Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4 , the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that: (1) the child is charged with an act that, if committed by an adult, would be: (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4 ; (B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4 ; (C) reckless homicide as a Level 5 felony under IC 35-42-1-5 ; or (D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5 ; (2) there is probable cause to believe that the child has committed the act; and (3) the child was at least sixteen (16) years of age when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system. [Pre-1997 Recodification Citation: 31-6-2-4(e).]
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