Indiana 2025 Regular Session

Indiana Senate Bill SB0151 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0151.1
	2	+	April 3, 2025
	3	+	ENGROSSED
	4	+	SENATE BILL No. 151
	5	+	_____
	6	+	DIGEST OF SB 151 (Updated April 2, 2025 1:46 pm - DI 106)
	7	+	Citations Affected: IC 35-41.
	8	+	Synopsis: Statute of limitations. Specifies that a prosecution for rape
	9	+	as a Level 3 felony that is barred by the statute of limitations may still
	10	+	be brought within 10 years from the discovery of DNA evidence.
	11	+	Effective: July 1, 2025.
	12	+	Alexander, Freeman, Crider,
	13	+	Schmitt, Baldwin, Bohacek
	14	+	(HOUSE SPONSORS — ZIMMERMA N, PRESCOTT, KING, HAMILTON)
	15	+	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
	16	+	Law.
	17	+	February 4, 2025, reported favorably — Do Pass.
	18	+	February 10, 2025, read second time, amended, ordered engrossed.
	19	+	February 11, 2025, engrossed. Read third time, passed. Yeas 48, nays 1.
	20	+	HOUSE ACTION
	21	+	March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
	22	+	April 3, 2025, amended, reported — Do Pass.
	23	+	ES 151—LS 6247/DI 149 April 3, 2025
1	24		First Regular Session of the 124th General Assembly (2025)
2	25		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	26		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	27		additions will appear in this style type, and deletions will appear in this style type.
5	28		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	29		provision adopted), the text of the new provision will appear in this style type. Also, the
7	30		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	31		a new provision to the Indiana Code or the Indiana Constitution.
9	32		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	33		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 151
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	34	+	ENGROSSED
	35	+	SENATE BILL No. 151
	36	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	37	+	criminal law and procedure.
14	38		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
18		-	a prosecution for an offense is barred unless it is commenced:
19		-	(1) within five (5) years after the commission of the offense, in
20		-	the case of a Class B, Class C, or Class D felony (for a crime
21		-	committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
22		-	Level 6 felony (for a crime committed after June 30, 2014); or
23		-	(2) within two (2) years after the commission of the offense, in the
24		-	case of a misdemeanor.
25		-	(b) A prosecution for a Class B or Class C felony (for a crime
26		-	committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
27		-	(for a crime committed after June 30, 2014) that would otherwise be
28		-	barred under this section may be commenced within one (1) year after
29		-	the earlier of the date on which the state:
30		-	(1) first discovers evidence sufficient to charge the offender with
31		-	the offense through DNA (deoxyribonucleic acid) analysis; or
32		-	(2) could have discovered evidence sufficient to charge the
33		-	offender with the offense through DNA (deoxyribonucleic acid)
34		-	analysis by the exercise of due diligence.
35		-	However, if the offense is a sex offense against a child described in
36		-	SEA 151 — Concur 2
37		-	subsection (m), a prosecution otherwise barred under this section may
38		-	be prosecuted in accordance with subsection (p).
39		-	(c) Except as provided in subsection (e), a prosecution for a Class
40		-	A felony (for a crime committed before July 1, 2014) or a Level 1
41		-	felony or Level 2 felony (for a crime committed after June 30, 2014)
42		-	may be commenced at any time.
43		-	(d) A prosecution for murder may be commenced:
44		-	(1) at any time; and
45		-	(2) regardless of the amount of time that passes between:
46		-	(A) the date a person allegedly commits the elements of
47		-	murder; and
48		-	(B) the date the alleged victim of the murder dies.
49		-	(e) Except as provided in subsection (p), a prosecution for the
	39	+	1 SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
	40	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	41	+	3 JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
	42	+	4 a prosecution for an offense is barred unless it is commenced:
	43	+	5 (1) within five (5) years after the commission of the offense, in
	44	+	6 the case of a Class B, Class C, or Class D felony (for a crime
	45	+	7 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
	46	+	8 Level 6 felony (for a crime committed after June 30, 2014); or
	47	+	9 (2) within two (2) years after the commission of the offense, in the
	48	+	10 case of a misdemeanor.
	49	+	11 (b) A prosecution for a Class B or Class C felony (for a crime
	50	+	12 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
	51	+	13 (for a crime committed after June 30, 2014) that would otherwise be
	52	+	14 barred under this section may be commenced within one (1) year after
	53	+	15 the earlier of the date on which the state:
	54	+	16 (1) first discovers evidence sufficient to charge the offender with
	55	+	17 the offense through DNA (deoxyribonucleic acid) analysis; or
	56	+	ES 151—LS 6247/DI 149 2
	57	+	1 (2) could have discovered evidence sufficient to charge the
	58	+	2 offender with the offense through DNA (deoxyribonucleic acid)
	59	+	3 analysis by the exercise of due diligence.
	60	+	4 However, if the offense is a sex offense against a child described in
	61	+	5 subsection (m), a prosecution otherwise barred under this section may
	62	+	6 be prosecuted in accordance with subsection (p).
	63	+	7 (c) Except as provided in subsection (e), a prosecution for a Class
	64	+	8 A felony (for a crime committed before July 1, 2014) or a Level 1
	65	+	9 felony or Level 2 felony (for a crime committed after June 30, 2014)
	66	+	10 may be commenced at any time.
	67	+	11 (d) A prosecution for murder may be commenced:
	68	+	12 (1) at any time; and
	69	+	13 (2) regardless of the amount of time that passes between:
	70	+	14 (A) the date a person allegedly commits the elements of
	71	+	15 murder; and
	72	+	16 (B) the date the alleged victim of the murder dies.
	73	+	17 (e) Except as provided in subsection (p), a prosecution for the
	74	+	18 following offenses is barred unless commenced before the date that the
	75	+	19 alleged victim of the offense reaches thirty-one (31) years of age:
	76	+	20 (1) IC 35-42-4-3 (Child molesting).
	77	+	21 (2) IC 35-42-4-5 (Vicarious sexual gratification).
	78	+	22 (3) IC 35-42-4-6 (Child solicitation).
	79	+	23 (4) IC 35-42-4-7 (Child seduction).
	80	+	24 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
	81	+	25 (6) IC 35-46-1-3 (Incest).
	82	+	26 (f) A prosecution for forgery of an instrument for payment of
	83	+	27 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
	84	+	28 is barred unless it is commenced within five (5) years after the maturity
	85	+	29 of the instrument.
	86	+	30 (g) If a complaint, indictment, or information is dismissed because
	87	+	31 of an error, defect, insufficiency, or irregularity, a new prosecution may
	88	+	32 be commenced within ninety (90) days after the dismissal even if the
	89	+	33 period of limitation has expired at the time of dismissal, or will expire
	90	+	34 within ninety (90) days after the dismissal.
	91	+	35 (h) The period within which a prosecution must be commenced does
	92	+	36 not include any period in which:
	93	+	37 (1) the accused person is not usually and publicly resident in
	94	+	38 Indiana or so conceals himself or herself that process cannot be
	95	+	39 served;
	96	+	40 (2) the accused person conceals evidence of the offense, and
	97	+	41 evidence sufficient to charge the person with that offense is
	98	+	42 unknown to the prosecuting authority and could not have been
	99	+	ES 151—LS 6247/DI 149 3
	100	+	1 discovered by that authority by exercise of due diligence; or
	101	+	2 (3) the accused person is a person elected or appointed to office
	102	+	3 under statute or constitution, if the offense charged is theft or
	103	+	4 conversion of public funds or bribery while in public office.
	104	+	5 (i) For purposes of tolling the period of limitation only, a
	105	+	6 prosecution is considered commenced on the earliest of these dates:
	106	+	7 (1) The date of filing of an indictment, information, or complaint
	107	+	8 before a court having jurisdiction.
	108	+	9 (2) The date of issuance of a valid arrest warrant.
	109	+	10 (3) The date of arrest of the accused person by a law enforcement
	110	+	11 officer without a warrant, if the officer has authority to make the
	111	+	12 arrest.
	112	+	13 (j) A prosecution is considered timely commenced for any offense
	113	+	14 to which the defendant enters a plea of guilty, notwithstanding that the
	114	+	15 period of limitation has expired.
	115	+	16 (k) The following apply to the specified offenses:
	116	+	17 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
	117	+	18 funeral trust funds) is barred unless commenced within five (5)
	118	+	19 years after the date of death of the settlor (as described in
	119	+	20 IC 30-2-9).
	120	+	21 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
	121	+	22 of funeral trust funds) is barred unless commenced within five (5)
	122	+	23 years after the date of death of the settlor (as described in
	123	+	24 IC 30-2-10).
	124	+	25 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
	125	+	26 of funeral trust or escrow account funds) is barred unless
	126	+	27 commenced within five (5) years after the date of death of the
	127	+	28 purchaser (as defined in IC 30-2-13-9).
	128	+	29 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
	129	+	30 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
	130	+	31 years after the earlier of the date on which the state:
	131	+	32 (1) first discovers evidence sufficient to charge the offender with
	132	+	33 the offense; or
	133	+	34 (2) could have discovered evidence sufficient to charge the
	134	+	35 offender with the offense by the exercise of due diligence.
	135	+	36 (m) Except as provided in subsection (p), a prosecution for a sex
	136	+	37 offense listed in IC 11-8-8-4.5 that is committed against a child and
	137	+	38 that is not:
	138	+	39 (1) a Class A felony (for a crime committed before July 1, 2014)
	139	+	40 or a Level 1 felony or Level 2 felony (for a crime committed after
	140	+	41 June 30, 2014); or
	141	+	42 (2) listed in subsection (e);
	142	+	ES 151—LS 6247/DI 149 4
	143	+	1 is barred unless commenced within ten (10) years after the commission
	144	+	2 of the offense, or within four (4) years after the person ceases to be a
	145	+	3 dependent of the person alleged to have committed the offense,
	146	+	4 whichever occurs later.
	147	+	5 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
	148	+	6 crime committed before July 1, 2014) or as a Level 3 felony (for a
	149	+	7 crime committed after June 30, 2014) that would otherwise be barred
	150	+	8 under this section may be commenced not later than five (5) ten (10)
	151	+	9 years after the earlier of the date on which:
	152	+	10 (1) the state first discovers evidence sufficient to charge the
	153	+	11 offender with the offense through DNA (deoxyribonucleic acid)
	154	+	12 analysis;
	155	+	13 (2) the state first becomes aware of the existence of a recording
	156	+	14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	157	+	15 to charge the offender with the offense; or
	158	+	16 (3) a person confesses to the offense.
	159	+	17 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
	160	+	18 (repealed) as a Class B felony for a crime committed before July 1,
	161	+	19 2014, that would otherwise be barred under this section may be
	162	+	20 commenced not later than five (5) years after the earliest of the date on
	163	+	21 which:
	164	+	22 (1) the state first discovers evidence sufficient to charge the
	165	+	23 offender with the offense through DNA (deoxyribonucleic acid)
	166	+	24 analysis;
	167	+	25 (2) the state first becomes aware of the existence of a recording
	168	+	26 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	169	+	27 to charge the offender with the offense; or
	170	+	28 (3) a person confesses to the offense.
	171	+	29 (p) A prosecution for an offense described in subsection (e) or
	172	+	30 subsection (m) that would otherwise be barred under this section may
	173	+	31 be commenced not later than five (5) years after the earliest of the date
	174	+	32 on which:
	175	+	33 (1) the state first discovers evidence sufficient to charge the
	176	+	34 offender with the offense through DNA (deoxyribonucleic acid)
	177	+	35 analysis;
	178	+	36 (2) the state first becomes aware of the existence of a recording
	179	+	37 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
	180	+	38 to charge the offender with the offense; or
	181	+	39 (3) a person confesses to the offense.
	182	+	ES 151—LS 6247/DI 149 5
	183	+	COMMITTEE REPORT
	184	+	Mr. President: The Senate Committee on Corrections and Criminal
	185	+	Law, to which was referred Senate Bill No. 151, has had the same
	186	+	under consideration and begs leave to report the same back to the
	187	+	Senate with the recommendation that said bill DO PASS.
	188	+	(Reference is to SB 151 as introduced.)
	189	+
	190	+	FREEMAN, Chairperson
	191	+	Committee Vote: Yeas 9, Nays 0
	192	+	_____
	193	+	SENATE MOTION
	194	+	Mr. President: I move that Senate Bill 151 be amended to read as
	195	+	follows:
	196	+	Page 1, between the enacting clause and line 1, begin a new
	197	+	paragraph and insert:
	198	+	"SECTION 1. IC 35-34-1-4 IS AMENDED TO READ AS
	199	+	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The court may,
	200	+	upon motion of the defendant, dismiss the indictment or information
	201	+	upon any of the following grounds:
	202	+	(1) The indictment or information, or any count thereof, is
	203	+	defective under section 6 of this chapter.
	204	+	(2) Misjoinder of offenses or parties defendant, or duplicity of
	205	+	allegation in counts.
	206	+	(3) The grand jury proceeding was defective.
	207	+	(4) The indictment or information does not state the offense with
	208	+	sufficient certainty.
	209	+	(5) The facts stated do not constitute an offense.
	210	+	(6) The defendant has immunity with respect to the offense
	211	+	charged.
	212	+	(7) The prosecution is barred by reason of a previous prosecution.
	213	+	(8) The prosecution is untimely brought.
	214	+	(9) The defendant has been denied the right to a speedy trial.
	215	+	(10) There exists some jurisdictional impediment to conviction of
	216	+	the defendant for the offense charged.
	217	+	(11) The prosecution is barred by laches under IC 35-41-4-2.5.
	218	+	(12) Any other ground that is a basis for dismissal as a matter of
	219	+	law.
	220	+	(b) Except as otherwise provided, a motion under this section shall
	221	+	ES 151—LS 6247/DI 149 6
	222	+	be made no later than:
	223	+	(1) twenty (20) days if the defendant is charged with a felony; or
	224	+	(2) ten (10) days if the defendant is charged only with one (1) or
	225	+	more misdemeanors;
	226	+	prior to the omnibus date. A motion made thereafter may be summarily
	227	+	denied if based upon a ground specified in subdivision (a)(1), (a)(2),
	228	+	(a)(3), (a)(4), or (a)(5) of this section. A motion to dismiss based upon
	229	+	a ground specified in subdivision (a)(6), (a)(7), (a)(8), (a)(9), (a)(10),
	230	+	or (a)(11), or (a)(12) of this section may be made or renewed at any
	231	+	time before or during trial. A motion to dismiss based upon lack of
	232	+	jurisdiction over the subject matter may be made at any time.
	233	+	(c) Upon the motion to dismiss, a defendant who is in a position
	234	+	adequately to raise more than one (1) ground in support thereof shall
	235	+	raise every ground upon which he intends to challenge the indictment
	236	+	or information. A subsequent motion based upon a ground not properly
	237	+	raised may be summarily denied. However, the court, in the interest of
	238	+	justice and for good cause shown, may entertain and dispose of such a
	239	+	motion on the merits.
	240	+	(d) Upon the motion to dismiss, the court shall:
	241	+	(1) overrule the motion to dismiss;
	242	+	(2) grant the motion to dismiss and discharge the defendant; or
	243	+	(3) grant the motion to dismiss and deny discharge of the
	244	+	defendant if the court determines that the indictment or
	245	+	information may be cured by amendment under section 5 of this
	246	+	chapter and the prosecuting attorney has moved for leave to
	247	+	amend.
	248	+	If the court grants the motion under subdivision (3) and grants the
	249	+	prosecuting attorney leave to amend, any prior order imposing
	250	+	conditions of release pending trial shall stand unless otherwise
	251	+	modified or removed by order of the court.
	252	+	(e) If the court grants a motion under subsection (a)(3) and the
	253	+	prosecuting attorney informs the court on the record that the charges
	254	+	will be refiled within seventy-two (72) hours by information:
	255	+	(1) the court may not discharge the defendant; and
	256	+	(2) any prior order concerning release pending trial remains in
	257	+	force unless it is modified or removed by the court.
	258	+	(f) An order of dismissal does not, of itself, constitute a bar to a
	259	+	subsequent prosecution of the same crime or crimes except as
	260	+	otherwise provided by law.".
	261	+	Page 2, line 16, delete "felony." and insert "felony or a Level 4
	262	+	felony.".
	263	+	Page 4, line 7, delete "felony;" and insert "felony or a Level 4
	264	+	ES 151—LS 6247/DI 149 7
	265	+	felony;".
	266	+	Page 5, after line 9, begin a new paragraph and insert:
	267	+	"SECTION 3. IC 35-41-4-2.5 IS ADDED TO THE INDIANA
	268	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	269	+	[EFFECTIVE JULY 1, 2025]: Sec. 2.5. (a) This section applies only
	270	+	to a prosecution for the following offenses:
	271	+	(1) IC 35-42-4-3 (child molesting) as a Level 3 or Level 4
	272	+	felony.
	273	+	(2) IC 35-42-4-1 (rape) as a Level 3 felony.
	274	+	(b) In a criminal prosecution to which this section applies, the
	275	+	defendant may assert a laches defense by filing a written motion to
	276	+	dismiss under IC 35-34-1-4.
	277	+	(c) The court shall dismiss the prosecution if the defendant can
	278	+	demonstrate by a preponderance of the evidence that:
	279	+	(1) there has been an unreasonable delay in filing charges
	280	+	against the defendant; and
	281	+	(2) the delay has materially prejudiced the defendant's ability
	282	+	to present an effective defense.
	283	+	(d) The court shall consider the following factors in determining
	284	+	whether a delay was unreasonable:
	285	+	(1) The length of the delay.
	286	+	(2) The reason for the delay.
	287	+	(3) Whether the alleged victim or another person reported the
	288	+	offense to law enforcement.
	289	+	(4) Whether a person having knowledge of the offense
	290	+	complied with the duty to report under IC 31-33-5, if
	291	+	applicable.
	292	+	(5) Whether the defendant had knowledge of the criminal
	293	+	investigation.
	294	+	(6) Whether the defendant contributed to or caused the delay.
	295	+	(e) The court shall consider the following factors in determining
	296	+	whether the ability to present an effective defense has been
	297	+	materially prejudiced:
	298	+	(1) Whether key witnesses for the defense have died or
	299	+	become unavailable.
	300	+	(2) Whether critical evidence that would have supported the
	301	+	defendant's case has been lost or destroyed.
	302	+	(3) Whether the defendant has lost the ability to present an
	303	+	alibi defense due to faded memories or lost records.
	304	+	(4) Any other circumstances that significantly impair the
	305	+	defendant's ability to present a defense.
	306	+	(f) This section does not create a statute of limitations for any
	307	+	ES 151—LS 6247/DI 149 8
	308	+	criminal offense.
	309	+	(g) The defense provided by this section is not available if:
	310	+	(1) the delay was caused by the defendant's actions or if the
	311	+	defendant actively concealed the crime; or
	312	+	(2) the prosecution became possible due to the discovery of
	313	+	evidence made possible due to advancements in technology or
	314	+	scientific knowledge.".
	315	+	Renumber all SECTIONS consecutively.
	316	+	(Reference is to SB 151 as printed February 5, 2025.)
	317	+	FREEMAN
	318	+	_____
	319	+	COMMITTEE REPORT
	320	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	321	+	which was referred Senate Bill 151, has had the same under
	322	+	consideration and begs leave to report the same back to the House with
	323	+	the recommendation that said bill be amended as follows:
	324	+	Page 1, delete lines 1 through 17.
	325	+	Delete page 2.
	326	+	Page 3, delete lines 1 through 3.
	327	+	Page 3, line 27, reset in roman "Except as provided in subsection
	328	+	(e),".
	329	+	Page 3, line 27, after "(e)," delete "A" and insert "a".
	330	+	Page 3, line 27, reset in roman "a Class".
	331	+	Page 3, reset in roman lines 28 through 29.
	332	+	Page 3, line 30, delete "the following".
	333	+	Page 3, line 30, delete "time:" and insert "time.".
	334	+	Page 3, delete lines 31 through 37.
	335	+	Page 4, delete lines 2 through 10, begin a new paragraph and insert:
	336	+	"(e) Except as provided in subsection (p), a prosecution for the
50	337		following offenses is barred unless commenced before the date that the
51	338		alleged victim of the offense reaches thirty-one (31) years of age:
52	339		(1) IC 35-42-4-3 (Child molesting).
53	340		(2) IC 35-42-4-5 (Vicarious sexual gratification).
54	341		(3) IC 35-42-4-6 (Child solicitation).
55	342		(4) IC 35-42-4-7 (Child seduction).
56	343		(5) IC 35-42-4-9 (Sexual misconduct with a minor).
57		-	(6) IC 35-46-1-3 (Incest).
58		-	(f) A prosecution for forgery of an instrument for payment of
59		-	money, or for the uttering of a forged instrument, under IC 35-43-5-2,
60		-	is barred unless it is commenced within five (5) years after the maturity
61		-	of the instrument.
62		-	(g) If a complaint, indictment, or information is dismissed because
63		-	of an error, defect, insufficiency, or irregularity, a new prosecution may
64		-	be commenced within ninety (90) days after the dismissal even if the
65		-	period of limitation has expired at the time of dismissal, or will expire
66		-	within ninety (90) days after the dismissal.
67		-	(h) The period within which a prosecution must be commenced does
68		-	not include any period in which:
69		-	(1) the accused person is not usually and publicly resident in
70		-	Indiana or so conceals himself or herself that process cannot be
71		-	served;
72		-	(2) the accused person conceals evidence of the offense, and
73		-	evidence sufficient to charge the person with that offense is
74		-	unknown to the prosecuting authority and could not have been
75		-	discovered by that authority by exercise of due diligence; or
76		-	(3) the accused person is a person elected or appointed to office
77		-	under statute or constitution, if the offense charged is theft or
78		-	conversion of public funds or bribery while in public office.
79		-	SEA 151 — Concur 3
80		-	(i) For purposes of tolling the period of limitation only, a
81		-	prosecution is considered commenced on the earliest of these dates:
82		-	(1) The date of filing of an indictment, information, or complaint
83		-	before a court having jurisdiction.
84		-	(2) The date of issuance of a valid arrest warrant.
85		-	(3) The date of arrest of the accused person by a law enforcement
86		-	officer without a warrant, if the officer has authority to make the
87		-	arrest.
88		-	(j) A prosecution is considered timely commenced for any offense
89		-	to which the defendant enters a plea of guilty, notwithstanding that the
90		-	period of limitation has expired.
91		-	(k) The following apply to the specified offenses:
92		-	(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
93		-	funeral trust funds) is barred unless commenced within five (5)
94		-	years after the date of death of the settlor (as described in
95		-	IC 30-2-9).
96		-	(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
97		-	of funeral trust funds) is barred unless commenced within five (5)
98		-	years after the date of death of the settlor (as described in
99		-	IC 30-2-10).
100		-	(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
101		-	of funeral trust or escrow account funds) is barred unless
102		-	commenced within five (5) years after the date of death of the
103		-	purchaser (as defined in IC 30-2-13-9).
104		-	(l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
105		-	IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
106		-	years after the earlier of the date on which the state:
107		-	(1) first discovers evidence sufficient to charge the offender with
108		-	the offense; or
109		-	(2) could have discovered evidence sufficient to charge the
110		-	offender with the offense by the exercise of due diligence.
111		-	(m) Except as provided in subsection (p), a prosecution for a sex
112		-	offense listed in IC 11-8-8-4.5 that is committed against a child and
113		-	that is not:
114		-	(1) a Class A felony (for a crime committed before July 1, 2014)
115		-	or a Level 1 felony or Level 2 felony (for a crime committed after
116		-	June 30, 2014); or
117		-	(2) listed in subsection (e);
118		-	is barred unless commenced within ten (10) years after the commission
119		-	of the offense, or within four (4) years after the person ceases to be a
120		-	dependent of the person alleged to have committed the offense,
121		-	whichever occurs later.
122		-	SEA 151 — Concur 4
123		-	(n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
124		-	crime committed before July 1, 2014) or as a Level 3 felony (for a
125		-	crime committed after June 30, 2014) that would otherwise be barred
126		-	under this section may be commenced not later than five (5) ten (10)
127		-	years after the earlier of the date on which:
128		-	(1) the state first discovers evidence sufficient to charge the
129		-	offender with the offense through DNA (deoxyribonucleic acid)
130		-	analysis;
131		-	(2) the state first becomes aware of the existence of a recording
132		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
133		-	to charge the offender with the offense; or
134		-	(3) a person confesses to the offense.
135		-	(o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
136		-	(repealed) as a Class B felony for a crime committed before July 1,
137		-	2014, that would otherwise be barred under this section may be
138		-	commenced not later than five (5) years after the earliest of the date on
139		-	which:
140		-	(1) the state first discovers evidence sufficient to charge the
141		-	offender with the offense through DNA (deoxyribonucleic acid)
142		-	analysis;
143		-	(2) the state first becomes aware of the existence of a recording
144		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
145		-	to charge the offender with the offense; or
146		-	(3) a person confesses to the offense.
147		-	(p) A prosecution for an offense described in subsection (e) or
148		-	subsection (m) that would otherwise be barred under this section may
149		-	be commenced not later than five (5) years after the earliest of the date
150		-	on which:
151		-	(1) the state first discovers evidence sufficient to charge the
152		-	offender with the offense through DNA (deoxyribonucleic acid)
153		-	analysis;
154		-	(2) the state first becomes aware of the existence of a recording
155		-	(as defined in IC 35-31.5-2-273) that provides evidence sufficient
156		-	to charge the offender with the offense; or
157		-	(3) a person confesses to the offense.
158		-	SEA 151 — Concur President of the Senate
159		-	President Pro Tempore
160		-	Speaker of the House of Representatives
161		-	Governor of the State of Indiana
162		-	Date: Time:
163		-	SEA 151 — Concur
	344	+	(6) IC 35-46-1-3 (Incest).".
	345	+	Page 5, delete lines 27 through 28.
	346	+	ES 151—LS 6247/DI 149 9
	347	+	Page 5, line 29, delete "Level 4 felony;".
	348	+	Page 5, line 30, reset in roman "(2)".
	349	+	Page 5, line 30, delete "(4)".
	350	+	Page 5, line 38, strike "five (5)" and insert "ten (10)".
	351	+	Page 6, line 17, delete "(c), (e)," and insert "(e)".
	352	+	Page 6, line 18, reset in roman "subsection".
	353	+	Page 6, delete lines 28 through 42.
	354	+	Delete page 7.
	355	+	Renumber all SECTIONS consecutively.
	356	+	and when so amended that said bill do pass.
	357	+	(Reference is to SB 151 as reprinted February 11, 2025.)
	358	+	MCNAMARA
	359	+	Committee Vote: yeas 13, nays 0.
	360	+	ES 151—LS 6247/DI 149