Adult and juvenile court jurisdiction

The Senate Corrections and Criminal Law Committee heard HB 1198 regarding adult and juvenile court jurisdiction, sponsored by Sen. M. Young.  Rep. McNamara presented the bill, which 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 at least 14 years of age but 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 at least 14 years of age but 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 only cover the crime of child molesting. The committee also considered an amendment related to the sex offender registry for juveniles, which was not adopted. The committee discussed continuing to address concerns raised during discussion as the bill proceeds.

The Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council testified in opposition.  The amended bill passed 8-1.

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