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Panel advances bill to return some juvenile handgun cases to adult court after heated debate
Summary
The committee voted to advance HB 12‑49 (9–4), a bill that would make certain unlawful handgun carrying by 16‑ and 17‑year‑olds a direct‑file offense into adult court (school incidents or prior convictions). Prosecutors supported the change citing rising youth gun violence; public defenders and some lawmakers urged preserving judicial discretion.
A House Courts and Criminal Code Committee advanced legislation on April 8 that would return certain juvenile unlawful‑carrying‑of‑a‑handgun cases to automatic adult prosecution for 16‑ and 17‑year‑olds under specified circumstances.
Representative Zimmerman, the bill sponsor, told the committee the measure restores prior law that treats some school‑related or repeat unlawful handgun possession by minors as a Level 5 felony direct‑filed into adult court. He said the change is not intended to broadly remove rehabilitative options but to hold accountable youths who bring guns onto school property or who have prior relevant convictions.
Courtney Curtis, assistant executive director of the Indiana Prosecuting Attorneys Council, urged passage and cited local increases in youth gun homicides and school incidents in Lake and Marion counties. She cautioned that while the statistics are correlative, they show the problem is getting worse and argued that direct filing provides prosecutors a tool to intervene earlier.
Opponents — including Zach Stock of the Indiana Public Defender Council and members voicing concern — said presumptive waiver or judicial review preserves local discretion and avoids a one‑size‑fits‑all approach. Stock argued that presumptive waiver would allow local judges to tailor outcomes and that returning to direct‑file could push mere possession cases into adult court without sufficient context.
Senator Taylor urged the committee to review statutorily required reports showing a sharp increase in direct filings — from about 20 in 2020 to roughly 155 by fiscal 2025 for dangerous possession — and argued for a presumptive waiver alternative that would allow juveniles and families to be heard by a court.
After questions and discussion, the committee moved to pass HB 12‑49 as amended. A roll call recorded a 9–4 vote in favor; the chair said the vote would be held open to allow absent members to return and cast ballots.
What happens next: The bill will be reported out of committee and (subject to finalization of absent members' votes) proceed to the House calendar for consideration.
Attribution: Quotes and testimony in this article come from the committee record and the witnesses who spoke in the hearing, including Representative Zimmerman, Courtney Curtis (Indiana Prosecuting Attorneys Council), Zach Stock (Indiana Public Defender Council) and Senator Taylor.
