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Legislative Update

Prosecutions for rape and criminal deviate conduct

April 13, 2016 Filed Under: Criminal

H.E.A. 1105, P.L. 70
Effective: July 1, 2016
Specifies that certain exceptions to the statute of limitations for rape as a Level 3 felony also apply to rape as a Class B felony (for crimes committed before July 1, 2014). Provides that a prosecution for criminal deviate conduct as a Class B felony for an offense committed before the crime was repealed on July 1, 2014, that would otherwise be barred may be commenced not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Provides that state educational institution and approved postsecondary educational institution student advocate office employees and volunteers who provide services to certain victims have testimonial privilege regarding confidential victim information.
The full law is available at: http://iga.in.gov/legislative/2016/bills/house/1105

Filed Under: Criminal Tagged With: sex offenses, statute of limitations

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