The Senate Corrections and Criminal Law Committee heard SB 464 on adult jurisdiction over delinquent acts. This bill provides that a juvenile court does not have jurisdiction over an individual for an act that was committed when the accused was under the age of 18 but is over the age of 21 when charges are brought. These cases would be brought in criminal court. This would close a loophole that barred jurisdiction in this situation.
The following entities testified in favor of the bill: Indiana Prosecuting Attorneys Council, Franklin Police Department, members of the public, and Indiana Attorney General’s Office. The Marion County Public Defender Agency testified in opposition to this bill. The Indiana Public Defender Council testified against this bill as currently written but is open to support if concerning portions are addressed.
The bill was amended by consent to provide that a delinquent act is an act that would be a misdemeanor or felony offense, except for those offenses over which the juvenile court has no jurisdiction, provide that the juvenile court does not have jurisdiction over specified acts, and permit the modification and suspension of certain sentences imposed on a person who committed an offense as a child. The bill was also amended by a 5-3 vote to establish a sentence modification procedure for a person who commits an offense when the person is less than 18 years of age.
The amended bill passed 6-2.
Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/464