Introduced Version






HOUSE BILL No. 1586

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-11; IC 35-41-4-2.

Synopsis: Statute of limitations. Eliminates the statute of limitations for civil and criminal actions involving sex crimes against children.

Effective: July 1, 2007.





Hoy, Crouch




    January 23, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1586



    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:

SOURCE: IC 34-11-2-4; (07)IN1586.1.1. -->     SECTION 1. IC 34-11-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. Except as provided in section 13 of this chapter, an action for:
        (1) injury to person or character;
        (2) injury to personal property; or
        (3) a forfeiture of penalty given by statute;
must be commenced within two (2) years after the cause of action accrues.
SOURCE: IC 34-11-2-13; (07)IN1586.1.2. -->     SECTION 2. IC 34-11-2-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec 13. An individual may commence a civil action at any time against a party:
        (1) if:
            (A) the party was convicted of a crime under IC 35-42-4 or
            IC 35-46-1-3; or
            (B) the party knowingly or intentionally aided, induced, or caused another person to commit a crime under IC 35-42-4

or IC 35-46-1-3 and the other person was convicted of the crime under IC 35-42-4 or IC 35-46-1-3; and
        (2) if the individual commencing the action was:
            (A) the victim of the crime under IC 35-42-4 or
            IC 35-46-1-3; and
            (B) less than eighteen (18) years of age at the time of the crime.

SOURCE: IC 34-11-6-1; (07)IN1586.1.3. -->     SECTION 3. IC 34-11-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.
     (b) Subsection (a) does not limit the time within which an action subject to IC 34-11-2-13 may be brought.
SOURCE: IC 35-41-4-2; (07)IN1586.1.4. -->     SECTION 4. IC 35-41-4-2, AS AMENDED BY P.L.173-2006, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 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 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 evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
        (2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
    (c) A prosecution for a Class A felony may be commenced at any time.
    (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.
    (e) A prosecution for the following offenses is barred unless an offense:
        (1) under IC 35-42-4 or IC 35-46-1-3; and
        (2) in which the victim of the crime was less than eighteen (18) years of age at the time of the offense;
may be
commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age: at any time.
        (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) 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) 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) 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 served;
        (2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person 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) 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) 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.
SOURCE: ; (07)IN1586.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2007] (a) IC 34-11-2-13, as added by this act, applies to causes of action accruing after June 30, 2007.
    (b) IC 35-41-4-2, as amended by this act, applies to offenses committed after June 30, 2007.