Introduced Version
SENATE BILL No. 233
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2-6.1-16; IC 35-41-4-2.
Synopsis: Statute of limitations. 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: July 1, 2025.
Alexander
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 233—LS 6903/DI 149 Introduced
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. 233
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 5-2-6.1-16, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
4 Sec. 16. (a) A person eligible for assistance under section 12 of this
5 chapter may file an application for assistance with the division.
6 (b) Except as provided in subsections (e) and (f), the application
7 must be received by the division not more than one hundred eighty
8 (180) days after the date the crime was committed. The division may
9 grant an extension of time for good cause shown by the claimant.
10 However, and except as provided in subsections (e) and (f), the
11 division may not accept an application that is received more than two
12 (2) years after the date the crime was committed.
13 (c) The application must be filed in the office of the division in
14 person, through the division's Internet web site, website, or by first
15 class or certified mail. If requested, the division shall assist a victim in
16 preparing the application.
17 (d) The division shall accept all applications filed in compliance
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1 with this chapter. Upon receipt of a complete application, the division
2 shall promptly begin the investigation and processing of an application.
3 (e) An alleged victim of a child sex crime may submit an application
4 to the division until the victim becomes thirty-one (31) years of age or
5 in accordance with subsection (f).
6 (f) An alleged victim of a child sex crime described in
7 IC 35-41-4-2(e) or IC 35-42-4-3 which meets the requirements of
8 IC 35-41-4-2(p) may submit an application to the division not later than
9 five (5) years after the earliest of the date on 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 (g) An alleged victim of a battery offense included in IC 35-42-2
18 upon a child less than fourteen (14) years of age may submit an
19 application to the division not later than five (5) years after the
20 commission of the offense.
21 SECTION 2. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 2. (a) Except as otherwise provided in this section,
24 a prosecution for an offense is barred unless it is commenced:
25 (1) within five (5) years after the commission of the offense, in
26 the case of a Class B, Class C, or Class D felony (for a crime
27 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
28 Level 6 felony (for a crime committed after June 30, 2014); or
29 (2) within two (2) years after the commission of the offense, in the
30 case of a misdemeanor.
31 (b) A prosecution for a Class B or Class C felony (for a crime
32 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
33 (for a crime committed after June 30, 2014) that would otherwise be
34 barred under this section may be commenced within one (1) year after
35 the earlier of the date on which the state:
36 (1) first discovers evidence sufficient to charge the offender with
37 the offense through DNA (deoxyribonucleic acid) analysis; or
38 (2) could have discovered evidence sufficient to charge the
39 offender with the offense through DNA (deoxyribonucleic acid)
40 analysis by the exercise of due diligence.
41 However, if the offense is a sex offense against a child described in
42 subsection (m), a prosecution otherwise barred under this section may
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1 be prosecuted in accordance with subsection (p).
2 (c) Except as provided in subsection (e), a prosecution for a Class
3 A felony (for a crime committed before July 1, 2014) or a Level 1
4 felony or Level 2 felony (for a crime committed after June 30, 2014)
5 may be commenced at any time.
6 (d) A prosecution for murder may be commenced:
7 (1) at any time; and
8 (2) regardless of the amount of time that passes between:
9 (A) the date a person allegedly commits the elements of
10 murder; and
11 (B) the date the alleged victim of the murder dies.
12 (e) Except as provided in subsection (p), a prosecution for the
13 following offenses is barred unless commenced before the date that the
14 alleged victim of the offense reaches thirty-one (31) years of age:
15 (1) IC 35-42-4-3 (Child molesting).
16 (2) (1) IC 35-42-4-5 (Vicarious sexual gratification).
17 (3) (2) IC 35-42-4-6 (Child solicitation).
18 (4) (3) IC 35-42-4-7 (Child seduction).
19 (5) (4) IC 35-42-4-9 (Sexual misconduct with a minor).
20 (6) (5) IC 35-46-1-3 (Incest).
21 (f) A prosecution for forgery of an instrument for payment of
22 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
23 is barred unless it is commenced within five (5) years after the maturity
24 of the instrument.
25 (g) If a complaint, indictment, or information is dismissed because
26 of an error, defect, insufficiency, or irregularity, a new prosecution may
27 be commenced within ninety (90) days after the dismissal even if the
28 period of limitation has expired at the time of dismissal, or will expire
29 within ninety (90) days after the dismissal.
30 (h) The period within which a prosecution must be commenced does
31 not include any period in which:
32 (1) the accused person is not usually and publicly resident in
33 Indiana or so conceals himself or herself that process cannot be
34 served;
35 (2) the accused person conceals evidence of the offense, and
36 evidence sufficient to charge the person with that offense is
37 unknown to the prosecuting authority and could not have been
38 discovered by that authority by exercise of due diligence; or
39 (3) the accused person is a person elected or appointed to office
40 under statute or constitution, if the offense charged is theft or
41 conversion of public funds or bribery while in public office.
42 (i) For purposes of tolling the period of limitation only, a
2025 IN 233—LS 6903/DI 149 4
1 prosecution is considered commenced on the earliest of these dates:
2 (1) The date of filing of an indictment, information, or complaint
3 before a court having jurisdiction.
4 (2) The date of issuance of a valid arrest warrant.
5 (3) The date of arrest of the accused person by a law enforcement
6 officer without a warrant, if the officer has authority to make the
7 arrest.
8 (j) A prosecution is considered timely commenced for any offense
9 to which the defendant enters a plea of guilty, notwithstanding that the
10 period of limitation has expired.
11 (k) The following apply to the specified offenses:
12 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
13 funeral trust funds) is barred unless commenced within five (5)
14 years after the date of death of the settlor (as described in
15 IC 30-2-9).
16 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
17 of funeral trust funds) is barred unless commenced within five (5)
18 years after the date of death of the settlor (as described in
19 IC 30-2-10).
20 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
21 of funeral trust or escrow account funds) is barred unless
22 commenced within five (5) years after the date of death of the
23 purchaser (as defined in IC 30-2-13-9).
24 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
25 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
26 years after the earlier of the date on which the state:
27 (1) first discovers evidence sufficient to charge the offender with
28 the offense; or
29 (2) could have discovered evidence sufficient to charge the
30 offender with the offense by the exercise of due diligence.
31 (m) Except as provided in subsection (p), a prosecution for a sex
32 offense listed in IC 11-8-8-4.5 that is committed against a child and
33 that is not:
34 (1) a Class A felony (for a crime committed before July 1, 2014)
35 or a Level 1 felony or Level 2 felony (for a crime committed after
36 June 30, 2014); or
37 (2) listed in subsection (e);
38 is barred unless commenced within ten (10) years after the commission
39 of the offense, or within four (4) years after the person ceases to be a
40 dependent of the person alleged to have committed the offense,
41 whichever occurs later.
42 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
2025 IN 233—LS 6903/DI 149 5
1 crime committed before July 1, 2014) or as a Level 3 felony (for a
2 crime committed after June 30, 2014) that would otherwise be barred
3 under this section may be commenced not later than five (5) years after
4 the earlier of the date on which:
5 (1) the state first discovers evidence sufficient to charge the
6 offender with the offense through DNA (deoxyribonucleic acid)
7 analysis;
8 (2) the state first becomes aware of the existence of a recording
9 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
10 to charge the offender with the offense; or
11 (3) a person confesses to the offense.
12 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
13 (repealed) as a Class B felony for a crime committed before July 1,
14 2014, that would otherwise be barred under this section may be
15 commenced not later than five (5) years after the earliest of the date on
16 which:
17 (1) the state first discovers evidence sufficient to charge the
18 offender with the offense through DNA (deoxyribonucleic acid)
19 analysis;
20 (2) the state first becomes aware of the existence of a recording
21 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
22 to charge the offender with the offense; or
23 (3) a person confesses to the offense.
24 (p) A prosecution for an offense described in subsection (e) or
25 subsection (m), or (q), that would otherwise be barred under this
26 section may be commenced not later than five (5) years after the
27 earliest of the date on which:
28 (1) the state first discovers evidence sufficient to charge the
29 offender with the offense through DNA (deoxyribonucleic acid)
30 analysis;
31 (2) the state first becomes aware of the existence of a recording
32 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
33 to charge the offender with the offense; or
34 (3) a person confesses to the offense.
35 (q) Except as provided in subsection (p), a prosecution for child
36 molesting (IC 35-42-4-3) is barred unless commenced before the
37 date that the alleged victim of the offense reaches fifty-one (51)
38 years of age.
39 (r) Except as provided in subsection (b), a prosecution for rape
40 (IC 35-42-4-1) as a Level 3 felony is barred unless it is commenced
41 within fifteen (15) years after the commission of the offense.
2025 IN 233—LS 6903/DI 149