Less Direct File Cases After HEA 1006 Implementation

Effective July 1, 2014, perhaps the legislative change with the biggest impact on some children was deep within HEA 1006, the criminal code reform bill, which revises IC 31-30-1-4, the so-called “direct file” statute.  Under the amended law, the juvenile court will now assume jurisdiction over a child for an alleged violation of:

  1. Criminal gang activity at IC 35-45-9-3,
  2. Criminal gang intimidation at IC 35-45-9-4,
  3. Manufacturing or dealing in cocaine or a narcotic drug at IC 35-48-4-1 with a prior adjudication or conviction for the same act,
  4. Dealing in methamphetamine at IC 35-48-4-1.1 with a prior adjudication or conviction for the same act,
  5. Dealing in a schedule I, II, or III controlled substance at IC 35-48-4-2 with a prior adjudication or conviction for the same act, and
  6. Dealing in a schedule IV controlled substance at IC 35-48-4-3 with a prior adjudication or conviction for the same act.

Prior to July 1, 2014, these crimes would put a child’s case in criminal court.

The allegations that will still be direct file offenses to criminal court with no juvenile court jurisdiction, pursuant to IC 31-30-1-4, if the child is at least sixteen (16) years of age, will be:

  1. Murder at IC 35-42-1-1,
  2. Kidnapping at IC 35-42-3-2,
  3. Rape at IC 35-42-4-1,
  4. Robbery if committed with a deadly weapon or that results in bodily injury or serious bodily injury at IC 35-42-5-1,
  5. Carrying a handgun without a license as a felony at IC 35-47-2-1,
  6. Children and firearms as a felony at IC 35-47-10, and
  7. Dealing in a sawed-off shotgun at IC 35-47-5-4.1.
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