Criminal Law Changes Proposed for 2016 Indiana General Assembly Session

By Comm. James K. Snyder, Marion Superior Court

Today, January 5, starts the Indiana General Assembly 2016 Session.  There are several criminal law amendments proposed, including an increased penalty for Voluntary Manslaughter if the crime is committed by means of a deadly weapon.  If SB 166 is passed, Voluntary Manslaughter would be a Level 1 Felony, if committed by means of a deadly weapon.  This is in line with pre-1006 law on Voluntary Manslaughter.  A major change in Title 35 would be to eliminate the statute of limitations for Rape.  Under current law, the general period of limitation for Rape is five years, with certain exceptions for discovery-related issues.  If SB 137 passes, a prosecution for the crime of Rape at any felony level could be commenced at any time.  Other potential changes include creating a Level 6 felony for a prosecuting attorney’s withholding or concealing of exculpatory evidence and substantive changes to the criminal gang activity statute.

To keep up to date on changes in the 2016 session, you can visit https://iga.in.gov/.

This post was contributed by Comm. James K. Snyder, Marion Superior Court. If you would like to submit content or write an article for the Criminal Justice Section page, please email Rachel Beachy at rbeachy@indybar.org.