§ 1-1-2-2.5 — Criminal law lookback periods

Indiana § 1-1-2-2.5

• Jurisdiction: Indiana
• Title 1: GENERAL PROVISIONS
• Art. 1: LAWS GOVERNING THE STATE

Text

5. (a) This section applies to every crime in
which proof that a person has a prior conviction or judgment for an
infraction increases:
(1) the class or level of the crime;
(2) the penalty for the crime from a misdemeanor to a felony; or
(3) the penalty for an infraction to a misdemeanor or felony.
(b) This section does not apply to a sentencing provision that
increases the penalty that may be imposed for an infraction or crime
but does not increase:
(1) the class or level of the crime;
(2) the penalty for the crime from a misdemeanor to a felony; or
(3) the penalty for an infraction to a misdemeanor or felony;
including IC 35-50-2-8 (habitual offenders), IC 35-50-2-9 (death
penalty sentencing), IC 9-30-15.5 (habitual vehicular substance
offender), and IC 35-50-2-14 (repeat sexual offender).
(c) This section does not apply to a crime that contains a specific
lookback period for a prior conviction or judgment for an infraction.
(d) Subject to subsection (e), and except as provided in subsection
(f), a prior conviction or a prior judgment for an infraction increases the
class or level of the crime, the penalty for the crime from a
misdemeanor to a felony, or the penalty for an infraction to a
misdemeanor or felony only if the current crime was committed not
later than twelve (12) years from the date the defendant was:
(1) convicted of the prior crime, if the defendant was not
sentenced to a term of incarceration or probation;
(2) adjudicated to have committed the infraction; or
(3) released from a term of incarceration, probation, or parole
(whichever occurs later) imposed for the prior conviction;
whichever occurred last.
(e) If a crime described in subsection (a) requires proof of more than
one (1) criminal conviction or judgment for an infraction, the increased
penalty applies only if the current crime was committed not later than
twelve (12) years from the date the defendant was:
(1) convicted of one (1) of the prior crimes, if the person was not
sentenced to a term of incarceration or probation;
(2) adjudicated to have committed one (1) of the infractions; or
(3) released from a term of incarceration, probation, or parole
(whichever occurs later) imposed for one (1) of the prior
convictions;
whichever occurred last.
(f) This section does not apply if the crime described in subsection
(a) is one (1) or more of the following:
(1) A crime of violence (as defined by IC 35-50-1-2).
(2) A crime that results in bodily injury or death to a victim.
(3) A sex offense (as defined by IC 11-8-8-5.2).
(4) Domestic battery (IC 35-42-2-1.3).
(5) Strangulation (IC 35-42-2-9).
(6) Operating while intoxicated with a prior conviction for
operating while intoxicated that resulted in death, serious bodily
injury, or catastrophic injury (IC 9-30-5-3(b)).
(7) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
(8) Dealing in methamphetamine (IC 35-48-4-1.1).
(9) Manufacturing methamphetamine (IC 35-48-4-1.2).
(10) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(g) If there is a conflict between a provision in this section and
another provision of the Indiana Code, this section controls.

Legislative History

As added by P.L.142-2020, SEC.1.