"Nonwaivable offense"

Revisor's Note: P.L.145-2026 repealed IC 31-9-2 and relocated the chapter to IC 31-9-2.1, effective July 1, 2026. IC 31-9-2-84.8 was relocated to IC 31-9-2.1-168. Note: This version of section amended by P.L.158-2026, SEC.23, effective 7-1-2026. See also preceding repeal of this chapter by P.L.145-2026, SEC.160. Sec. 84.8. "Nonwaivable offense", for purposes of this title, means a conviction of any of the following felonies: (1) Murder (IC 35-42-1-1). (2) Causing suicide (IC 35-42-1-2). (3) Assisting suicide (IC 35-42-1-2.5). (4) Voluntary manslaughter (IC 35-42-1-3). (5) Involuntary manslaughter (IC 35-42-1-4). (6) Reckless homicide (IC 35-42-1-5). (7) Feticide (IC 35-42-1-6). (8) Battery (IC 35-42-2-1) within the past five (5) years. (9) Domestic battery (IC 35-42-2-1.3). (10) Aggravated battery (IC 35-42-2-1.5). (11) Criminal recklessness (IC 35-42-2-2) within the past five (5) years. (12) Strangulation (IC 35-42-2-9). (13) Kidnapping (IC 35-42-3-2). (14) Criminal confinement (IC 35-42-3-3) within the past five (5) years. (15) Human and sexual trafficking (IC 35-42-3.5). (16) A felony sex offense under IC 35-42-4. (17) Arson (IC 35-43-1-1) within the past five (5) years. (18) Incest (IC 35-46-1-3). (19) Neglect of a dependent (IC 35-46-1-4(a) and IC 35-46-1-4(b)). (20) Child selling (IC 35-46-1-4(d)). (21) Reckless supervision (IC 35-46-1-4.1). (22) Nonsupport of a dependent child (IC 35-46-1-5) within the past five (5) years. (23) Operating a motorboat while intoxicated (IC 35-46-9-6) (before its repeal) within the past five (5) years. (24) A felony involving a weapon under IC 35-47 within the past five (5) years. (25) A felony relating to controlled substances under IC 35-48-4 within the past five (5) years. (26) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3. (27) A felony under IC 9-30-5 within the past five (5) years. (28) A felony related to the health or safety of a child (as defined in IC 31-9-2-13(h)) or an endangered adult (as defined in IC 12-10-3-2). As added by P.L.183-2017, SEC.6. Amended by P.L.243-2019, SEC.4; P.L.142-2020, SEC.34; P.L.158-2026, SEC.23.