LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6247 NOTE PREPARED: Apr 7, 2025
BILL NUMBER: SB 151 BILL AMENDED: Apr 3, 2025
SUBJECT: Statute of Limitations.
FIRST AUTHOR: Sen. Alexander BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Rep. Zimmerman
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill specifies that a prosecution for rape as a Level 3 felony that is barred
by the statute of limitations may still be brought within 10 years from the discovery of DNA evidence.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Department of Correction (DOC): Any increase in the DOC’s
population is expected to be minor. Under current law, prosecution is barred unless commenced within five
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.
The sentencing range for a Level 3 felony is shown below:
Felony MinimumAdvisoryMaximum
Level 33 years 9 years16 years
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.
Additional Information - According to the Indiana Supreme Court, the following persons have been convicted
rape as a Level 3 felony.
Number of Persons Convicted of Rape (IC 35-42-4-1)
Felony FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024
Rape - Level 3 40 44 35 54 48 55
SB 151 1 The average expenditure to house an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (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 $4,719 annually, or
$12.93 daily, per prisoner. These 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 $113,108, or $309.67 daily, in FY 2024. The marginal
cost for juvenile facilities was $8,778 annually or $24.05 daily.
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 a Level 3 felony
is $10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would
range between $113 and $138. 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: Abstracts of Judgment, Indiana Supreme Court; Department of Correction; U.S.
Department of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 151 2