The House Courts and Criminal Code Committee heard SB 464 on adult court jurisdiction over delinquent acts sponsored by Rep. McNamara. The author, Sen. Donato, introduced the bill which provides that the juvenile court does not have jurisdiction over an individual for certain offenses if the individual: (1) was at least 12 years of age and less than 18 years of age at the time of the alleged violation; and (2) is over 21 years of age when charged with the offense. The bill provides that a child commits a delinquent act if, before becoming 18 years of age, the child commits an act: (1) that would be a misdemeanor or felony; and (2) over which the juvenile court has jurisdiction. The bill specifies that if the juvenile court lacks jurisdiction, a child who commits a delinquent act is subject to a court having criminal jurisdiction. The bill also provides for the modification and suspension of certain sentences imposed on a person who committed an offense as a child.
The bill was amended by consent to:
- Provide that an adult criminal court has jurisdiction over a person at least 21 years of age who committed an offense as a child (an adult child offender), if the offense could have been waived to adult court, and provides that the juvenile court has jurisdiction over an adult child offender if the offense could not have been waived.
- Specify that an adult child offender may be required to register as a sex offender in the same manner as a delinquent child, and permits a court to remove the obligation for an adult child offender and a delinquent child to register after the completion of sex offender treatment.
- Allow a court, in sentencing an adult child offender, to consider as a mitigating factor that the person was a child at the time the person committed the offense.
- Permit a court to suspend a sentence imposed on an adult child offender, except for murder.
The Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council and the Marion County Public Defender Agency testified in opposition. The amended bill passed 11-2.
Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/464/