LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6416 NOTE PREPARED: Dec 13, 2023
BILL NUMBER: HB 1052 BILL AMENDED:
SUBJECT: Statute of Limitations for Certain Sex Crimes.
FIRST AUTHOR: Rep. Zimmerman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill allows the prosecution of Level 1 and Level 2 felony sex offenses to be
commenced at any time. It also makes conforming changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Any increase in DOC’s offender population due to this bill is expected
to be minor.
Under current law, prosecution for the following offenses is required to be filed before the victim reaches
31 years of age unless the state discovers either DNA evidence or the existence of a recording or the person
confesses to the offense.
Sex Crimes That Must Be Prosecuted Before a Victim Reaches 31 Years of Age
Class A Level 1 Level 2
IC 35-42-4-3 (Child molesting) X X X
IC 35-42-4-5 (Vicarious sexual gratification) X
IC 35-42-4-7 (Child seduction) X
IC 35-42-4-9 (Sexual misconduct with a minor) X X X
HB 1052 1 The following table shows the felonies and the prison sentences that existed prior to July 1, 2014, and
after June 30, 2014, as enacted by HEA 1006–2014.
Sentencing Ranges
Level 1 Level 2 Class A
Minimum 20 years 10 years 20 years
Advisory 30 years 17.5 years 30 years
Maximum 40 years 30 years 50 years
Additional Information – According to the Indiana Supreme Court, the following convictions have been
reported for felony sex offenses (child molesting, child seduction, and sexual misconduct with minor) that
were Class A or Level 1 or 2 felonies.
2019 2020 2021 2022 2023
Class A 24 19 9 19 15
Level 1 85 84 71 109 131
Level 2 1 1 2 1
Totals 110 104 80 130 147
The average expenditure to house an adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or
$12.21 daily, per prisoner. The marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $112,655 annually, or $308.43 daily, in FY 2023. The
marginal cost for juvenile facilities was $6,325 annually or $17.33 daily.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for any felony is
$10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would
range between $113 and $135. The amount of court fees deposited will vary depending on whether the case
is filed in a court of record or a municipal court. The following linked document describes the fees and
distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
HB 1052 2 State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service;
Abstracts of Judgment, Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1052 3