LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6903 NOTE PREPARED: Dec 27, 2024
BILL NUMBER: SB 233 BILL AMENDED:
SUBJECT: Statute of Limitations.
FIRST AUTHOR: Sen. Alexander BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill allows for the prosecution of: (1) child molesting to be commenced
before the date the alleged victim reaches 51 years of age; and (2) rape to be commenced within 15 years
after the commission of the offense.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Victim Reimbursement: This could increase the number of persons of
who might be eligible for victim reimbursement from the Criminal Justice Institute. However, any added
monetary assistance to these new victims will be minimal.
Criminal Prosecutions: Any increase in DOC's offender population due to this bill is expected to be minor.
Under current law, prosecution for certain sex offenses is required to be filed before the victim reaches 31
years of age unless the state first discovers evidence sufficient to charge the offender with the offense
through DNA; the state first becomes aware of the existence of a recording that provides evidence sufficient
to charge the offender with the offense; or a person confesses to the offense.
Additional Information - According to the Indiana Supreme Court, the following persons have been convicted
of child molesting or rape.
Number of Persons Convicted of Child Molesting (IC 35-42-4-3) or Rape (IC 35-42-4-1)
Felony FY 2019FY 2020FY 2021FY 2022FY 2023FY 2024
Child Molesting 44 52 44 52 46 52
Rape - Level 3 61 55 45 82 64 71
SB 233 1 The following table shows the felonies and the prison sentences that existed prior to July 1, 2014, and after
June 30, 2014, as enacted by HEA 1006-2014.
Felony Class (Before July 1, 2014)** Felony Level (After June 30, 2014)**
MinimumAdvisory*Maximum MinimumAdvisory*Maximum
A20 years30 years50 years1 20 years30 years40 years
2 10 years17.5 years30 years
B 6 years10 years20 years3 3 years 9 years 16 years
4 2 years 6 years 12 years
C2 years 4 years 8 years 5 1 year 3 years 6 years
D6 months1.5 years3 years 6 6 months1 year 30 months
*An advisory sentence is a guideline sentence that the court may voluntarily consider as the
midpoint between the maximum sentence and the minimum sentence (IC 35-50-2-1.3).
**Persons sentenced for Class B, C, or D felonies earn one day of good time credit for each day the
person is incarcerated (IC 35-50-6-3) while persons who are sentenced for Level 3, 4, and 5
felonies earn one day of good time credit for every three days incarcerated. Persons sentenced for
Level 6 felonies earn one day of good time credit for each days they are in prison (IC 35-50-6-3.1).
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.
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 all felony levels
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.
SB 233 2 State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court; Department of Correction; U.S. Department of Justice
Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 233 3