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