Introduced Version
SENATE BILL No. 151
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6.1-16; IC 35-41-4-2.
Synopsis: Statute of limitations. Allows the prosecution of certain sex
offenses to be commenced at any time. Makes conforming changes.
Effective: July 1, 2024.
Alexander
January 8, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
2024 IN 151—LS 6308/DI 149 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 151
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
4 section 12 of this chapter may file an application for assistance with the
5 division if the violent crime was committed in Indiana.
6 (b) Except as provided in subsections (e) and (f), the application
7 must be received by the division not more than one hundred eighty
8 (180) days after the date the crime was committed. The division may
9 grant an extension of time for good cause shown by the claimant.
10 However, and except as provided in subsections (e) and (f), the
11 division may not accept an application that is received more than two
12 (2) years after the date the crime was committed.
13 (c) The application must be filed in the office of the division in
14 person, through the division's Internet web site, website, or by first
15 class or certified mail. If requested, the division shall assist a victim in
16 preparing the application.
17 (d) The division shall accept all applications filed in compliance
2024 IN 151—LS 6308/DI 149 2
1 with this chapter. Upon receipt of a complete application, the division
2 shall promptly begin the investigation and processing of an application.
3 (e) An alleged victim of a child sex crime may submit an application
4 to the division until the victim becomes thirty-one (31) years of age or
5 in accordance with subsection (f).
6 (f) An alleged victim of a child sex crime described in
7 IC 35-41-4-2(e) IC 35-41-4-2(l) which meets the requirements of
8 IC 35-41-4-2(p) IC 35-41-4-2(m) may submit an application to the
9 division not later than five (5) years after the earliest of the date on
10 which:
11 (1) the state first discovers evidence sufficient to charge the
12 offender with the offense through DNA (deoxyribonucleic acid)
13 analysis;
14 (2) the state first becomes aware of the existence of a recording
15 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
16 to charge the offender with the offense; or
17 (3) a person confesses to the offense.
18 (g) An alleged victim of a battery offense included in IC 35-42-2
19 upon a child less than fourteen (14) years of age may submit an
20 application to the division not later than five (5) years after the
21 commission of the offense.
22 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
25 a prosecution for an offense is barred unless it is commenced:
26 (1) within five (5) years after the commission of the offense, in
27 the case of a Class B, Class C, or Class D felony (for a crime
28 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
29 Level 6 felony (for a crime committed after June 30, 2014); or
30 (2) within two (2) years after the commission of the offense, in the
31 case of a misdemeanor.
32 (b) A prosecution for a Class B or Class C felony (for a crime
33 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
34 (for a crime committed after June 30, 2014) that would otherwise be
35 barred under this section may be commenced within one (1) year after
36 the earlier of the date on which the state:
37 (1) first discovers evidence sufficient to charge the offender with
38 the offense through DNA (deoxyribonucleic acid) analysis; or
39 (2) could have discovered evidence sufficient to charge the
40 offender with the offense through DNA (deoxyribonucleic acid)
41 analysis by the exercise of due diligence.
42 However, if the offense is a sex offense against a child described in
2024 IN 151—LS 6308/DI 149 3
1 subsection (m), (l), a prosecution otherwise barred under this section
2 may be prosecuted in accordance with subsection (p). (m).
3 (c) Except as provided in subsection (e), a prosecution for a Class
4 A felony (for a crime committed before July 1, 2014) or a Level 1
5 felony or Level 2 felony (for a crime committed after June 30, 2014)
6 subsection (m), a prosecution for the following crimes may be
7 commenced at any time:
8 (1) A Class A felony (for a crime committed before July 1,
9 2014).
10 (2) A Level 1 felony or a Level 2 felony (for a crime
11 committed after June 30, 2014).
12 (3) A sex offense listed in IC 11-8-8-4.5.
13 (d) A prosecution for murder may be commenced:
14 (1) at any time; and
15 (2) regardless of the amount of time that passes between:
16 (A) the date a person allegedly commits the elements of
17 murder; and
18 (B) the date the alleged victim of the murder dies.
19 (e) Except as provided in subsection (p), a prosecution for the
20 following offenses is barred unless commenced before the date that the
21 alleged victim of the offense reaches thirty-one (31) years of age:
22 (1) IC 35-42-4-3 (Child molesting).
23 (2) IC 35-42-4-5 (Vicarious sexual gratification).
24 (3) IC 35-42-4-6 (Child solicitation).
25 (4) IC 35-42-4-7 (Child seduction).
26 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
27 (6) IC 35-46-1-3 (Incest).
28 (f) (e) A prosecution for forgery of an instrument for payment of
29 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
30 is barred unless it is commenced within five (5) years after the maturity
31 of the instrument.
32 (g) (f) If a complaint, indictment, or information is dismissed
33 because of an error, defect, insufficiency, or irregularity, a new
34 prosecution may be commenced within ninety (90) days after the
35 dismissal even if the period of limitation has expired at the time of
36 dismissal, or will expire within ninety (90) days after the dismissal.
37 (h) (g) The period within which a prosecution must be commenced
38 does not include any period in which:
39 (1) the accused person is not usually and publicly resident in
40 Indiana or so conceals himself or herself that process cannot be
41 served;
42 (2) the accused person conceals evidence of the offense, and
2024 IN 151—LS 6308/DI 149 4
1 evidence sufficient to charge the person with that offense is
2 unknown to the prosecuting authority and could not have been
3 discovered by that authority by exercise of due diligence; or
4 (3) the accused person is a person elected or appointed to office
5 under statute or constitution, if the offense charged is theft or
6 conversion of public funds or bribery while in public office.
7 (i) (h) For purposes of tolling the period of limitation only, a
8 prosecution is considered commenced on the earliest of these dates:
9 (1) The date of filing of an indictment, information, or complaint
10 before a court having jurisdiction.
11 (2) The date of issuance of a valid arrest warrant.
12 (3) The date of arrest of the accused person by a law enforcement
13 officer without a warrant, if the officer has authority to make the
14 arrest.
15 (j) (i) A prosecution is considered timely commenced for any
16 offense to which the defendant enters a plea of guilty, notwithstanding
17 that the period of limitation has expired.
18 (k) (j) The following apply to the specified offenses:
19 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
20 funeral trust funds) is barred unless commenced within five (5)
21 years after the date of death of the settlor (as described in
22 IC 30-2-9).
23 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
24 of funeral trust funds) is barred unless commenced within five (5)
25 years after the date of death of the settlor (as described in
26 IC 30-2-10).
27 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
28 of funeral trust or escrow account funds) is barred unless
29 commenced within five (5) years after the date of death of the
30 purchaser (as defined in IC 30-2-13-9).
31 (l) (k) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
32 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
33 years after the earlier of the date on which the state:
34 (1) first discovers evidence sufficient to charge the offender with
35 the offense; or
36 (2) could have discovered evidence sufficient to charge the
37 offender with the offense by the exercise of due diligence.
38 (m) Except as provided in subsection (p), a prosecution for a sex
39 offense listed in IC 11-8-8-4.5 that is committed against a child and
40 that is not:
41 (1) a Class A felony (for a crime committed before July 1, 2014)
42 or a Level 1 felony or Level 2 felony (for a crime committed after
2024 IN 151—LS 6308/DI 149 5
1 June 30, 2014); or
2 (2) listed in subsection (e);
3 is barred unless commenced within ten (10) years after the commission
4 of the offense, or within four (4) years after the person ceases to be a
5 dependent of the person alleged to have committed the offense,
6 whichever occurs later.
7 (n) (l) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for
8 a crime committed before July 1, 2014) or as a Level 3 felony (for a
9 crime committed after June 30, 2014) the following crimes that would
10 otherwise be barred under this section may be commenced in
11 accordance with subsection (m): not later than five (5) years after the
12 earlier of the date on which:
13 (1) the state first discovers evidence sufficient to charge the
14 offender with the offense through DNA (deoxyribonucleic acid)
15 analysis;
16 (2) the state first becomes aware of the existence of a recording
17 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
18 to charge the offender with the offense; or
19 (3) a person confesses to the offense.
20 (1) Rape (IC 35-42-4-1) as a Class B felony (for a crime
21 committed before July 1, 2014) or as a Level 3 felony (for a
22 crime committed after June 30, 2014).
23 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed) as a
24 Class B felony (for a crime committed before July 1, 2014).
25 (3) A sex offense listed in IC 11-8-8-4.5 that is committed
26 against a child and that is not a Class A felony (for a crime
27 committed before July 1, 2014) or a Level 1 felony or Level 2
28 felony (for a crime committed after June 30, 2014).
29 (4) Incest (IC 35-46-1-3).
30 (o) (m) A prosecution for criminal deviate conduct (IC 35-42-4-2)
31 (repealed) as a Class B felony for a crime committed before July 1,
32 2014, an offense described in subsection (l), that would otherwise be
33 barred under this section may be commenced not later than five (5)
34 years after the earliest of the date on which:
35 (1) the state first discovers evidence sufficient to charge the
36 offender with the offense through DNA (deoxyribonucleic acid)
37 analysis;
38 (2) the state first becomes aware of the existence of a recording
39 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
40 to charge the offender with the offense; or
41 (3) a person confesses to the offense.
42 (p) A prosecution for an offense described in subsection (e) or
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1 subsection (m) that would otherwise be barred under this section may
2 be commenced not later than five (5) years after the earliest of the date
3 on which:
4 (1) the state first discovers evidence sufficient to charge the
5 offender with the offense through DNA (deoxyribonucleic acid)
6 analysis;
7 (2) the state first becomes aware of the existence of a recording
8 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
9 to charge the offender with the offense; or
10 (3) a person confesses to the offense.
2024 IN 151—LS 6308/DI 149