Indiana 2025 Regular Session

Indiana House Bill HB1266 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1266
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-41-4-2.
7	7	Synopsis: Statute of limitations for certain sex crimes. Allows the
8	8	prosecution of Level 1 and Level 2 felony sex offenses to be
9	9	commenced at any time. Makes conforming changes.
10	10	Effective: July 1, 2025.
11	11	Zimmerman, Prescott, Bascom
12	12	January 9, 2025, read first time and referred to Committee on Courts and Criminal Code.
13	13	2025 IN 1266—LS 6272/DI 151 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1266
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	criminal law and procedure.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
29	29	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30	30	3 JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
31	31	4 a prosecution for an offense is barred unless it is commenced:
32	32	5 (1) within five (5) years after the commission of the offense, in
33	33	6 the case of a Class B, Class C, or Class D felony (for a crime
34	34	7 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
35	35	8 Level 6 felony (for a crime committed after June 30, 2014); or
36	36	9 (2) within two (2) years after the commission of the offense, in the
37	37	10 case of a misdemeanor.
38	38	11 (b) A prosecution for a Class B or Class C felony (for a crime
39	39	12 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
40	40	13 (for a crime committed after June 30, 2014) that would otherwise be
41	41	14 barred under this section may be commenced within one (1) year after
42	42	15 the earlier of the date on which the state:
43	43	16 (1) first discovers evidence sufficient to charge the offender with
44	44	17 the offense through DNA (deoxyribonucleic acid) analysis; or
45	45	2025 IN 1266—LS 6272/DI 151 2
46	46	1 (2) could have discovered evidence sufficient to charge the
47	47	2 offender with the offense through DNA (deoxyribonucleic acid)
48	48	3 analysis by the exercise of due diligence.
49	49	4 However, if the offense is a sex offense against a child described in
50	50	5 subsection (m), a prosecution otherwise barred under this section may
51	51	6 be prosecuted in accordance with subsection (p).
52	52	7 (c) Except as provided in subsection (e), A prosecution for a Class
53	53	8 A felony (for a crime committed before July 1, 2014) or a Level 1
54	54	9 felony or Level 2 felony (for a crime committed after June 30, 2014)
55	55	10 may be commenced at any time.
56	56	11 (d) A prosecution for murder may be commenced:
57	57	12 (1) at any time; and
58	58	13 (2) regardless of the amount of time that passes between:
59	59	14 (A) the date a person allegedly commits the elements of
60	60	15 murder; and
61	61	16 (B) the date the alleged victim of the murder dies.
62	62	17 (e) Except as provided in subsection (p), a prosecution for the
63	63	18 following offenses a Class B or Class C felony (for a crime
64	64	19 committed before July 1, 2014) or a Level 3, Level 4, or Level 5
65	65	20 felony (for a crime committed after June 30, 2014) is barred for the
66	66	21 following offenses unless commenced before the date that the alleged
67	67	22 victim of the offense reaches thirty-one (31) years of age:
68	68	23 (1) IC 35-42-4-3 (Child molesting).
69	69	24 (2) IC 35-42-4-5 (Vicarious sexual gratification).
70	70	25 (3) IC 35-42-4-6 (Child solicitation).
71	71	26 (4) IC 35-42-4-7 (Child seduction).
72	72	27 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
73	73	28 (6) IC 35-46-1-3 (Incest).
74	74	29 (f) A prosecution for forgery of an instrument for payment of
75	75	30 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
76	76	31 is barred unless it is commenced within five (5) years after the maturity
77	77	32 of the instrument.
78	78	33 (g) If a complaint, indictment, or information is dismissed because
79	79	34 of an error, defect, insufficiency, or irregularity, a new prosecution may
80	80	35 be commenced within ninety (90) days after the dismissal even if the
81	81	36 period of limitation has expired at the time of dismissal, or will expire
82	82	37 within ninety (90) days after the dismissal.
83	83	38 (h) The period within which a prosecution must be commenced does
84	84	39 not include any period in which:
85	85	40 (1) the accused person is not usually and publicly resident in
86	86	41 Indiana or so conceals himself or herself that process cannot be
87	87	42 served;
88	88	2025 IN 1266—LS 6272/DI 151 3
89	89	1 (2) the accused person conceals evidence of the offense, and
90	90	2 evidence sufficient to charge the person with that offense is
91	91	3 unknown to the prosecuting authority and could not have been
92	92	4 discovered by that authority by exercise of due diligence; or
93	93	5 (3) the accused person is a person elected or appointed to office
94	94	6 under statute or constitution, if the offense charged is theft or
95	95	7 conversion of public funds or bribery while in public office.
96	96	8 (i) For purposes of tolling the period of limitation only, a
97	97	9 prosecution is considered commenced on the earliest of these dates:
98	98	10 (1) The date of filing of an indictment, information, or complaint
99	99	11 before a court having jurisdiction.
100	100	12 (2) The date of issuance of a valid arrest warrant.
101	101	13 (3) The date of arrest of the accused person by a law enforcement
102	102	14 officer without a warrant, if the officer has authority to make the
103	103	15 arrest.
104	104	16 (j) A prosecution is considered timely commenced for any offense
105	105	17 to which the defendant enters a plea of guilty, notwithstanding that the
106	106	18 period of limitation has expired.
107	107	19 (k) The following apply to the specified offenses:
108	108	20 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
109	109	21 funeral trust funds) is barred unless commenced within five (5)
110	110	22 years after the date of death of the settlor (as described in
111	111	23 IC 30-2-9).
112	112	24 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
113	113	25 of funeral trust funds) is barred unless commenced within five (5)
114	114	26 years after the date of death of the settlor (as described in
115	115	27 IC 30-2-10).
116	116	28 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
117	117	29 of funeral trust or escrow account funds) is barred unless
118	118	30 commenced within five (5) years after the date of death of the
119	119	31 purchaser (as defined in IC 30-2-13-9).
120	120	32 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
121	121	33 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
122	122	34 years after the earlier of the date on which the state:
123	123	35 (1) first discovers evidence sufficient to charge the offender with
124	124	36 the offense; or
125	125	37 (2) could have discovered evidence sufficient to charge the
126	126	38 offender with the offense by the exercise of due diligence.
127	127	39 (m) Except as provided in subsection (p), a prosecution for a sex
128	128	40 offense listed in IC 11-8-8-4.5 that is committed against a child and
129	129	41 that is not:
130	130	42 (1) a Class A felony (for a crime committed before July 1, 2014)
131	131	2025 IN 1266—LS 6272/DI 151 4
132	132	1 or a Level 1 felony or Level 2 felony (for a crime committed after
133	133	2 June 30, 2014); or
134	134	3 (2) listed in subsection (e);
135	135	4 is barred unless commenced within ten (10) years after the commission
136	136	5 of the offense, or within four (4) years after the person ceases to be a
137	137	6 dependent of the person alleged to have committed the offense,
138	138	7 whichever occurs later.
139	139	8 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
140	140	9 crime committed before July 1, 2014) or as a Level 3 felony (for a
141	141	10 crime committed after June 30, 2014) that would otherwise be barred
142	142	11 under this section may be commenced not later than five (5) years after
143	143	12 the earlier of the date on which:
144	144	13 (1) the state first discovers evidence sufficient to charge the
145	145	14 offender with the offense through DNA (deoxyribonucleic acid)
146	146	15 analysis;
147	147	16 (2) the state first becomes aware of the existence of a recording
148	148	17 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
149	149	18 to charge the offender with the offense; or
150	150	19 (3) a person confesses to the offense.
151	151	20 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
152	152	21 (repealed) as a Class B felony for a crime committed before July 1,
153	153	22 2014, that would otherwise be barred under this section may be
154	154	23 commenced not later than five (5) years after the earliest of the date on
155	155	24 which:
156	156	25 (1) the state first discovers evidence sufficient to charge the
157	157	26 offender with the offense through DNA (deoxyribonucleic acid)
158	158	27 analysis;
159	159	28 (2) the state first becomes aware of the existence of a recording
160	160	29 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
161	161	30 to charge the offender with the offense; or
162	162	31 (3) a person confesses to the offense.
163	163	32 (p) A prosecution for an offense described in subsection (e) or
164	164	33 subsection (m) that would otherwise be barred under this section may
165	165	34 be commenced not later than five (5) years after the earliest of the date
166	166	35 on which:
167	167	36 (1) the state first discovers evidence sufficient to charge the
168	168	37 offender with the offense through DNA (deoxyribonucleic acid)
169	169	38 analysis;
170	170	39 (2) the state first becomes aware of the existence of a recording
171	171	40 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
172	172	41 to charge the offender with the offense; or
173	173	42 (3) a person confesses to the offense.
174	174	2025 IN 1266—LS 6272/DI 151