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

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

Sec. 2.5. (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 35-31.5-2-79).

(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.

As added by P.L.142-2020, SEC.1. Amended by P.L.85-2026, SEC.1.