court under this newly enacted section.

The bill was amended by consent to set a minimum age of least 14 and to permit delayed disclosure by a victim.

The Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council testified in opposition.  The amended bill passed 9-3.

Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1198