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) 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).
(29) Attempt (IC 35-41-5-1) to commit a felony described in subdivisions (1) through (28). If a conviction for a felony is nonwaivable for a stated duration under subdivisions (1) through (28), a conviction for an attempt to commit the felony is nonwaivable for the same duration under this subdivision.
(30) A felony that is substantially equivalent to a felony described in subdivisions (1) through (29) for which the conviction was entered in another jurisdiction. If a conviction for a felony is nonwaivable for a stated duration under subdivisions (1) through (29), a conviction for a substantially equivalent felony in another jurisdiction is nonwaivable for the same duration under this subdivision.
As added by P.L.183-2017, SEC.6. Amended by P.L.243-2019, SEC.4.
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