Introduced Version
HOUSE BILL No. 1136
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-37-10.
Synopsis: Delinquency proceedings. Repeals a provision requiring a
juvenile court to approve the filing of a petition for delinquency.
Effective: July 1, 2024.
Rowray
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1136—LS 6530/DI 106 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1136
A BILL FOR AN ACT to amend the Indiana Code concerning
family law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-37-10-2 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. Sec. 2. The juvenile court shall do the following:
3 (1) Consider the preliminary inquiry and the evidence of probable
4 cause.
5 (2) Approve the filing of a petition if there is probable cause to
6 believe that:
7 (A) the child is a delinquent child; and
8 (B) it is in the best interests of the child or the public that the
9 petition be filed.
10 SECTION 2. IC 31-37-10-5, AS AMENDED BY P.L.146-2008,
11 SECTION 634, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If the filing of a petition is
13 approved by the court under section 2 If the prosecuting attorney has
14 filed a petition under section 1 of this chapter, the prosecuting
15 attorney may request in writing that the child be taken into custody.
16 The person prosecuting attorney must support this request with sworn
17 testimony or affidavit.
2024 IN 1136—LS 6530/DI 106 2
1 (b) The court may grant the request if the court makes written
2 findings of fact upon the record that a ground for detention exists under
3 IC 31-37-6-6.
2024 IN 1136—LS 6530/DI 106