*SB0151.1*
January 31, 2024
SENATE BILL No. 151
_____
DIGEST OF SB 151 (Updated January 30, 2024 10:17 am - DI 106)
Citations Affected: IC 5-2; IC 35-41.
Synopsis: Statute of limitations. Allows the prosecution of Level 3
felony rape and child molesting offenses to be commenced at any time.
Makes conforming changes.
Effective: July 1, 2024.
Alexander, Crider, Donato, Alting,
Doriot, Charbonneau, Becker,
Bohacek, Rogers, Buck
January 8, 2024, read first time and referred to Committee on Corrections and Criminal
Law.
January 30, 2024, amended, reported favorably — Do Pass.
SB 151—LS 6308/DI 149 January 31, 2024
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
SB 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) which meets the requirements of IC 35-41-4-2(p) may
8 submit an application to the division not later than five (5) years after
9 the earliest of the date on which:
10 (1) the state first discovers evidence sufficient to charge the
11 offender with the offense through DNA (deoxyribonucleic acid)
12 analysis;
13 (2) the state first becomes aware of the existence of a recording
14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
15 to charge the offender with the offense; or
16 (3) a person confesses to the offense.
17 (g) An alleged victim of a battery offense included in IC 35-42-2
18 upon a child less than fourteen (14) years of age may submit an
19 application to the division not later than five (5) years after the
20 commission of the offense.
21 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
24 a prosecution for an offense is barred unless it is commenced:
25 (1) within five (5) years after the commission of the offense, in
26 the case of a Class B, Class C, or Class D felony (for a crime
27 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
28 Level 6 felony (for a crime committed after June 30, 2014); or
29 (2) within two (2) years after the commission of the offense, in the
30 case of a misdemeanor.
31 (b) A prosecution for a Class B or Class C felony (for a crime
32 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
33 (for a crime committed after June 30, 2014) that would otherwise be
34 barred under this section may be commenced within one (1) year after
35 the earlier of the date on which the state:
36 (1) first discovers evidence sufficient to charge the offender with
37 the offense through DNA (deoxyribonucleic acid) analysis; or
38 (2) could have discovered evidence sufficient to charge the
39 offender with the offense through DNA (deoxyribonucleic acid)
40 analysis by the exercise of due diligence.
41 However, if the offense is a sex offense against a child described in
42 subsection (m), a prosecution otherwise barred under this section may
SB 151—LS 6308/DI 149 3
1 be prosecuted in accordance with subsection (p).
2 (c) Except as provided in subsection (e), A prosecution for a Class
3 A felony (for a crime committed before July 1, 2014) or a Level 1
4 felony or Level 2 felony (for a crime committed after June 30, 2014)
5 the following may be commenced at any time:
6 (1) A Class A felony (for a crime committed before July 1,
7 2014).
8 (2) A Level 1 felony or a Level 2 felony (for a crime
9 committed after June 30, 2014).
10 (3) Rape (IC 35-42-4-1) as a Level 3 felony.
11 (4) Child molesting (IC 35-42-4-3) as a Level 3 felony.
12 (d) A prosecution for murder may be commenced:
13 (1) at any time; and
14 (2) regardless of the amount of time that passes between:
15 (A) the date a person allegedly commits the elements of
16 murder; and
17 (B) the date the alleged victim of the murder dies.
18 (e) Except as provided in subsection (p), a prosecution for the
19 following offenses is barred unless commenced before the date that the
20 alleged victim of the offense reaches thirty-one (31) years of age:
21 (1) IC 35-42-4-3 (Child molesting).
22 (2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
23 (3) (2) IC 35-42-4-6 (Child solicitation).
24 (4) (3) IC 35-42-4-7 (Child seduction).
25 (5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
26 (6) (5) IC 35-46-1-3 (Incest).
27 (f) A prosecution for forgery of an instrument for payment of
28 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
29 is barred unless it is commenced within five (5) years after the maturity
30 of the instrument.
31 (g) If a complaint, indictment, or information is dismissed because
32 of an error, defect, insufficiency, or irregularity, a new prosecution may
33 be commenced within ninety (90) days after the dismissal even if the
34 period of limitation has expired at the time of dismissal, or will expire
35 within ninety (90) days after the dismissal.
36 (h) The period within which a prosecution must be commenced does
37 not include any period in which:
38 (1) the accused person is not usually and publicly resident in
39 Indiana or so conceals himself or herself that process cannot be
40 served;
41 (2) the accused person conceals evidence of the offense, and
42 evidence sufficient to charge the person with that offense is
SB 151—LS 6308/DI 149 4
1 unknown to the prosecuting authority and could not have been
2 discovered by that authority by exercise of due diligence; or
3 (3) the accused person is a person elected or appointed to office
4 under statute or constitution, if the offense charged is theft or
5 conversion of public funds or bribery while in public office.
6 (i) For purposes of tolling the period of limitation only, a
7 prosecution is considered commenced on the earliest of these dates:
8 (1) The date of filing of an indictment, information, or complaint
9 before a court having jurisdiction.
10 (2) The date of issuance of a valid arrest warrant.
11 (3) The date of arrest of the accused person by a law enforcement
12 officer without a warrant, if the officer has authority to make the
13 arrest.
14 (j) A prosecution is considered timely commenced for any offense
15 to which the defendant enters a plea of guilty, notwithstanding that the
16 period of limitation has expired.
17 (k) The following apply to the specified offenses:
18 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
19 funeral trust funds) is barred unless commenced within five (5)
20 years after the date of death of the settlor (as described in
21 IC 30-2-9).
22 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
23 of funeral trust funds) is barred unless commenced within five (5)
24 years after the date of death of the settlor (as described in
25 IC 30-2-10).
26 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
27 of funeral trust or escrow account funds) is barred unless
28 commenced within five (5) years after the date of death of the
29 purchaser (as defined in IC 30-2-13-9).
30 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
31 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
32 years after the earlier of the date on which the state:
33 (1) first discovers evidence sufficient to charge the offender with
34 the offense; or
35 (2) could have discovered evidence sufficient to charge the
36 offender with the offense by the exercise of due diligence.
37 (m) Except as provided in subsection (p), a prosecution for a sex
38 offense listed in IC 11-8-8-4.5 that is committed against a child and
39 that is not:
40 (1) a Class A felony (for a crime committed before July 1, 2014)
41 or a Level 1 felony or Level 2 felony (for a crime committed after
42 June 30, 2014);
SB 151—LS 6308/DI 149 5
1 (2) Rape (IC 35-42-4-1) as a Level 3 felony;
2 (3) Child molesting (IC 35-42-4-3) as a Level 3 felony; or
3 (2) (4) listed in subsection (e);
4 is barred unless commenced within ten (10) years after the commission
5 of the offense, or within four (4) years after the person ceases to be a
6 dependent of the person alleged to have committed the offense,
7 whichever occurs later.
8 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
9 crime committed before July 1, 2014) or as a Level 3 felony (for a
10 crime committed after June 30, 2014) that would otherwise be barred
11 under this section may be commenced not later than five (5) years after
12 the 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 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
21 (repealed) as a Class B felony for a crime committed before July 1,
22 2014, that would otherwise be barred under this section may be
23 commenced not later than five (5) years after the earliest of the date on
24 which:
25 (1) the state first discovers evidence sufficient to charge the
26 offender with the offense through DNA (deoxyribonucleic acid)
27 analysis;
28 (2) the state first becomes aware of the existence of a recording
29 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
30 to charge the offender with the offense; or
31 (3) a person confesses to the offense.
32 (p) A prosecution for an offense described in subsection (c), (e), or
33 subsection (m) that would otherwise be barred under this section may
34 be commenced not later than five (5) years after the earliest of the date
35 on which:
36 (1) the state first discovers evidence sufficient to charge the
37 offender with the offense through DNA (deoxyribonucleic acid)
38 analysis;
39 (2) the state first becomes aware of the existence of a recording
40 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
41 to charge the offender with the offense; or
42 (3) a person confesses to the offense.
SB 151—LS 6308/DI 149 6
1 (q) If a prosecution for an offense under this section is barred
2 due to the expiration of a previous statute of limitation, a
3 prosecution for that offense may still be commenced under
4 subsection (b), (n), (o), or (p), if applicable.
SB 151—LS 6308/DI 149 7
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred Senate Bill No. 151, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 7, reset in roman "IC 35-41-4-2(e)".
Page 2, line 7, delete "IC 35-41-4-2(l)".
Page 2, line 8, reset in roman "IC 35-41-4-2(p)".
Page 2, line 8, delete "IC 35-41-4-2(m)".
Page 2, delete lines 22 through 42, begin a new paragraph and
insert:
"SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in
the case of a Class B, Class C, or Class D felony (for a crime
committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
Level 6 felony (for a crime committed after June 30, 2014); or
(2) within two (2) years after the commission of the offense, in the
case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony (for a crime
committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
(for a crime committed after June 30, 2014) that would otherwise be
barred under this section may be commenced within one (1) year after
the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with
the offense through DNA (deoxyribonucleic acid) analysis; or
(2) could have discovered evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis by the exercise of due diligence.
However, if the offense is a sex offense against a child described in
subsection (m), a prosecution otherwise barred under this section may
be prosecuted in accordance with subsection (p).
(c) Except as provided in subsection (e), A prosecution for a Class
A felony (for a crime committed before July 1, 2014) or a Level 1
felony or Level 2 felony (for a crime committed after June 30, 2014)
the following may be commenced at any time:
(1) A Class A felony (for a crime committed before July 1,
2014).
SB 151—LS 6308/DI 149 8
(2) A Level 1 felony or a Level 2 felony (for a crime
committed after June 30, 2014).
(3) Rape (IC 35-42-4-1) as a Level 3 felony.
(4) Child molesting (IC 35-42-4-3) as a Level 3 felony.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of
murder; and
(B) the date the alleged victim of the murder dies.
(e) Except as provided in subsection (p), a prosecution for the
following offenses is barred unless commenced before the date that the
alleged victim of the offense reaches thirty-one (31) years of age:
(1) IC 35-42-4-3 (Child molesting).
(2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
(3) (2) IC 35-42-4-6 (Child solicitation).
(4) (3) IC 35-42-4-7 (Child seduction).
(5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
(6) (5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under IC 35-43-5-2,
is barred unless it is commenced within five (5) years after the maturity
of the instrument.
(g) If a complaint, indictment, or information is dismissed because
of an error, defect, insufficiency, or irregularity, a new prosecution may
be commenced within ninety (90) days after the dismissal even if the
period of limitation has expired at the time of dismissal, or will expire
within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced does
not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself or herself that process cannot be
served;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge the person with that offense is
unknown to the prosecuting authority and could not have been
discovered by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
SB 151—LS 6308/DI 149 9
(1) The date of filing of an indictment, information, or complaint
before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement
officer without a warrant, if the officer has authority to make the
arrest.
(j) A prosecution is considered timely commenced for any offense
to which the defendant enters a plea of guilty, notwithstanding that the
period of limitation has expired.
(k) The following apply to the specified offenses:
(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
funeral trust funds) is barred unless commenced within five (5)
years after the date of death of the settlor (as described in
IC 30-2-9).
(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
of funeral trust funds) is barred unless commenced within five (5)
years after the date of death of the settlor (as described in
IC 30-2-10).
(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
of funeral trust or escrow account funds) is barred unless
commenced within five (5) years after the date of death of the
purchaser (as defined in IC 30-2-13-9).
(l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
years after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with
the offense; or
(2) could have discovered evidence sufficient to charge the
offender with the offense by the exercise of due diligence.
(m) Except as provided in subsection (p), a prosecution for a sex
offense listed in IC 11-8-8-4.5 that is committed against a child and
that is not:
(1) a Class A felony (for a crime committed before July 1, 2014)
or a Level 1 felony or Level 2 felony (for a crime committed after
June 30, 2014);
(2) Rape (IC 35-42-4-1) as a Level 3 felony;
(3) Child molesting (IC 35-42-4-3) as a Level 3 felony; or
(2) (4) listed in subsection (e);
is barred unless commenced within ten (10) years after the commission
of the offense, or within four (4) years after the person ceases to be a
dependent of the person alleged to have committed the offense,
whichever occurs later.
SB 151—LS 6308/DI 149 10
(n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
crime committed before July 1, 2014) or as a Level 3 felony (for a
crime committed after June 30, 2014) that would otherwise be barred
under this section may be commenced not later than five (5) years after
the earlier of the date on which:
(1) the state first discovers evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis;
(2) the state first becomes aware of the existence of a recording
(as defined in IC 35-31.5-2-273) that provides evidence sufficient
to charge the offender with the offense; or
(3) a person confesses to the offense.
(o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
(repealed) as a Class B felony for a crime committed before July 1,
2014, that would otherwise be barred under this section may be
commenced not later than five (5) years after the earliest of the date on
which:
(1) the state first discovers evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis;
(2) the state first becomes aware of the existence of a recording
(as defined in IC 35-31.5-2-273) that provides evidence sufficient
to charge the offender with the offense; or
(3) a person confesses to the offense.
(p) A prosecution for an offense described in subsection (c), (e), or
subsection (m) that would otherwise be barred under this section may
be commenced not later than five (5) years after the earliest of the date
on which:
(1) the state first discovers evidence sufficient to charge the
offender with the offense through DNA (deoxyribonucleic acid)
analysis;
(2) the state first becomes aware of the existence of a recording
(as defined in IC 35-31.5-2-273) that provides evidence sufficient
to charge the offender with the offense; or
(3) a person confesses to the offense.
(q) If a prosecution for an offense under this section is barred
due to the expiration of a previous statute of limitation, a
prosecution for that offense may still be commenced under
subsection (b), (n), (o), or (p), if applicable.".
Delete pages 3 through 6.
Renumber all SECTIONS consecutively.
SB 151—LS 6308/DI 149 11
and when so amended that said bill do pass.
(Reference is to SB 151 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 7, Nays 0.
SB 151—LS 6308/DI 149