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:
- Criminal gang activity at IC 35-45-9-3,
- Criminal gang intimidation at IC 35-45-9-4,
- 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,
- Dealing in methamphetamine at IC 35-48-4-1.1 with a prior adjudication or conviction for the same act,
- 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
- 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:
- Murder at IC 35-42-1-1,
- Kidnapping at IC 35-42-3-2,
- Rape at IC 35-42-4-1,
- Robbery if committed with a deadly weapon or that results in bodily injury or serious bodily injury at IC 35-42-5-1,
- Carrying a handgun without a license as a felony at IC 35-47-2-1,
- Children and firearms as a felony at IC 35-47-10, and
- Dealing in a sawed-off shotgun at IC 35-47-5-4.1.