January 6, 2004, read first time and referred to Committee on Rules and Legislative
January 22, 2004, amended; reassigned to Committee on Criminal, Civil and Public Policy.
January 23, 2004
Second Regular Session 113th General Assembly (2004)
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
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
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between statutes enacted by the 2003 Regular Session of the General Assembly.
SENATE BILL No. 122
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:
SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.1-2002,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) Except as otherwise provided
in this section, a prosecution for an offense is barred unless it is
(1) within five (5) years after the commission of the offense, in
the case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in
the case of a misdemeanor.
(b) A prosecution for either of the following Class B felony sex
offenses is barred unless it is commenced within twenty (20) years
after the commission of the offense:
(1) IC 35-42-4-1(a) (rape).
(2) IC 35-42-4-2(a) (criminal deviate conduct).
(c) 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 identity 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.
A prosecution for a Class A felony may be commenced at
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
(B) the date the alleged victim of the murder dies.
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).
(f) Notwithstanding subsection (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.
(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.
(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.
(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 or herself
that process cannot be
him; the person;
(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.
(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
(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, 2004] IC 35-41-4-2, as
amended by this act, only applies to crimes committed after June