The Senate Committee on Corrections and Criminal Law heard SB 16 authored by Sen. Bohacek regarding juvenile delinquents and firearms. This bill creates a new crime by prohibiting 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. Possession of a firearm by a serious delinquent is a Class A misdemeanor, and the penalty increases to a Level 6 felony for a second or subsequent offense.
The bill was amended by consent to remove all reference to proposed expungement alterations and added the requirement that if a finding of delinquency is based on a delinquent act that would be a serious violent felony (as defined in IC 35-47-4-5) if committed by an adult, the juvenile court shall transmit the finding to the office of judicial administration for transmission to NICS.
The Indiana Prosecuting Attorneys Council and Noblesville Stands Together testified in support of the bill. The Indiana Public Defender Council testified in opposition. The amended bill passed 8-0.
Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/16.