IN
Indiana Senate Bill SB0151

Indiana 2024 Regular Session

Indiana Senate Bill SB0151 Compare Versions

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1-*SB0151.1*
2-January 31, 2024
1+
2+Introduced Version
33 SENATE BILL No. 151
44 _____
5-DIGEST OF SB 151 (Updated January 30, 2024 10:17 am - DI 106)
6-Citations Affected: IC 5-2; IC 35-41.
7-Synopsis: Statute of limitations. Allows the prosecution of Level 3
8-felony rape and child molesting offenses to be commenced at any time.
9-Makes conforming changes.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 5-2-6.1-16; IC 35-41-4-2.
7+Synopsis: Statute of limitations. Allows the prosecution of certain sex
8+offenses to be commenced at any time. Makes conforming changes.
109 Effective: July 1, 2024.
11-Alexander, Crider, Donato, Alting,
12-Doriot, Charbonneau, Becker,
13-Bohacek, Rogers, Buck
10+Alexander
1411 January 8, 2024, read first time and referred to Committee on Corrections and Criminal
1512 Law.
16-January 30, 2024, amended, reported favorably — Do Pass.
17-SB 151—LS 6308/DI 149 January 31, 2024
13+2024 IN 151—LS 6308/DI 149 Introduced
1814 Second Regular Session of the 123rd General Assembly (2024)
1915 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2016 Constitution) is being amended, the text of the existing provision will appear in this style type,
2117 additions will appear in this style type, and deletions will appear in this style type.
2218 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2319 provision adopted), the text of the new provision will appear in this style type. Also, the
2420 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2521 a new provision to the Indiana Code or the Indiana Constitution.
2622 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2723 between statutes enacted by the 2023 Regular Session of the General Assembly.
2824 SENATE BILL No. 151
2925 A BILL FOR AN ACT to amend the Indiana Code concerning
3026 criminal law and procedure.
3127 Be it enacted by the General Assembly of the State of Indiana:
3228 1 SECTION 1. IC 5-2-6.1-16, AS AMENDED BY P.L.31-2020,
3329 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3430 3 JULY 1, 2024]: Sec. 16. (a) A person eligible for assistance under
3531 4 section 12 of this chapter may file an application for assistance with the
3632 5 division if the violent crime was committed in Indiana.
3733 6 (b) Except as provided in subsections (e) and (f), the application
3834 7 must be received by the division not more than one hundred eighty
3935 8 (180) days after the date the crime was committed. The division may
4036 9 grant an extension of time for good cause shown by the claimant.
4137 10 However, and except as provided in subsections (e) and (f), the
4238 11 division may not accept an application that is received more than two
4339 12 (2) years after the date the crime was committed.
4440 13 (c) The application must be filed in the office of the division in
4541 14 person, through the division's Internet web site, website, or by first
4642 15 class or certified mail. If requested, the division shall assist a victim in
4743 16 preparing the application.
4844 17 (d) The division shall accept all applications filed in compliance
49-SB 151—LS 6308/DI 149 2
45+2024 IN 151—LS 6308/DI 149 2
5046 1 with this chapter. Upon receipt of a complete application, the division
5147 2 shall promptly begin the investigation and processing of an application.
5248 3 (e) An alleged victim of a child sex crime may submit an application
5349 4 to the division until the victim becomes thirty-one (31) years of age or
5450 5 in accordance with subsection (f).
5551 6 (f) An alleged victim of a child sex crime described in
56-7 IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may
57-8 submit an application to the division not later than five (5) years after
58-9 the earliest of the date on which:
59-10 (1) the state first discovers evidence sufficient to charge the
60-11 offender with the offense through DNA (deoxyribonucleic acid)
61-12 analysis;
62-13 (2) the state first becomes aware of the existence of a recording
63-14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
64-15 to charge the offender with the offense; or
65-16 (3) a person confesses to the offense.
66-17 (g) An alleged victim of a battery offense included in IC 35-42-2
67-18 upon a child less than fourteen (14) years of age may submit an
68-19 application to the division not later than five (5) years after the
69-20 commission of the offense.
70-21 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
71-22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72-23 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
73-24 a prosecution for an offense is barred unless it is commenced:
74-25 (1) within five (5) years after the commission of the offense, in
75-26 the case of a Class B, Class C, or Class D felony (for a crime
76-27 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
77-28 Level 6 felony (for a crime committed after June 30, 2014); or
78-29 (2) within two (2) years after the commission of the offense, in the
79-30 case of a misdemeanor.
80-31 (b) A prosecution for a Class B or Class C felony (for a crime
81-32 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
82-33 (for a crime committed after June 30, 2014) that would otherwise be
83-34 barred under this section may be commenced within one (1) year after
84-35 the earlier of the date on which the state:
85-36 (1) first discovers evidence sufficient to charge the offender with
86-37 the offense through DNA (deoxyribonucleic acid) analysis; or
87-38 (2) could have discovered evidence sufficient to charge the
88-39 offender with the offense through DNA (deoxyribonucleic acid)
89-40 analysis by the exercise of due diligence.
90-41 However, if the offense is a sex offense against a child described in
91-42 subsection (m), a prosecution otherwise barred under this section may
92-SB 151—LS 6308/DI 149 3
93-1 be prosecuted in accordance with subsection (p).
94-2 (c) Except as provided in subsection (e), A prosecution for a Class
95-3 A felony (for a crime committed before July 1, 2014) or a Level 1
96-4 felony or Level 2 felony (for a crime committed after June 30, 2014)
97-5 the following may be commenced at any time:
98-6 (1) A Class A felony (for a crime committed before July 1,
99-7 2014).
100-8 (2) A Level 1 felony or a Level 2 felony (for a crime
101-9 committed after June 30, 2014).
102-10 (3) Rape (IC 35-42-4-1) as a Level 3 felony.
103-11 (4) Child molesting (IC 35-42-4-3) as a Level 3 felony.
104-12 (d) A prosecution for murder may be commenced:
105-13 (1) at any time; and
106-14 (2) regardless of the amount of time that passes between:
107-15 (A) the date a person allegedly commits the elements of
108-16 murder; and
109-17 (B) the date the alleged victim of the murder dies.
110-18 (e) Except as provided in subsection (p), a prosecution for the
111-19 following offenses is barred unless commenced before the date that the
112-20 alleged victim of the offense reaches thirty-one (31) years of age:
113-21 (1) IC 35-42-4-3 (Child molesting).
114-22 (2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
115-23 (3) (2) IC 35-42-4-6 (Child solicitation).
116-24 (4) (3) IC 35-42-4-7 (Child seduction).
117-25 (5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
118-26 (6) (5) IC 35-46-1-3 (Incest).
119-27 (f) A prosecution for forgery of an instrument for payment of
120-28 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
121-29 is barred unless it is commenced within five (5) years after the maturity
122-30 of the instrument.
123-31 (g) If a complaint, indictment, or information is dismissed because
124-32 of an error, defect, insufficiency, or irregularity, a new prosecution may
125-33 be commenced within ninety (90) days after the dismissal even if the
126-34 period of limitation has expired at the time of dismissal, or will expire
127-35 within ninety (90) days after the dismissal.
128-36 (h) The period within which a prosecution must be commenced does
129-37 not include any period in which:
130-38 (1) the accused person is not usually and publicly resident in
131-39 Indiana or so conceals himself or herself that process cannot be
132-40 served;
133-41 (2) the accused person conceals evidence of the offense, and
134-42 evidence sufficient to charge the person with that offense is
135-SB 151—LS 6308/DI 149 4
136-1 unknown to the prosecuting authority and could not have been
137-2 discovered by that authority by exercise of due diligence; or
138-3 (3) the accused person is a person elected or appointed to office
139-4 under statute or constitution, if the offense charged is theft or
140-5 conversion of public funds or bribery while in public office.
141-6 (i) For purposes of tolling the period of limitation only, a
142-7 prosecution is considered commenced on the earliest of these dates:
143-8 (1) The date of filing of an indictment, information, or complaint
144-9 before a court having jurisdiction.
145-10 (2) The date of issuance of a valid arrest warrant.
146-11 (3) The date of arrest of the accused person by a law enforcement
147-12 officer without a warrant, if the officer has authority to make the
148-13 arrest.
149-14 (j) A prosecution is considered timely commenced for any offense
150-15 to which the defendant enters a plea of guilty, notwithstanding that the
151-16 period of limitation has expired.
152-17 (k) The following apply to the specified offenses:
153-18 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
154-19 funeral trust funds) is barred unless commenced within five (5)
155-20 years after the date of death of the settlor (as described in
156-21 IC 30-2-9).
157-22 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
158-23 of funeral trust funds) is barred unless commenced within five (5)
159-24 years after the date of death of the settlor (as described in
160-25 IC 30-2-10).
161-26 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
162-27 of funeral trust or escrow account funds) is barred unless
163-28 commenced within five (5) years after the date of death of the
164-29 purchaser (as defined in IC 30-2-13-9).
165-30 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
166-31 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
167-32 years after the earlier of the date on which the state:
168-33 (1) first discovers evidence sufficient to charge the offender with
169-34 the offense; or
170-35 (2) could have discovered evidence sufficient to charge the
171-36 offender with the offense by the exercise of due diligence.
172-37 (m) Except as provided in subsection (p), a prosecution for a sex
173-38 offense listed in IC 11-8-8-4.5 that is committed against a child and
174-39 that is not:
175-40 (1) a Class A felony (for a crime committed before July 1, 2014)
176-41 or a Level 1 felony or Level 2 felony (for a crime committed after
177-42 June 30, 2014);
178-SB 151—LS 6308/DI 149 5
179-1 (2) Rape (IC 35-42-4-1) as a Level 3 felony;
180-2 (3) Child molesting (IC 35-42-4-3) as a Level 3 felony; or
181-3 (2) (4) listed in subsection (e);
182-4 is barred unless commenced within ten (10) years after the commission
183-5 of the offense, or within four (4) years after the person ceases to be a
184-6 dependent of the person alleged to have committed the offense,
185-7 whichever occurs later.
186-8 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
187-9 crime committed before July 1, 2014) or as a Level 3 felony (for a
188-10 crime committed after June 30, 2014) that would otherwise be barred
189-11 under this section may be commenced not later than five (5) years after
190-12 the earlier of the date on which:
52+7 IC 35-41-4-2(e) IC 35-41-4-2(l) which meets the requirements of
53+8 IC 35-41-4-2(p) IC 35-41-4-2(m) may submit an application to the
54+9 division not later than five (5) years after the earliest of the date on
55+10 which:
56+11 (1) the state first discovers evidence sufficient to charge the
57+12 offender with the offense through DNA (deoxyribonucleic acid)
58+13 analysis;
59+14 (2) the state first becomes aware of the existence of a recording
60+15 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
61+16 to charge the offender with the offense; or
62+17 (3) a person confesses to the offense.
63+18 (g) An alleged victim of a battery offense included in IC 35-42-2
64+19 upon a child less than fourteen (14) years of age may submit an
65+20 application to the division not later than five (5) years after the
66+21 commission of the offense.
67+22 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
68+23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69+24 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
70+25 a prosecution for an offense is barred unless it is commenced:
71+26 (1) within five (5) years after the commission of the offense, in
72+27 the case of a Class B, Class C, or Class D felony (for a crime
73+28 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
74+29 Level 6 felony (for a crime committed after June 30, 2014); or
75+30 (2) within two (2) years after the commission of the offense, in the
76+31 case of a misdemeanor.
77+32 (b) A prosecution for a Class B or Class C felony (for a crime
78+33 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
79+34 (for a crime committed after June 30, 2014) that would otherwise be
80+35 barred under this section may be commenced within one (1) year after
81+36 the earlier of the date on which the state:
82+37 (1) first discovers evidence sufficient to charge the offender with
83+38 the offense through DNA (deoxyribonucleic acid) analysis; or
84+39 (2) could have discovered evidence sufficient to charge the
85+40 offender with the offense through DNA (deoxyribonucleic acid)
86+41 analysis by the exercise of due diligence.
87+42 However, if the offense is a sex offense against a child described in
88+2024 IN 151—LS 6308/DI 149 3
89+1 subsection (m), (l), a prosecution otherwise barred under this section
90+2 may be prosecuted in accordance with subsection (p). (m).
91+3 (c) Except as provided in subsection (e), a prosecution for a Class
92+4 A felony (for a crime committed before July 1, 2014) or a Level 1
93+5 felony or Level 2 felony (for a crime committed after June 30, 2014)
94+6 subsection (m), a prosecution for the following crimes may be
95+7 commenced at any time:
96+8 (1) A Class A felony (for a crime committed before July 1,
97+9 2014).
98+10 (2) A Level 1 felony or a Level 2 felony (for a crime
99+11 committed after June 30, 2014).
100+12 (3) A sex offense listed in IC 11-8-8-4.5.
101+13 (d) A prosecution for murder may be commenced:
102+14 (1) at any time; and
103+15 (2) regardless of the amount of time that passes between:
104+16 (A) the date a person allegedly commits the elements of
105+17 murder; and
106+18 (B) the date the alleged victim of the murder dies.
107+19 (e) Except as provided in subsection (p), a prosecution for the
108+20 following offenses is barred unless commenced before the date that the
109+21 alleged victim of the offense reaches thirty-one (31) years of age:
110+22 (1) IC 35-42-4-3 (Child molesting).
111+23 (2) IC 35-42-4-5 (Vicarious sexual gratification).
112+24 (3) IC 35-42-4-6 (Child solicitation).
113+25 (4) IC 35-42-4-7 (Child seduction).
114+26 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
115+27 (6) IC 35-46-1-3 (Incest).
116+28 (f) (e) A prosecution for forgery of an instrument for payment of
117+29 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
118+30 is barred unless it is commenced within five (5) years after the maturity
119+31 of the instrument.
120+32 (g) (f) If a complaint, indictment, or information is dismissed
121+33 because of an error, defect, insufficiency, or irregularity, a new
122+34 prosecution may be commenced within ninety (90) days after the
123+35 dismissal even if the period of limitation has expired at the time of
124+36 dismissal, or will expire within ninety (90) days after the dismissal.
125+37 (h) (g) The period within which a prosecution must be commenced
126+38 does not include any period in which:
127+39 (1) the accused person is not usually and publicly resident in
128+40 Indiana or so conceals himself or herself that process cannot be
129+41 served;
130+42 (2) the accused person conceals evidence of the offense, and
131+2024 IN 151—LS 6308/DI 149 4
132+1 evidence sufficient to charge the person with that offense is
133+2 unknown to the prosecuting authority and could not have been
134+3 discovered by that authority by exercise of due diligence; or
135+4 (3) the accused person is a person elected or appointed to office
136+5 under statute or constitution, if the offense charged is theft or
137+6 conversion of public funds or bribery while in public office.
138+7 (i) (h) For purposes of tolling the period of limitation only, a
139+8 prosecution is considered commenced on the earliest of these dates:
140+9 (1) The date of filing of an indictment, information, or complaint
141+10 before a court having jurisdiction.
142+11 (2) The date of issuance of a valid arrest warrant.
143+12 (3) The date of arrest of the accused person by a law enforcement
144+13 officer without a warrant, if the officer has authority to make the
145+14 arrest.
146+15 (j) (i) A prosecution is considered timely commenced for any
147+16 offense to which the defendant enters a plea of guilty, notwithstanding
148+17 that the period of limitation has expired.
149+18 (k) (j) The following apply to the specified offenses:
150+19 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
151+20 funeral trust funds) is barred unless commenced within five (5)
152+21 years after the date of death of the settlor (as described in
153+22 IC 30-2-9).
154+23 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
155+24 of funeral trust funds) is barred unless commenced within five (5)
156+25 years after the date of death of the settlor (as described in
157+26 IC 30-2-10).
158+27 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
159+28 of funeral trust or escrow account funds) is barred unless
160+29 commenced within five (5) years after the date of death of the
161+30 purchaser (as defined in IC 30-2-13-9).
162+31 (l) (k) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
163+32 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
164+33 years after the earlier of the date on which the state:
165+34 (1) first discovers evidence sufficient to charge the offender with
166+35 the offense; or
167+36 (2) could have discovered evidence sufficient to charge the
168+37 offender with the offense by the exercise of due diligence.
169+38 (m) Except as provided in subsection (p), a prosecution for a sex
170+39 offense listed in IC 11-8-8-4.5 that is committed against a child and
171+40 that is not:
172+41 (1) a Class A felony (for a crime committed before July 1, 2014)
173+42 or a Level 1 felony or Level 2 felony (for a crime committed after
174+2024 IN 151—LS 6308/DI 149 5
175+1 June 30, 2014); or
176+2 (2) listed in subsection (e);
177+3 is barred unless commenced within ten (10) years after the commission
178+4 of the offense, or within four (4) years after the person ceases to be a
179+5 dependent of the person alleged to have committed the offense,
180+6 whichever occurs later.
181+7 (n) (l) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for
182+8 a crime committed before July 1, 2014) or as a Level 3 felony (for a
183+9 crime committed after June 30, 2014) the following crimes that would
184+10 otherwise be barred under this section may be commenced in
185+11 accordance with subsection (m): not later than five (5) years after the
186+12 earlier of the date on which:
191187 13 (1) the state first discovers evidence sufficient to charge the
192188 14 offender with the offense through DNA (deoxyribonucleic acid)
193189 15 analysis;
194190 16 (2) the state first becomes aware of the existence of a recording
195191 17 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
196192 18 to charge the offender with the offense; or
197193 19 (3) a person confesses to the offense.
198-20 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
199-21 (repealed) as a Class B felony for a crime committed before July 1,
200-22 2014, that would otherwise be barred under this section may be
201-23 commenced not later than five (5) years after the earliest of the date on
202-24 which:
203-25 (1) the state first discovers evidence sufficient to charge the
204-26 offender with the offense through DNA (deoxyribonucleic acid)
205-27 analysis;
206-28 (2) the state first becomes aware of the existence of a recording
207-29 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
208-30 to charge the offender with the offense; or
209-31 (3) a person confesses to the offense.
210-32 (p) A prosecution for an offense described in subsection (c), (e), or
211-33 subsection (m) that would otherwise be barred under this section may
212-34 be commenced not later than five (5) years after the earliest of the date
213-35 on which:
214-36 (1) the state first discovers evidence sufficient to charge the
215-37 offender with the offense through DNA (deoxyribonucleic acid)
216-38 analysis;
217-39 (2) the state first becomes aware of the existence of a recording
218-40 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
219-41 to charge the offender with the offense; or
220-42 (3) a person confesses to the offense.
221-SB 151—LS 6308/DI 149 6
222-1 (q) If a prosecution for an offense under this section is barred
223-2 due to the expiration of a previous statute of limitation, a
224-3 prosecution for that offense may still be commenced under
225-4 subsection (b), (n), (o), or (p), if applicable.
226-SB 151—LS 6308/DI 149 7
227-COMMITTEE REPORT
228-Madam President: The Senate Committee on Corrections and
229-Criminal Law, to which was referred Senate Bill No. 151, has had the
230-same under consideration and begs leave to report the same back to the
231-Senate with the recommendation that said bill be AMENDED as
232-follows:
233-Page 2, line 7, reset in roman "IC 35-41-4-2(e)".
234-Page 2, line 7, delete "IC 35-41-4-2(l)".
235-Page 2, line 8, reset in roman "IC 35-41-4-2(p)".
236-Page 2, line 8, delete "IC 35-41-4-2(m)".
237-Page 2, delete lines 22 through 42, begin a new paragraph and
238-insert:
239-"SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
240-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
241-JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
242-a prosecution for an offense is barred unless it is commenced:
243-(1) within five (5) years after the commission of the offense, in
244-the case of a Class B, Class C, or Class D felony (for a crime
245-committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
246-Level 6 felony (for a crime committed after June 30, 2014); or
247-(2) within two (2) years after the commission of the offense, in the
248-case of a misdemeanor.
249-(b) A prosecution for a Class B or Class C felony (for a crime
250-committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
251-(for a crime committed after June 30, 2014) that would otherwise be
252-barred under this section may be commenced within one (1) year after
253-the earlier of the date on which the state:
254-(1) first discovers evidence sufficient to charge the offender with
255-the offense through DNA (deoxyribonucleic acid) analysis; or
256-(2) could have discovered evidence sufficient to charge the
257-offender with the offense through DNA (deoxyribonucleic acid)
258-analysis by the exercise of due diligence.
259-However, if the offense is a sex offense against a child described in
260-subsection (m), a prosecution otherwise barred under this section may
261-be prosecuted in accordance with subsection (p).
262-(c) Except as provided in subsection (e), A prosecution for a Class
263-A felony (for a crime committed before July 1, 2014) or a Level 1
264-felony or Level 2 felony (for a crime committed after June 30, 2014)
265-the following may be commenced at any time:
266-(1) A Class A felony (for a crime committed before July 1,
267-2014).
268-SB 151—LS 6308/DI 149 8
269-(2) A Level 1 felony or a Level 2 felony (for a crime
270-committed after June 30, 2014).
271-(3) Rape (IC 35-42-4-1) as a Level 3 felony.
272-(4) Child molesting (IC 35-42-4-3) as a Level 3 felony.
273-(d) A prosecution for murder may be commenced:
274-(1) at any time; and
275-(2) regardless of the amount of time that passes between:
276-(A) the date a person allegedly commits the elements of
277-murder; and
278-(B) the date the alleged victim of the murder dies.
279-(e) Except as provided in subsection (p), a prosecution for the
280-following offenses is barred unless commenced before the date that the
281-alleged victim of the offense reaches thirty-one (31) years of age:
282-(1) IC 35-42-4-3 (Child molesting).
283-(2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
284-(3) (2) IC 35-42-4-6 (Child solicitation).
285-(4) (3) IC 35-42-4-7 (Child seduction).
286-(5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
287-(6) (5) IC 35-46-1-3 (Incest).
288-(f) A prosecution for forgery of an instrument for payment of
289-money, or for the uttering of a forged instrument, under IC 35-43-5-2,
290-is barred unless it is commenced within five (5) years after the maturity
291-of the instrument.
292-(g) If a complaint, indictment, or information is dismissed because
293-of an error, defect, insufficiency, or irregularity, a new prosecution may
294-be commenced within ninety (90) days after the dismissal even if the
295-period of limitation has expired at the time of dismissal, or will expire
296-within ninety (90) days after the dismissal.
297-(h) The period within which a prosecution must be commenced does
298-not include any period in which:
299-(1) the accused person is not usually and publicly resident in
300-Indiana or so conceals himself or herself that process cannot be
301-served;
302-(2) the accused person conceals evidence of the offense, and
303-evidence sufficient to charge the person with that offense is
304-unknown to the prosecuting authority and could not have been
305-discovered by that authority by exercise of due diligence; or
306-(3) the accused person is a person elected or appointed to office
307-under statute or constitution, if the offense charged is theft or
308-conversion of public funds or bribery while in public office.
309-(i) For purposes of tolling the period of limitation only, a
310-prosecution is considered commenced on the earliest of these dates:
311-SB 151—LS 6308/DI 149 9
312-(1) The date of filing of an indictment, information, or complaint
313-before a court having jurisdiction.
314-(2) The date of issuance of a valid arrest warrant.
315-(3) The date of arrest of the accused person by a law enforcement
316-officer without a warrant, if the officer has authority to make the
317-arrest.
318-(j) A prosecution is considered timely commenced for any offense
319-to which the defendant enters a plea of guilty, notwithstanding that the
320-period of limitation has expired.
321-(k) The following apply to the specified offenses:
322-(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
323-funeral trust funds) is barred unless commenced within five (5)
324-years after the date of death of the settlor (as described in
325-IC 30-2-9).
326-(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
327-of funeral trust funds) is barred unless commenced within five (5)
328-years after the date of death of the settlor (as described in
329-IC 30-2-10).
330-(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
331-of funeral trust or escrow account funds) is barred unless
332-commenced within five (5) years after the date of death of the
333-purchaser (as defined in IC 30-2-13-9).
334-(l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
335-IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
336-years after the earlier of the date on which the state:
337-(1) first discovers evidence sufficient to charge the offender with
338-the offense; or
339-(2) could have discovered evidence sufficient to charge the
340-offender with the offense by the exercise of due diligence.
341-(m) Except as provided in subsection (p), a prosecution for a sex
342-offense listed in IC 11-8-8-4.5 that is committed against a child and
343-that is not:
344-(1) a Class A felony (for a crime committed before July 1, 2014)
345-or a Level 1 felony or Level 2 felony (for a crime committed after
346-June 30, 2014);
347-(2) Rape (IC 35-42-4-1) as a Level 3 felony;
348-(3) Child molesting (IC 35-42-4-3) as a Level 3 felony; or
349-(2) (4) listed in subsection (e);
350-is barred unless commenced within ten (10) years after the commission
351-of the offense, or within four (4) years after the person ceases to be a
352-dependent of the person alleged to have committed the offense,
353-whichever occurs later.
354-SB 151—LS 6308/DI 149 10
355-(n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
356-crime committed before July 1, 2014) or as a Level 3 felony (for a
357-crime committed after June 30, 2014) that would otherwise be barred
358-under this section may be commenced not later than five (5) years after
359-the earlier of the date on which:
360-(1) the state first discovers evidence sufficient to charge the
361-offender with the offense through DNA (deoxyribonucleic acid)
362-analysis;
363-(2) the state first becomes aware of the existence of a recording
364-(as defined in IC 35-31.5-2-273) that provides evidence sufficient
365-to charge the offender with the offense; or
366-(3) a person confesses to the offense.
367-(o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
368-(repealed) as a Class B felony for a crime committed before July 1,
369-2014, that would otherwise be barred under this section may be
370-commenced not later than five (5) years after the earliest of the date on
371-which:
372-(1) the state first discovers evidence sufficient to charge the
373-offender with the offense through DNA (deoxyribonucleic acid)
374-analysis;
375-(2) the state first becomes aware of the existence of a recording
376-(as defined in IC 35-31.5-2-273) that provides evidence sufficient
377-to charge the offender with the offense; or
378-(3) a person confesses to the offense.
379-(p) A prosecution for an offense described in subsection (c), (e), or
380-subsection (m) that would otherwise be barred under this section may
381-be commenced not later than five (5) years after the earliest of the date
382-on which:
383-(1) the state first discovers evidence sufficient to charge the
384-offender with the offense through DNA (deoxyribonucleic acid)
385-analysis;
386-(2) the state first becomes aware of the existence of a recording
387-(as defined in IC 35-31.5-2-273) that provides evidence sufficient
388-to charge the offender with the offense; or
389-(3) a person confesses to the offense.
390-(q) If a prosecution for an offense under this section is barred
391-due to the expiration of a previous statute of limitation, a
392-prosecution for that offense may still be commenced under
393-subsection (b), (n), (o), or (p), if applicable.".
394-Delete pages 3 through 6.
395-Renumber all SECTIONS consecutively.
396-SB 151—LS 6308/DI 149 11
397-and when so amended that said bill do pass.
398-(Reference is to SB 151 as introduced.)
399-FREEMAN, Chairperson
400-Committee Vote: Yeas 7, Nays 0.
401-SB 151—LS 6308/DI 149
194+20 (1) Rape (IC 35-42-4-1) as a Class B felony (for a crime
195+21 committed before July 1, 2014) or as a Level 3 felony (for a
196+22 crime committed after June 30, 2014).
197+23 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed) as a
198+24 Class B felony (for a crime committed before July 1, 2014).
199+25 (3) A sex offense listed in IC 11-8-8-4.5 that is committed
200+26 against a child and that is not a Class A felony (for a crime
201+27 committed before July 1, 2014) or a Level 1 felony or Level 2
202+28 felony (for a crime committed after June 30, 2014).
203+29 (4) Incest (IC 35-46-1-3).
204+30 (o) (m) A prosecution for criminal deviate conduct (IC 35-42-4-2)
205+31 (repealed) as a Class B felony for a crime committed before July 1,
206+32 2014, an offense described in subsection (l), that would otherwise be
207+33 barred under this section may be commenced not later than five (5)
208+34 years after the earliest of the date on which:
209+35 (1) the state first discovers evidence sufficient to charge the
210+36 offender with the offense through DNA (deoxyribonucleic acid)
211+37 analysis;
212+38 (2) the state first becomes aware of the existence of a recording
213+39 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
214+40 to charge the offender with the offense; or
215+41 (3) a person confesses to the offense.
216+42 (p) A prosecution for an offense described in subsection (e) or
217+2024 IN 151—LS 6308/DI 149 6
218+1 subsection (m) that would otherwise be barred under this section may
219+2 be commenced not later than five (5) years after the earliest of the date
220+3 on which:
221+4 (1) the state first discovers evidence sufficient to charge the
222+5 offender with the offense through DNA (deoxyribonucleic acid)
223+6 analysis;
224+7 (2) the state first becomes aware of the existence of a recording
225+8 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
226+9 to charge the offender with the offense; or
227+10 (3) a person confesses to the offense.
228+2024 IN 151—LS 6308/DI 149