Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana.

     (b) Except as provided in subsections (e) and (f), the application must be received by the division not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, and except as provided in subsections (e) and (f), the division may not accept an application that is received more than two (2) years after the date the crime was committed.

Terms Used In Indiana Code 5-2-6.1-16

  • claimant: means any of the following individuals filing an application for assistance under this chapter:

    Indiana Code 5-2-6.1-1

  • division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. See Indiana Code 5-2-6.1-6
  • victim: means an individual who suffers bodily injury or death as a result of a violent crime. See Indiana Code 5-2-6.1-7
  • victim of a child sex crime: means an individual who was the victim of:

    Indiana Code 5-2-6.1-7.5

  • violent crime: means the following:

    Indiana Code 5-2-6.1-8

     (c) The application must be filed in the office of the division in person, through the division’s Internet web site, or by first class or certified mail. If requested, the division shall assist a victim in preparing the application.

     (d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application.

     (e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age or in accordance with subsection (f).

     (f) An alleged victim of a child sex crime described in IC 35-41-4-2(e) which meets the requirements of IC 35-41-4-2(p) may submit an application to the division not later than five (5) 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 (deoxyribonucleic acid) analysis;

(2) the state first becomes aware of the existence of a recording (as defined in IC 35-31.5-2-273) that provides evidence sufficient to charge the offender with the offense; or

(3) a person confesses to the offense.

     (g) An alleged victim of a battery offense included in IC 35-42-2 upon a child less than fourteen (14) years of age may submit an application to the division not later than five (5) years after the commission of the offense.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.9; P.L.48-2012, SEC.5; P.L.238-2015, SEC.2; P.L.65-2016, SEC.2; P.L.31-2020, SEC.1.

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