SECTION 1. Subsection (g) of section 54A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking it in its entirety and inserting in place thereof the following: -

(g) A child otherwise eligible for diversion pursuant to this section shall not be eligible for diversion if the child is indicted as a youthful offender or if the child is charged with a violation of 1 or more of the offenses enumerated in the second sentence of section 70C of chapter 277, other than the offenses in subsection (2)(a) of section 24 of chapter 90, subsection (a) of section 13A, the first paragraph of sections 13B, 13D and 13H, subsection (a) of section 13M, subsection (b) of section 15A and subsection (b) of section 15B of chapter 265, sections 13A and 13C of chapter 268 and subsection (h)(1) of section 10 and section 12B of chapter 269, or if the defendant is charged with an offense for which a penalty of incarceration greater than 5 years may be imposed or for which there is minimum term penalty of incarceration, unless there is concurrent district court jurisdiction for such offense, or which may not be continued without a finding or placed on file, this chapter shall not apply to that defendant. Diversion of juvenile court charges under this chapter shall not preclude a subsequent indictment on the same charges in superior court.