Bill would let prosecutors seek death sentences for certain child molesting

State prosecutors would be allowed to seek a death sentence or life in prison without parole. The conviction must be for child molesting involving sexual intercourse or other sexual conduct by someone at least 21 when the offense was committed against a child under 12. A court finding of intellectual disability at a hearing before trial would bar the state from seeking either sentence under this provision. If enacted, this provision would take effect July 1, 2026.

After a jury trial, jurors would recommend a sentence; after a judge trial, guilty plea, or jury deadlock, a judge would decide. This covers sentencing for the specified child molesting offense when prosecutors seek death or life without parole. Either penalty would require a finding that the crime and the person's character outweigh any reasons for a lighter sentence. The sentencing hearing would follow the conviction.

The sentencing judge would schedule an execution, and the Indiana Supreme Court would review every death sentence automatically. These rules apply to people sentenced to death for the specified child molesting offense. Only the Indiana Supreme Court could pause an execution. It would have to pause it and set a new date if its review was unfinished by the scheduled execution date. The sentencing judge would have to set the execution date no later than one year and one day after conviction.

A person sentenced to death could ask the Indiana Supreme Court to consider new evidence challenging guilt or the sentence. This applies to people sentenced to death for the specified child molesting offense. The person would have to notify the attorney general. The court would decide whether previously undiscovered evidence casts doubt on guilt or the sentence. It could order a hearing, but would first have to let the attorney general respond. The request could come after state review of the conviction is complete.