*SB0151.2*
Reprinted
February 11, 2025
SENATE BILL No. 151
_____
DIGEST OF SB 151 (Updated February 10, 2025 2:39 pm - DI 106)
Citations Affected: IC 35-34; IC 35-41.
Synopsis: Statute of limitations. Allows the prosecution of Level 3
felony rape and Level 3 and Level 4 child molesting offenses to be
commenced at any time. Establishes a defense of laches for Level 3
felony rape and Level 3 and Level 4 felony child molesting if the state
unreasonably delayed in filing charges and certain other conditions are
met.
Effective: July 1, 2025.
Alexander, Freeman, Crider,
Schmitt, Baldwin, Bohacek
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 4, 2025, reported favorably — Do Pass.
February 10, 2025, read second time, amended, ordered engrossed.
SB 151—LS 6247/DI 149 Reprinted
February 11, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 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 35-34-1-4 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The court may,
3 upon motion of the defendant, dismiss the indictment or information
4 upon any of the following grounds:
5 (1) The indictment or information, or any count thereof, is
6 defective under section 6 of this chapter.
7 (2) Misjoinder of offenses or parties defendant, or duplicity of
8 allegation in counts.
9 (3) The grand jury proceeding was defective.
10 (4) The indictment or information does not state the offense with
11 sufficient certainty.
12 (5) The facts stated do not constitute an offense.
13 (6) The defendant has immunity with respect to the offense
14 charged.
15 (7) The prosecution is barred by reason of a previous prosecution.
16 (8) The prosecution is untimely brought.
17 (9) The defendant has been denied the right to a speedy trial.
SB 151—LS 6247/DI 149 2
1 (10) There exists some jurisdictional impediment to conviction of
2 the defendant for the offense charged.
3 (11) The prosecution is barred by laches under IC 35-41-4-2.5.
4 (12) Any other ground that is a basis for dismissal as a matter of
5 law.
6 (b) Except as otherwise provided, a motion under this section shall
7 be made no later than:
8 (1) twenty (20) days if the defendant is charged with a felony; or
9 (2) ten (10) days if the defendant is charged only with one (1) or
10 more misdemeanors;
11 prior to the omnibus date. A motion made thereafter may be summarily
12 denied if based upon a ground specified in subdivision (a)(1), (a)(2),
13 (a)(3), (a)(4), or (a)(5) of this section. A motion to dismiss based upon
14 a ground specified in subdivision (a)(6), (a)(7), (a)(8), (a)(9), (a)(10),
15 or (a)(11), or (a)(12) of this section may be made or renewed at any
16 time before or during trial. A motion to dismiss based upon lack of
17 jurisdiction over the subject matter may be made at any time.
18 (c) Upon the motion to dismiss, a defendant who is in a position
19 adequately to raise more than one (1) ground in support thereof shall
20 raise every ground upon which he intends to challenge the indictment
21 or information. A subsequent motion based upon a ground not properly
22 raised may be summarily denied. However, the court, in the interest of
23 justice and for good cause shown, may entertain and dispose of such a
24 motion on the merits.
25 (d) Upon the motion to dismiss, the court shall:
26 (1) overrule the motion to dismiss;
27 (2) grant the motion to dismiss and discharge the defendant; or
28 (3) grant the motion to dismiss and deny discharge of the
29 defendant if the court determines that the indictment or
30 information may be cured by amendment under section 5 of this
31 chapter and the prosecuting attorney has moved for leave to
32 amend.
33 If the court grants the motion under subdivision (3) and grants the
34 prosecuting attorney leave to amend, any prior order imposing
35 conditions of release pending trial shall stand unless otherwise
36 modified or removed by order of the court.
37 (e) If the court grants a motion under subsection (a)(3) and the
38 prosecuting attorney informs the court on the record that the charges
39 will be refiled within seventy-two (72) hours by information:
40 (1) the court may not discharge the defendant; and
41 (2) any prior order concerning release pending trial remains in
42 force unless it is modified or removed by the court.
SB 151—LS 6247/DI 149 3
1 (f) An order of dismissal does not, of itself, constitute a bar to a
2 subsequent prosecution of the same crime or crimes except as
3 otherwise provided by law.
4 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
7 a prosecution for an offense is barred unless it is commenced:
8 (1) within five (5) years after the commission of the offense, in
9 the case of a Class B, Class C, or Class D felony (for a crime
10 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
11 Level 6 felony (for a crime committed after June 30, 2014); or
12 (2) within two (2) years after the commission of the offense, in the
13 case of a misdemeanor.
14 (b) A prosecution for a Class B or Class C felony (for a crime
15 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
16 (for a crime committed after June 30, 2014) that would otherwise be
17 barred under this section may be commenced within one (1) year after
18 the earlier of the date on which the state:
19 (1) first discovers evidence sufficient to charge the offender with
20 the offense through DNA (deoxyribonucleic acid) analysis; or
21 (2) could have discovered evidence sufficient to charge the
22 offender with the offense through DNA (deoxyribonucleic acid)
23 analysis by the exercise of due diligence.
24 However, if the offense is a sex offense against a child described in
25 subsection (m), a prosecution otherwise barred under this section may
26 be prosecuted in accordance with subsection (p).
27 (c) Except as provided in subsection (e), A prosecution for a Class
28 A felony (for a crime committed before July 1, 2014) or a Level 1
29 felony or Level 2 felony (for a crime committed after June 30, 2014)
30 the following may be commenced at any time:
31 (1) A Class A felony (for a crime committed before July 1,
32 2014).
33 (2) A Level 1 felony or Level 2 felony (for a crime committed
34 after June 30, 2014).
35 (3) Rape (IC 35-42-4-1) as a Level 3 felony.
36 (4) Child molesting (IC 35-42-4-3) as a Level 3 felony or a
37 Level 4 felony.
38 (d) A prosecution for murder may be commenced:
39 (1) at any time; and
40 (2) regardless of the amount of time that passes between:
41 (A) the date a person allegedly commits the elements of
42 murder; and
SB 151—LS 6247/DI 149 4
1 (B) the date the alleged victim of the murder dies.
2 (e) Except as provided in subsection (p), a prosecution for the
3 following offenses is barred unless commenced before the date that the
4 alleged victim of the offense reaches thirty-one (31) years of age:
5 (1) IC 35-42-4-3 (Child molesting).
6 (2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
7 (3) (2) IC 35-42-4-6 (Child solicitation).
8 (4) (3) IC 35-42-4-7 (Child seduction).
9 (5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
10 (6) (5) IC 35-46-1-3 (Incest).
11 (f) A prosecution for forgery of an instrument for payment of
12 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
13 is barred unless it is commenced within five (5) years after the maturity
14 of the instrument.
15 (g) If a complaint, indictment, or information is dismissed because
16 of an error, defect, insufficiency, or irregularity, a new prosecution may
17 be commenced within ninety (90) days after the dismissal even if the
18 period of limitation has expired at the time of dismissal, or will expire
19 within ninety (90) days after the dismissal.
20 (h) The period within which a prosecution must be commenced does
21 not include any period in which:
22 (1) the accused person is not usually and publicly resident in
23 Indiana or so conceals himself or herself that process cannot be
24 served;
25 (2) the accused person conceals evidence of the offense, and
26 evidence sufficient to charge the person with that offense is
27 unknown to the prosecuting authority and could not have been
28 discovered by that authority by exercise of due diligence; or
29 (3) the accused person is a person elected or appointed to office
30 under statute or constitution, if the offense charged is theft or
31 conversion of public funds or bribery while in public office.
32 (i) For purposes of tolling the period of limitation only, a
33 prosecution is considered commenced on the earliest of these dates:
34 (1) The date of filing of an indictment, information, or complaint
35 before a court having jurisdiction.
36 (2) The date of issuance of a valid arrest warrant.
37 (3) The date of arrest of the accused person by a law enforcement
38 officer without a warrant, if the officer has authority to make the
39 arrest.
40 (j) A prosecution is considered timely commenced for any offense
41 to which the defendant enters a plea of guilty, notwithstanding that the
42 period of limitation has expired.
SB 151—LS 6247/DI 149 5
1 (k) The following apply to the specified offenses:
2 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
3 funeral trust funds) is barred unless commenced within five (5)
4 years after the date of death of the settlor (as described in
5 IC 30-2-9).
6 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
7 of funeral trust funds) is barred unless commenced within five (5)
8 years after the date of death of the settlor (as described in
9 IC 30-2-10).
10 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
11 of funeral trust or escrow account funds) is barred unless
12 commenced within five (5) years after the date of death of the
13 purchaser (as defined in IC 30-2-13-9).
14 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
15 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
16 years after the earlier of the date on which the state:
17 (1) first discovers evidence sufficient to charge the offender with
18 the offense; or
19 (2) could have discovered evidence sufficient to charge the
20 offender with the offense by the exercise of due diligence.
21 (m) Except as provided in subsection (p), a prosecution for a sex
22 offense listed in IC 11-8-8-4.5 that is committed against a child and
23 that is not:
24 (1) a Class A felony (for a crime committed before July 1, 2014)
25 or a Level 1 felony or Level 2 felony (for a crime committed after
26 June 30, 2014);
27 (2) rape (IC 35-42-4-1) as a Level 3 felony;
28 (3) child molesting (IC 35-42-4-3) as a Level 3 felony or a
29 Level 4 felony; or
30 (2) (4) listed in subsection (e);
31 is barred unless commenced within ten (10) years after the commission
32 of the offense, or within four (4) years after the person ceases to be a
33 dependent of the person alleged to have committed the offense,
34 whichever occurs later.
35 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
36 crime committed before July 1, 2014) or as a Level 3 felony (for a
37 crime committed after June 30, 2014) that would otherwise be barred
38 under this section may be commenced not later than five (5) years after
39 the earlier of the date on which:
40 (1) the state first discovers evidence sufficient to charge the
41 offender with the offense through DNA (deoxyribonucleic acid)
42 analysis;
SB 151—LS 6247/DI 149 6
1 (2) the state first becomes aware of the existence of a recording
2 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
3 to charge the offender with the offense; or
4 (3) a person confesses to the offense.
5 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
6 (repealed) as a Class B felony for a crime committed before July 1,
7 2014, that would otherwise be barred under this section may be
8 commenced not later than five (5) years after the earliest of the date on
9 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 (p) A prosecution for an offense described in subsection (c), (e), or
18 subsection (m) that would otherwise be barred under this section may
19 be commenced not later than five (5) years after the earliest of the date
20 on which:
21 (1) the state first discovers evidence sufficient to charge the
22 offender with the offense through DNA (deoxyribonucleic acid)
23 analysis;
24 (2) the state first becomes aware of the existence of a recording
25 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
26 to charge the offender with the offense; or
27 (3) a person confesses to the offense.
28 (q) If a prosecution for an offense under this section is barred
29 due to the expiration of a previous statute of limitation, a
30 prosecution for that offense may still be commenced under
31 subsection (b), (n), (o), or (p), if applicable.
32 SECTION 3. IC 35-41-4-2.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 2.5. (a) This section applies only to a prosecution for
35 the following offenses:
36 (1) IC 35-42-4-3 (child molesting) as a Level 3 or Level 4
37 felony.
38 (2) IC 35-42-4-1 (rape) as a Level 3 felony.
39 (b) In a criminal prosecution to which this section applies, the
40 defendant may assert a laches defense by filing a written motion to
41 dismiss under IC 35-34-1-4.
42 (c) The court shall dismiss the prosecution if the defendant can
SB 151—LS 6247/DI 149 7
1 demonstrate by a preponderance of the evidence that:
2 (1) there has been an unreasonable delay in filing charges
3 against the defendant; and
4 (2) the delay has materially prejudiced the defendant's ability
5 to present an effective defense.
6 (d) The court shall consider the following factors in determining
7 whether a delay was unreasonable:
8 (1) The length of the delay.
9 (2) The reason for the delay.
10 (3) Whether the alleged victim or another person reported the
11 offense to law enforcement.
12 (4) Whether a person having knowledge of the offense
13 complied with the duty to report under IC 31-33-5, if
14 applicable.
15 (5) Whether the defendant had knowledge of the criminal
16 investigation.
17 (6) Whether the defendant contributed to or caused the delay.
18 (e) The court shall consider the following factors in determining
19 whether the ability to present an effective defense has been
20 materially prejudiced:
21 (1) Whether key witnesses for the defense have died or
22 become unavailable.
23 (2) Whether critical evidence that would have supported the
24 defendant's case has been lost or destroyed.
25 (3) Whether the defendant has lost the ability to present an
26 alibi defense due to faded memories or lost records.
27 (4) Any other circumstances that significantly impair the
28 defendant's ability to present a defense.
29 (f) This section does not create a statute of limitations for any
30 criminal offense.
31 (g) The defense provided by this section is not available if:
32 (1) the delay was caused by the defendant's actions or if the
33 defendant actively concealed the crime; or
34 (2) the prosecution became possible due to the discovery of
35 evidence made possible due to advancements in technology or
36 scientific knowledge.
SB 151—LS 6247/DI 149 8
COMMITTEE REPORT
Mr. 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 DO PASS.
(Reference is to SB 151 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 9, Nays 0
_____
SENATE MOTION
Mr. President: I move that Senate Bill 151 be amended to read as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 35-34-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The court may,
upon motion of the defendant, dismiss the indictment or information
upon any of the following grounds:
(1) The indictment or information, or any count thereof, is
defective under section 6 of this chapter.
(2) Misjoinder of offenses or parties defendant, or duplicity of
allegation in counts.
(3) The grand jury proceeding was defective.
(4) The indictment or information does not state the offense with
sufficient certainty.
(5) The facts stated do not constitute an offense.
(6) The defendant has immunity with respect to the offense
charged.
(7) The prosecution is barred by reason of a previous prosecution.
(8) The prosecution is untimely brought.
(9) The defendant has been denied the right to a speedy trial.
(10) There exists some jurisdictional impediment to conviction of
the defendant for the offense charged.
(11) The prosecution is barred by laches under IC 35-41-4-2.5.
(12) Any other ground that is a basis for dismissal as a matter of
law.
(b) Except as otherwise provided, a motion under this section shall
SB 151—LS 6247/DI 149 9
be made no later than:
(1) twenty (20) days if the defendant is charged with a felony; or
(2) ten (10) days if the defendant is charged only with one (1) or
more misdemeanors;
prior to the omnibus date. A motion made thereafter may be summarily
denied if based upon a ground specified in subdivision (a)(1), (a)(2),
(a)(3), (a)(4), or (a)(5) of this section. A motion to dismiss based upon
a ground specified in subdivision (a)(6), (a)(7), (a)(8), (a)(9), (a)(10),
or (a)(11), or (a)(12) of this section may be made or renewed at any
time before or during trial. A motion to dismiss based upon lack of
jurisdiction over the subject matter may be made at any time.
(c) Upon the motion to dismiss, a defendant who is in a position
adequately to raise more than one (1) ground in support thereof shall
raise every ground upon which he intends to challenge the indictment
or information. A subsequent motion based upon a ground not properly
raised may be summarily denied. However, the court, in the interest of
justice and for good cause shown, may entertain and dispose of such a
motion on the merits.
(d) Upon the motion to dismiss, the court shall:
(1) overrule the motion to dismiss;
(2) grant the motion to dismiss and discharge the defendant; or
(3) grant the motion to dismiss and deny discharge of the
defendant if the court determines that the indictment or
information may be cured by amendment under section 5 of this
chapter and the prosecuting attorney has moved for leave to
amend.
If the court grants the motion under subdivision (3) and grants the
prosecuting attorney leave to amend, any prior order imposing
conditions of release pending trial shall stand unless otherwise
modified or removed by order of the court.
(e) If the court grants a motion under subsection (a)(3) and the
prosecuting attorney informs the court on the record that the charges
will be refiled within seventy-two (72) hours by information:
(1) the court may not discharge the defendant; and
(2) any prior order concerning release pending trial remains in
force unless it is modified or removed by the court.
(f) An order of dismissal does not, of itself, constitute a bar to a
subsequent prosecution of the same crime or crimes except as
otherwise provided by law.".
Page 2, line 16, delete "felony." and insert "felony or a Level 4
felony.".
Page 4, line 7, delete "felony;" and insert "felony or a Level 4
SB 151—LS 6247/DI 149 10
felony;".
Page 5, after line 9, begin a new paragraph and insert:
"SECTION 3. IC 35-41-4-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) This section applies only
to a prosecution for the following offenses:
(1) IC 35-42-4-3 (child molesting) as a Level 3 or Level 4
felony.
(2) IC 35-42-4-1 (rape) as a Level 3 felony.
(b) In a criminal prosecution to which this section applies, the
defendant may assert a laches defense by filing a written motion to
dismiss under IC 35-34-1-4.
(c) The court shall dismiss the prosecution if the defendant can
demonstrate by a preponderance of the evidence that:
(1) there has been an unreasonable delay in filing charges
against the defendant; and
(2) the delay has materially prejudiced the defendant's ability
to present an effective defense.
(d) The court shall consider the following factors in determining
whether a delay was unreasonable:
(1) The length of the delay.
(2) The reason for the delay.
(3) Whether the alleged victim or another person reported the
offense to law enforcement.
(4) Whether a person having knowledge of the offense
complied with the duty to report under IC 31-33-5, if
applicable.
(5) Whether the defendant had knowledge of the criminal
investigation.
(6) Whether the defendant contributed to or caused the delay.
(e) The court shall consider the following factors in determining
whether the ability to present an effective defense has been
materially prejudiced:
(1) Whether key witnesses for the defense have died or
become unavailable.
(2) Whether critical evidence that would have supported the
defendant's case has been lost or destroyed.
(3) Whether the defendant has lost the ability to present an
alibi defense due to faded memories or lost records.
(4) Any other circumstances that significantly impair the
defendant's ability to present a defense.
(f) This section does not create a statute of limitations for any
SB 151—LS 6247/DI 149 11
criminal offense.
(g) The defense provided by this section is not available if:
(1) the delay was caused by the defendant's actions or if the
defendant actively concealed the crime; or
(2) the prosecution became possible due to the discovery of
evidence made possible due to advancements in technology or
scientific knowledge.".
Renumber all SECTIONS consecutively.
(Reference is to SB 151 as printed February 5, 2025.)
FREEMAN
SB 151—LS 6247/DI 149