Citations Affected: IC 35-41; noncode.
Synopsis: Identification of offenders with DNA. Allows a prosecution
for a Class B or Class C felony that would otherwise by barred by the
statute of limitations to be commenced within one year of the date that
the offender is first identified with DNA evidence. Allows a
prosecution to be brought before July 1, 2002 if the offender was first
identified with DNA evidence after the date on which prosecution was
barred by the statute of limitations and before July 1, 2001.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Judiciary.
February 15, 2001, amended, reported favorably _ Do Pass.
February 19, 2001, read second time, ordered engrossed. Engrossed.
February 20, 2001, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.9-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 2. (a) Except as otherwise provided in this section,
a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers the identity of the offender with DNA (deoxyribonucleic acid) evidence; or
(2) could have discovered the identify of the offender with DNA (deoxyribonucleic acid) evidence by the exercise of due diligence.
However, for a Class B or Class C felony in which the state first discovered the identity of an offender with DNA (deoxyribonucleic
acid) evidence after the time otherwise allowed for prosecution and
before July 1, 2001, the one (1) year period provided in this
subsection is extended to July 1, 2002.
(c) A prosecution for a Class A felony may be commenced at any time.
(c) (d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of murder; and
(B) the date the alleged victim of the murder dies.
(d) (e) A prosecution for the following offenses is barred unless
commenced before the date that the alleged victim of the offense
reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(e) (f) Notwithstanding subsection (c)(1), (e)(1), a prosecution for
child molesting under IC 35-42-4-3(c) or IC 35-42-4-3(d) where a
person who is at least sixteen (16) years of age allegedly commits the
offense against a child who is not more than two (2) years younger than
the older person, is barred unless commenced within five (5) years after
the commission of the offense.
(f) (g) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under IC 35-43-5-2,
is barred unless it is commenced within five (5) years after the maturity
of the instrument.
(g) (h) If a complaint, indictment, or information is dismissed
because of an error, defect, insufficiency, or irregularity, a new
prosecution may be commenced within ninety (90) days after the
dismissal even if the period of limitation has expired at the time of
dismissal, or will expire within ninety (90) days after the dismissal.
(h) (i) The period within which a prosecution must be commenced
does not include any period in which:
(1) the accused person is not usually and publicly resident in Indiana or so conceals himself that process cannot be served on him;
(2) the accused person conceals evidence of the offense, and evidence sufficient to charge him with that offense is unknown to the prosecuting authority and could not have been discovered by
that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
(i) (j) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
(j) (k) A prosecution is considered timely commenced for any
offense to which the defendant enters a plea of guilty, notwithstanding
that the period of limitation has expired.
SECTION 2. [EFFECTIVE JULY 1, 2001] The amendments to IC 35-41-4-2 made by this act apply to all crimes regardless of whether the crime was committed before, on, or after July 1, 2001.