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 6308 NOTE PREPARED: Dec 5, 2023
BILL NUMBER: SB 151 BILL AMENDED:
SUBJECT: Statute of Limitations.
FIRST AUTHOR: Sen. Alexander BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill allows the prosecution of certain sex offenses to be commenced at any
time. This bill also makes conforming changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Victim Reimbursement – This could increase the number of persons
who might be eligible for victim reimbursement from the Criminal Justice Institute. However, any added
monetary assistance to these new victims will be minimal.
Criminal Prosecutions – Any increase in DOC’s offender population is expected to be minor. Under current
law, prosecution is barred unless commenced within ten years after the commission of the offense, or within four
years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever
occurs later.
In addition, if after the victim reaches 31 years of age, the statute of limitations would be extended an
additional five years after the earliest of the following: the state first discovers evidence sufficient to charge
the offender with the offense through DNA; the state first becomes aware of the existence of a recording that
provides evidence sufficient to charge the offender with the offense; or a person confesses to the offense.
The following sex crimes against children would be affected:
• Child Molesting as a Class B and C and Level 3 and 4 felony
• Vicarious Sexual Gratification as a Class B, C, and D and Level 3, 4, 5, and 6 felony
SB 151 1 • Child Solicitation as a Class B, C, and D and Level 4 and 5 felony
• Child Seduction as a Class C and D and Level 5 and 6 felony
• Sexual Misconduct with a Minor as a Class B, C, and D and Level 4, 5, and 6 felony
• Incest as a Class B and C and Level 4 and 5 felony
• Sexual misconduct by a service provider with a detained or supervised child as a Level 4 and 5
felony
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.
Felony Class (before July 1, 2014) Felony Level (After June 30, 2014)
Minimum Advisory
1,2
Maximum MinimumAdvisory
1,2
Maximum
B 6 years 10 years 20 years
3 3 years 9 years 16 years
4 2 years 6 years 12 years
C 2 years 4 years 8 years5 1 years 3 years 6 years
D 6 months 1.5 years 3 years66 months 1 year 30 months
1
An advisory sentence is a guideline sentence that the court may voluntarily consider as the midpoint between the
maximum sentence and the minimum sentence (IC 35-50-2-1.3).
2
Persons sentenced for Class B C or D felonies earn one day of good time credit for each day the person is imprisoned
(IC 35-50-6-3 ) while persons who are sentenced for Level 3 4 and 5 felonies earn one day of good time credit for every
three days imprisoned persons sentenced for Level 6 felonies earn one day of good time credit for each days they are in
prison. (IC 35-50-6-3.1 )
Additional Information – According to the Indiana Supreme Court, the following persons have been
convicted of felony sex offenses that were not Class A or Level 1 or 2 felonies..
Number of Persons Convicted of a Child Sex Crime
Felony FY 2019 FY 2020FY 2021FY 2022FY 2023
Level 3 45 53 49 61 52
Level 4 199 209 203 241 296
Level 5 108 110 95 113 141
Level 6 41 33 29 29 29
Class B 17 6 4 7 7
Class C 24 15 3 12 19
Class D 3 1 3
Grand Total 437 427 383 466 544
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.
SB 151 2 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.
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.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 151 3