Indiana 2023 Regular Session

Indiana Senate Bill SB0048 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0048.1
	2	+	March 9, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 48
	5	+	_____
	6	+	DIGEST OF SB 48 (Updated March 8, 2023 11:48 am - DI 140)
	7	+	Citations Affected: IC 35-41; IC 35-42.
	8	+	Synopsis: Child sex offenses. Provides that a criminal prosecution of
	9	+	a sex offense committed against a child that is otherwise barred by the
	10	+	statute of limitations may nevertheless be commenced within five years
	11	+	from the date on which: (1) the state discovers DNA evidence; (2) the
	12	+	state learns of a recording that provides evidence sufficient to charge
	13	+	the offender; or (3) a person confesses to the offense. Specifies that a
	14	+	person commits human trafficking if the person pays money to a human
	15	+	trafficking victim. (Current law provides that the person commits the
	16	+	offense by paying money for a human trafficking victim.)
	17	+	Effective: July 1, 2023.
	18	+	Crider, Walker K, Freeman, Sandlin,
	19	+	Koch, Glick, Baldwin
	20	+	(HOUSE SPONSORS — MCNAMARA, ROWRAY)
	21	+	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
	22	+	Law.
	23	+	January 19, 2023, reported favorably — Do Pass.
	24	+	January 23, 2023, read second time, ordered engrossed. Engrossed.
	25	+	January 24, 2023, read third time, passed. Yeas 50, nays 0.
	26	+	HOUSE ACTION
	27	+	February 7, 2023, read first time and referred to Committee on Courts and Criminal Code.
	28	+	March 9, 2023, reported — Do Pass.
	29	+	ES 48—LS 6348/DI 106 March 9, 2023
1	30		First Regular Session of the 123rd General Assembly (2023)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 48
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	40	+	ENGROSSED
	41	+	SENATE BILL No. 48
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	43	+	criminal law and procedure.
14	44		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
16		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
18		-	a prosecution for an offense is barred unless it is commenced:
19		-	(1) within five (5) years after the commission of the offense, in
20		-	the case of a Class B, Class C, or Class D felony (for a crime
21		-	committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
22		-	Level 6 felony (for a crime committed after June 30, 2014); or
23		-	(2) within two (2) years after the commission of the offense, in the
24		-	case of a misdemeanor.
25		-	(b) A prosecution for a Class B or Class C felony (for a crime
26		-	committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
27		-	(for a crime committed after June 30, 2014) that would otherwise be
28		-	barred under this section may be commenced within one (1) year after
29		-	the earlier of the date on which the state:
30		-	(1) first discovers evidence sufficient to charge the offender with
31		-	the offense through DNA (deoxyribonucleic acid) analysis; or
32		-	(2) could have discovered evidence sufficient to charge the
33		-	offender with the offense through DNA (deoxyribonucleic acid)
34		-	analysis by the exercise of due diligence.
35		-	However, if the offense is a sex offense against a child described in
36		-	SEA 48 2
37		-	subsection (m), a prosecution otherwise barred under this section
38		-	may be prosecuted in accordance with subsection (p).
39		-	(c) Except as provided in subsection (e), a prosecution for a Class
40		-	A felony (for a crime committed before July 1, 2014) or a Level 1
41		-	felony or Level 2 felony (for a crime committed after June 30, 2014)
42		-	may be commenced at any time.
43		-	(d) A prosecution for murder may be commenced:
44		-	(1) at any time; and
45		-	(2) regardless of the amount of time that passes between:
46		-	(A) the date a person allegedly commits the elements of
47		-	murder; and
48		-	(B) the date the alleged victim of the murder dies.
49		-	(e) Except as provided in subsection (p), a prosecution for the
50		-	following offenses is barred unless commenced before the date that the
51		-	alleged victim of the offense reaches thirty-one (31) years of age:
52		-	(1) IC 35-42-4-3 (Child molesting).
53		-	(2) IC 35-42-4-5 (Vicarious sexual gratification).
54		-	(3) IC 35-42-4-6 (Child solicitation).
55		-	(4) IC 35-42-4-7 (Child seduction).
56		-	(5) IC 35-42-4-9 (Sexual misconduct with a minor).
57		-	(6) IC 35-46-1-3 (Incest).
58		-	(f) A prosecution for forgery of an instrument for payment of
59		-	money, or for the uttering of a forged instrument, under IC 35-43-5-2,
60		-	is barred unless it is commenced within five (5) years after the maturity
61		-	of the instrument.
62		-	(g) If a complaint, indictment, or information is dismissed because
63		-	of an error, defect, insufficiency, or irregularity, a new prosecution may
64		-	be commenced within ninety (90) days after the dismissal even if the
65		-	period of limitation has expired at the time of dismissal, or will expire
66		-	within ninety (90) days after the dismissal.
67		-	(h) The period within which a prosecution must be commenced does
68		-	not include any period in which:
69		-	(1) the accused person is not usually and publicly resident in
70		-	Indiana or so conceals himself or herself that process cannot be
71		-	served;
72		-	(2) the accused person conceals evidence of the offense, and
73		-	evidence sufficient to charge the person with that offense is
74		-	unknown to the prosecuting authority and could not have been
75		-	discovered by that authority by exercise of due diligence; or
76		-	(3) the accused person is a person elected or appointed to office
77		-	under statute or constitution, if the offense charged is theft or
78		-	conversion of public funds or bribery while in public office.
79		-	SEA 48 3
80		-	(i) For purposes of tolling the period of limitation only, a
81		-	prosecution is considered commenced on the earliest of these dates:
82		-	(1) The date of filing of an indictment, information, or complaint
83		-	before a court having jurisdiction.
84		-	(2) The date of issuance of a valid arrest warrant.
85		-	(3) The date of arrest of the accused person by a law enforcement
86		-	officer without a warrant, if the officer has authority to make the
87		-	arrest.
88		-	(j) A prosecution is considered timely commenced for any offense
89		-	to which the defendant enters a plea of guilty, notwithstanding that the
90		-	period of limitation has expired.
91		-	(k) The following apply to the specified offenses:
92		-	(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
93		-	funeral trust funds) is barred unless commenced within five (5)
94		-	years after the date of death of the settlor (as described in
95		-	IC 30-2-9).
96		-	(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
97		-	of funeral trust funds) is barred unless commenced within five (5)
98		-	years after the date of death of the settlor (as described in
99		-	IC 30-2-10).
100		-	(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
101		-	of funeral trust or escrow account funds) is barred unless
102		-	commenced within five (5) years after the date of death of the
103		-	purchaser (as defined in IC 30-2-13-9).
104		-	(l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
105		-	IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
106		-	years after the earlier of the date on which the state:
107		-	(1) first discovers evidence sufficient to charge the offender with
108		-	the offense; or
109		-	(2) could have discovered evidence sufficient to charge the
110		-	offender with the offense by the exercise of due diligence.
111		-	(m) Except as provided in subsection (p), a prosecution for a sex
112		-	offense listed in IC 11-8-8-4.5 that is committed against a child and
113		-	that is not:
114		-	(1) a Class A felony (for a crime committed before July 1, 2014)
115		-	or a Level 1 felony or Level 2 felony (for a crime committed after
116		-	June 30, 2014); or
117		-	(2) listed in subsection (e);
118		-	is barred unless commenced within ten (10) years after the commission
119		-	of the offense, or within four (4) years after the person ceases to be a
120		-	dependent of the person alleged to have committed the offense,
121		-	whichever occurs later.
122		-	SEA 48 4
123		-	(n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
124		-	crime committed before July 1, 2014) or as a Level 3 felony (for a
125		-	crime committed after June 30, 2014) that would otherwise be barred
126		-	under this section may be commenced not later than five (5) years after
127		-	the earlier of the date on which:
128		-	(1) the state first discovers evidence sufficient to charge the
129		-	offender with the offense through DNA (deoxyribonucleic acid)
130		-	analysis;
131		-	(2) the state first becomes aware of the existence of a recording
132		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
133		-	to charge the offender with the offense; or
134		-	(3) a person confesses to the offense.
135		-	(o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
136		-	(repealed) as a Class B felony for a crime committed before July 1,
137		-	2014, that would otherwise be barred under this section may be
138		-	commenced not later than five (5) years after the earliest of the date on
139		-	which:
140		-	(1) the state first discovers evidence sufficient to charge the
141		-	offender with the offense through DNA (deoxyribonucleic acid)
142		-	analysis;
143		-	(2) the state first becomes aware of the existence of a recording
144		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
145		-	to charge the offender with the offense; or
146		-	(3) a person confesses to the offense.
147		-	(p) A prosecution for an offense described in subsection (e) or
148		-	subsection (m) that would otherwise be barred under this section may
149		-	be commenced not later than five (5) years after the earliest of the date
150		-	on which:
151		-	(1) the state first discovers evidence sufficient to charge the
152		-	offender with the offense through DNA (deoxyribonucleic acid)
153		-	analysis;
154		-	(2) the state first becomes aware of the existence of a recording
155		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
156		-	to charge the offender with the offense; or
157		-	(3) a person confesses to the offense.
158		-	SECTION 2. IC 35-42-3.5-1.4, AS AMENDED BY P.L.153-2022,
159		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160		-	JULY 1, 2023]: Sec. 1.4. (a) A person who knowingly or intentionally:
161		-	(1) pays, or offers or agrees to pay, money or other property; or
162		-	(2) offers a benefit;
163		-	to or for a human trafficking victim with the specific intent to induce
164		-	or obtain the product or act for which the human trafficking victim was
165		-	SEA 48 5
166		-	trafficked commits human trafficking, a Level 4 felony.
167		-	(b) It is not a defense to a prosecution under this section that the
168		-	human trafficking victim consented.
169		-	SEA 48 President of the Senate
170		-	President Pro Tempore
171		-	Speaker of the House of Representatives
172		-	Governor of the State of Indiana
173		-	Date: Time:
174		-	SEA 48
	45	+	1 SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
	46	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	47	+	3 JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
	48	+	4 a prosecution for an offense is barred unless it is commenced:
	49	+	5 (1) within five (5) years after the commission of the offense, in
	50	+	6 the case of a Class B, Class C, or Class D felony (for a crime
	51	+	7 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
	52	+	8 Level 6 felony (for a crime committed after June 30, 2014); or
	53	+	9 (2) within two (2) years after the commission of the offense, in the
	54	+	10 case of a misdemeanor.
	55	+	11 (b) A prosecution for a Class B or Class C felony (for a crime
	56	+	12 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
	57	+	13 (for a crime committed after June 30, 2014) that would otherwise be
	58	+	14 barred under this section may be commenced within one (1) year after
	59	+	15 the earlier of the date on which the state:
	60	+	16 (1) first discovers evidence sufficient to charge the offender with
	61	+	17 the offense through DNA (deoxyribonucleic acid) analysis; or
	62	+	ES 48—LS 6348/DI 106 2
	63	+	1 (2) could have discovered evidence sufficient to charge the
	64	+	2 offender with the offense through DNA (deoxyribonucleic acid)
	65	+	3 analysis by the exercise of due diligence.
	66	+	4 However, if the offense is a sex offense against a child described in
	67	+	5 subsection (m), a prosecution otherwise barred under this section
	68	+	6 may be prosecuted in accordance with subsection (p).
	69	+	7 (c) Except as provided in subsection (e), a prosecution for a Class
	70	+	8 A felony (for a crime committed before July 1, 2014) or a Level 1
	71	+	9 felony or Level 2 felony (for a crime committed after June 30, 2014)
	72	+	10 may be commenced at any time.
	73	+	11 (d) A prosecution for murder may be commenced:
	74	+	12 (1) at any time; and
	75	+	13 (2) regardless of the amount of time that passes between:
	76	+	14 (A) the date a person allegedly commits the elements of
	77	+	15 murder; and
	78	+	16 (B) the date the alleged victim of the murder dies.
	79	+	17 (e) Except as provided in subsection (p), a prosecution for the
	80	+	18 following offenses is barred unless commenced before the date that the
	81	+	19 alleged victim of the offense reaches thirty-one (31) years of age:
	82	+	20 (1) IC 35-42-4-3 (Child molesting).
	83	+	21 (2) IC 35-42-4-5 (Vicarious sexual gratification).
	84	+	22 (3) IC 35-42-4-6 (Child solicitation).
	85	+	23 (4) IC 35-42-4-7 (Child seduction).
	86	+	24 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
	87	+	25 (6) IC 35-46-1-3 (Incest).
	88	+	26 (f) A prosecution for forgery of an instrument for payment of
	89	+	27 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
	90	+	28 is barred unless it is commenced within five (5) years after the maturity
	91	+	29 of the instrument.
	92	+	30 (g) If a complaint, indictment, or information is dismissed because
	93	+	31 of an error, defect, insufficiency, or irregularity, a new prosecution may
	94	+	32 be commenced within ninety (90) days after the dismissal even if the
	95	+	33 period of limitation has expired at the time of dismissal, or will expire
	96	+	34 within ninety (90) days after the dismissal.
	97	+	35 (h) The period within which a prosecution must be commenced does
	98	+	36 not include any period in which:
	99	+	37 (1) the accused person is not usually and publicly resident in
	100	+	38 Indiana or so conceals himself or herself that process cannot be
	101	+	39 served;
	102	+	40 (2) the accused person conceals evidence of the offense, and
	103	+	41 evidence sufficient to charge the person with that offense is
	104	+	42 unknown to the prosecuting authority and could not have been
	105	+	ES 48—LS 6348/DI 106 3
	106	+	1 discovered by that authority by exercise of due diligence; or
	107	+	2 (3) the accused person is a person elected or appointed to office
	108	+	3 under statute or constitution, if the offense charged is theft or
	109	+	4 conversion of public funds or bribery while in public office.
	110	+	5 (i) For purposes of tolling the period of limitation only, a
	111	+	6 prosecution is considered commenced on the earliest of these dates:
	112	+	7 (1) The date of filing of an indictment, information, or complaint
	113	+	8 before a court having jurisdiction.
	114	+	9 (2) The date of issuance of a valid arrest warrant.
	115	+	10 (3) The date of arrest of the accused person by a law enforcement
	116	+	11 officer without a warrant, if the officer has authority to make the
	117	+	12 arrest.
	118	+	13 (j) A prosecution is considered timely commenced for any offense
	119	+	14 to which the defendant enters a plea of guilty, notwithstanding that the
	120	+	15 period of limitation has expired.
	121	+	16 (k) The following apply to the specified offenses:
	122	+	17 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
	123	+	18 funeral trust funds) is barred unless commenced within five (5)
	124	+	19 years after the date of death of the settlor (as described in
	125	+	20 IC 30-2-9).
	126	+	21 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
	127	+	22 of funeral trust funds) is barred unless commenced within five (5)
	128	+	23 years after the date of death of the settlor (as described in
	129	+	24 IC 30-2-10).
	130	+	25 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
	131	+	26 of funeral trust or escrow account funds) is barred unless
	132	+	27 commenced within five (5) years after the date of death of the
	133	+	28 purchaser (as defined in IC 30-2-13-9).
	134	+	29 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
	135	+	30 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
	136	+	31 years after the earlier of the date on which the state:
	137	+	32 (1) first discovers evidence sufficient to charge the offender with
	138	+	33 the offense; or
	139	+	34 (2) could have discovered evidence sufficient to charge the
	140	+	35 offender with the offense by the exercise of due diligence.
	141	+	36 (m) Except as provided in subsection (p), a prosecution for a sex
	142	+	37 offense listed in IC 11-8-8-4.5 that is committed against a child and
	143	+	38 that is not:
	144	+	39 (1) a Class A felony (for a crime committed before July 1, 2014)
	145	+	40 or a Level 1 felony or Level 2 felony (for a crime committed after
	146	+	41 June 30, 2014); or
	147	+	42 (2) listed in subsection (e);
	148	+	ES 48—LS 6348/DI 106 4
	149	+	1 is barred unless commenced within ten (10) years after the commission
	150	+	2 of the offense, or within four (4) years after the person ceases to be a
	151	+	3 dependent of the person alleged to have committed the offense,
	152	+	4 whichever occurs later.
	153	+	5 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
	154	+	6 crime committed before July 1, 2014) or as a Level 3 felony (for a
	155	+	7 crime committed after June 30, 2014) that would otherwise be barred
	156	+	8 under this section may be commenced not later than five (5) years after
	157	+	9 the earlier of the date on which:
	158	+	10 (1) the state first discovers evidence sufficient to charge the
	159	+	11 offender with the offense through DNA (deoxyribonucleic acid)
	160	+	12 analysis;
	161	+	13 (2) the state first becomes aware of the existence of a recording
	162	+	14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	163	+	15 to charge the offender with the offense; or
	164	+	16 (3) a person confesses to the offense.
	165	+	17 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
	166	+	18 (repealed) as a Class B felony for a crime committed before July 1,
	167	+	19 2014, that would otherwise be barred under this section may be
	168	+	20 commenced not later than five (5) years after the earliest of the date on
	169	+	21 which:
	170	+	22 (1) the state first discovers evidence sufficient to charge the
	171	+	23 offender with the offense through DNA (deoxyribonucleic acid)
	172	+	24 analysis;
	173	+	25 (2) the state first becomes aware of the existence of a recording
	174	+	26 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	175	+	27 to charge the offender with the offense; or
	176	+	28 (3) a person confesses to the offense.
	177	+	29 (p) A prosecution for an offense described in subsection (e) or
	178	+	30 subsection (m) that would otherwise be barred under this section may
	179	+	31 be commenced not later than five (5) years after the earliest of the date
	180	+	32 on which:
	181	+	33 (1) the state first discovers evidence sufficient to charge the
	182	+	34 offender with the offense through DNA (deoxyribonucleic acid)
	183	+	35 analysis;
	184	+	36 (2) the state first becomes aware of the existence of a recording
	185	+	37 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	186	+	38 to charge the offender with the offense; or
	187	+	39 (3) a person confesses to the offense.
	188	+	40 SECTION 2. IC 35-42-3.5-1.4, AS AMENDED BY P.L.153-2022,
	189	+	41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	190	+	42 JULY 1, 2023]: Sec. 1.4. (a) A person who knowingly or intentionally:
	191	+	ES 48—LS 6348/DI 106 5
	192	+	1 (1) pays, or offers or agrees to pay, money or other property; or
	193	+	2 (2) offers a benefit;
	194	+	3 to or for a human trafficking victim with the specific intent to induce
	195	+	4 or obtain the product or act for which the human trafficking victim was
	196	+	5 trafficked commits human trafficking, a Level 4 felony.
	197	+	6 (b) It is not a defense to a prosecution under this section that the
	198	+	7 human trafficking victim consented.
	199	+	ES 48—LS 6348/DI 106 6
	200	+	COMMITTEE REPORT
	201	+	Madam President: The Senate Committee on Corrections and
	202	+	Criminal Law, to which was referred Senate Bill No. 48, has had the
	203	+	same under consideration and begs leave to report the same back to the
	204	+	Senate with the recommendation that said bill DO PASS.
	205	+	(Reference is to SB 48 as introduced.)
	206	+
	207	+	FREEMAN, Chairperson
	208	+	Committee Vote: Yeas 8, Nays 0
	209	+	_____
	210	+	COMMITTEE REPORT
	211	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	212	+	which was referred Senate Bill 48, has had the same under
	213	+	consideration and begs leave to report the same back to the House with
	214	+	the recommendation that said bill do pass.
	215	+	(Reference is to SB 48 as printed January 20, 2023.)
	216	+	MCNAMARA
	217	+	Committee Vote: Yeas 12, Nays 0
	218	+	ES 48—LS 6348/DI 106