Indiana 2025 Regular Session

Indiana Senate Bill SB0233 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 233
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2-6.1-16; IC 35-41-4-2.
7	7	Synopsis: Statute of limitations. Allows for the prosecution of: (1)
8	8	child molesting to be commenced before the date the alleged victim
9	9	reaches 51 years of age; and (2) rape to be commenced within 15 years
10	10	after the commission of the offense.
11	11	Effective: July 1, 2025.
12	12	Alexander
13	13	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
14	14	Law.
15	15	2025 IN 233—LS 6903/DI 149 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	SENATE BILL No. 233
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 5-2-6.1-16, AS AMENDED BY THE TECHNICAL
31	31	2 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
32	32	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
33	33	4 Sec. 16. (a) A person eligible for assistance under section 12 of this
34	34	5 chapter may file an application for assistance with the division.
35	35	6 (b) Except as provided in subsections (e) and (f), the application
36	36	7 must be received by the division not more than one hundred eighty
37	37	8 (180) days after the date the crime was committed. The division may
38	38	9 grant an extension of time for good cause shown by the claimant.
39	39	10 However, and except as provided in subsections (e) and (f), the
40	40	11 division may not accept an application that is received more than two
41	41	12 (2) years after the date the crime was committed.
42	42	13 (c) The application must be filed in the office of the division in
43	43	14 person, through the division's Internet web site, website, or by first
44	44	15 class or certified mail. If requested, the division shall assist a victim in
45	45	16 preparing the application.
46	46	17 (d) The division shall accept all applications filed in compliance
47	47	2025 IN 233—LS 6903/DI 149 2
48	48	1 with this chapter. Upon receipt of a complete application, the division
49	49	2 shall promptly begin the investigation and processing of an application.
50	50	3 (e) An alleged victim of a child sex crime may submit an application
51	51	4 to the division until the victim becomes thirty-one (31) years of age or
52	52	5 in accordance with subsection (f).
53	53	6 (f) An alleged victim of a child sex crime described in
54	54	7 IC 35-41-4-2(e) or IC 35-42-4-3 which meets the requirements of
55	55	8 IC 35-41-4-2(p) may submit an application to the division not later than
56	56	9 five (5) years after the earliest of the date on which:
57	57	10 (1) the state first discovers evidence sufficient to charge the
58	58	11 offender with the offense through DNA (deoxyribonucleic acid)
59	59	12 analysis;
60	60	13 (2) the state first becomes aware of the existence of a recording
61	61	14 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
62	62	15 to charge the offender with the offense; or
63	63	16 (3) a person confesses to the offense.
64	64	17 (g) An alleged victim of a battery offense included in IC 35-42-2
65	65	18 upon a child less than fourteen (14) years of age may submit an
66	66	19 application to the division not later than five (5) years after the
67	67	20 commission of the offense.
68	68	21 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
69	69	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	23 JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
71	71	24 a prosecution for an offense is barred unless it is commenced:
72	72	25 (1) within five (5) years after the commission of the offense, in
73	73	26 the case of a Class B, Class C, or Class D felony (for a crime
74	74	27 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
75	75	28 Level 6 felony (for a crime committed after June 30, 2014); or
76	76	29 (2) within two (2) years after the commission of the offense, in the
77	77	30 case of a misdemeanor.
78	78	31 (b) A prosecution for a Class B or Class C felony (for a crime
79	79	32 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
80	80	33 (for a crime committed after June 30, 2014) that would otherwise be
81	81	34 barred under this section may be commenced within one (1) year after
82	82	35 the earlier of the date on which the state:
83	83	36 (1) first discovers evidence sufficient to charge the offender with
84	84	37 the offense through DNA (deoxyribonucleic acid) analysis; or
85	85	38 (2) could have discovered evidence sufficient to charge the
86	86	39 offender with the offense through DNA (deoxyribonucleic acid)
87	87	40 analysis by the exercise of due diligence.
88	88	41 However, if the offense is a sex offense against a child described in
89	89	42 subsection (m), a prosecution otherwise barred under this section may
90	90	2025 IN 233—LS 6903/DI 149 3
91	91	1 be prosecuted in accordance with subsection (p).
92	92	2 (c) Except as provided in subsection (e), a prosecution for a Class
93	93	3 A felony (for a crime committed before July 1, 2014) or a Level 1
94	94	4 felony or Level 2 felony (for a crime committed after June 30, 2014)
95	95	5 may be commenced at any time.
96	96	6 (d) A prosecution for murder may be commenced:
97	97	7 (1) at any time; and
98	98	8 (2) regardless of the amount of time that passes between:
99	99	9 (A) the date a person allegedly commits the elements of
100	100	10 murder; and
101	101	11 (B) the date the alleged victim of the murder dies.
102	102	12 (e) Except as provided in subsection (p), a prosecution for the
103	103	13 following offenses is barred unless commenced before the date that the
104	104	14 alleged victim of the offense reaches thirty-one (31) years of age:
105	105	15 (1) IC 35-42-4-3 (Child molesting).
106	106	16 (2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
107	107	17 (3) (2) IC 35-42-4-6 (Child solicitation).
108	108	18 (4) (3) IC 35-42-4-7 (Child seduction).
109	109	19 (5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
110	110	20 (6) (5) IC 35-46-1-3 (Incest).
111	111	21 (f) A prosecution for forgery of an instrument for payment of
112	112	22 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
113	113	23 is barred unless it is commenced within five (5) years after the maturity
114	114	24 of the instrument.
115	115	25 (g) If a complaint, indictment, or information is dismissed because
116	116	26 of an error, defect, insufficiency, or irregularity, a new prosecution may
117	117	27 be commenced within ninety (90) days after the dismissal even if the
118	118	28 period of limitation has expired at the time of dismissal, or will expire
119	119	29 within ninety (90) days after the dismissal.
120	120	30 (h) The period within which a prosecution must be commenced does
121	121	31 not include any period in which:
122	122	32 (1) the accused person is not usually and publicly resident in
123	123	33 Indiana or so conceals himself or herself that process cannot be
124	124	34 served;
125	125	35 (2) the accused person conceals evidence of the offense, and
126	126	36 evidence sufficient to charge the person with that offense is
127	127	37 unknown to the prosecuting authority and could not have been
128	128	38 discovered by that authority by exercise of due diligence; or
129	129	39 (3) the accused person is a person elected or appointed to office
130	130	40 under statute or constitution, if the offense charged is theft or
131	131	41 conversion of public funds or bribery while in public office.
132	132	42 (i) For purposes of tolling the period of limitation only, a
133	133	2025 IN 233—LS 6903/DI 149 4
134	134	1 prosecution is considered commenced on the earliest of these dates:
135	135	2 (1) The date of filing of an indictment, information, or complaint
136	136	3 before a court having jurisdiction.
137	137	4 (2) The date of issuance of a valid arrest warrant.
138	138	5 (3) The date of arrest of the accused person by a law enforcement
139	139	6 officer without a warrant, if the officer has authority to make the
140	140	7 arrest.
141	141	8 (j) A prosecution is considered timely commenced for any offense
142	142	9 to which the defendant enters a plea of guilty, notwithstanding that the
143	143	10 period of limitation has expired.
144	144	11 (k) The following apply to the specified offenses:
145	145	12 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
146	146	13 funeral trust funds) is barred unless commenced within five (5)
147	147	14 years after the date of death of the settlor (as described in
148	148	15 IC 30-2-9).
149	149	16 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
150	150	17 of funeral trust funds) is barred unless commenced within five (5)
151	151	18 years after the date of death of the settlor (as described in
152	152	19 IC 30-2-10).
153	153	20 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
154	154	21 of funeral trust or escrow account funds) is barred unless
155	155	22 commenced within five (5) years after the date of death of the
156	156	23 purchaser (as defined in IC 30-2-13-9).
157	157	24 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
158	158	25 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
159	159	26 years after the earlier of the date on which the state:
160	160	27 (1) first discovers evidence sufficient to charge the offender with
161	161	28 the offense; or
162	162	29 (2) could have discovered evidence sufficient to charge the
163	163	30 offender with the offense by the exercise of due diligence.
164	164	31 (m) Except as provided in subsection (p), a prosecution for a sex
165	165	32 offense listed in IC 11-8-8-4.5 that is committed against a child and
166	166	33 that is not:
167	167	34 (1) a Class A felony (for a crime committed before July 1, 2014)
168	168	35 or a Level 1 felony or Level 2 felony (for a crime committed after
169	169	36 June 30, 2014); or
170	170	37 (2) listed in subsection (e);
171	171	38 is barred unless commenced within ten (10) years after the commission
172	172	39 of the offense, or within four (4) years after the person ceases to be a
173	173	40 dependent of the person alleged to have committed the offense,
174	174	41 whichever occurs later.
175	175	42 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
176	176	2025 IN 233—LS 6903/DI 149 5
177	177	1 crime committed before July 1, 2014) or as a Level 3 felony (for a
178	178	2 crime committed after June 30, 2014) that would otherwise be barred
179	179	3 under this section may be commenced not later than five (5) years after
180	180	4 the earlier of the date on which:
181	181	5 (1) the state first discovers evidence sufficient to charge the
182	182	6 offender with the offense through DNA (deoxyribonucleic acid)
183	183	7 analysis;
184	184	8 (2) the state first becomes aware of the existence of a recording
185	185	9 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
186	186	10 to charge the offender with the offense; or
187	187	11 (3) a person confesses to the offense.
188	188	12 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
189	189	13 (repealed) as a Class B felony for a crime committed before July 1,
190	190	14 2014, that would otherwise be barred under this section may be
191	191	15 commenced not later than five (5) years after the earliest of the date on
192	192	16 which:
193	193	17 (1) the state first discovers evidence sufficient to charge the
194	194	18 offender with the offense through DNA (deoxyribonucleic acid)
195	195	19 analysis;
196	196	20 (2) the state first becomes aware of the existence of a recording
197	197	21 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
198	198	22 to charge the offender with the offense; or
199	199	23 (3) a person confesses to the offense.
200	200	24 (p) A prosecution for an offense described in subsection (e) or
201	201	25 subsection (m), or (q), that would otherwise be barred under this
202	202	26 section may be commenced not later than five (5) years after the
203	203	27 earliest of the date on which:
204	204	28 (1) the state first discovers evidence sufficient to charge the
205	205	29 offender with the offense through DNA (deoxyribonucleic acid)
206	206	30 analysis;
207	207	31 (2) the state first becomes aware of the existence of a recording
208	208	32 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
209	209	33 to charge the offender with the offense; or
210	210	34 (3) a person confesses to the offense.
211	211	35 (q) Except as provided in subsection (p), a prosecution for child
212	212	36 molesting (IC 35-42-4-3) is barred unless commenced before the
213	213	37 date that the alleged victim of the offense reaches fifty-one (51)
214	214	38 years of age.
215	215	39 (r) Except as provided in subsection (b), a prosecution for rape
216	216	40 (IC 35-42-4-1) as a Level 3 felony is barred unless it is commenced
217	217	41 within fifteen (15) years after the commission of the offense.
218	218	2025 IN 233—LS 6903/DI 149