LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6525 NOTE PREPARED: Jan 24, 2022
BILL NUMBER: HB 1032 BILL AMENDED:
SUBJECT: Human Immunodeficiency Virus.
FIRST AUTHOR: Rep. Eberhart BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It removes sentencing enhancements for battery and malicious mischief that relate to the human
immunodeficiency virus (HIV).
B. It repeals certain offenses concerning the donation, sale, or transfer of blood or semen that contains
HIV.
C. It makes conforming amendments.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Any reductions in DOC’s population due to this bill would be minor.
LSA found no convictions or sentences since 2014 for any felonies involving the transmission of HIV.
There are four offenses involving the transmission of HIV that this bill would repeal. The following table
shows the offenses and felony level.
HB 1032 1 Code Cite Description Felony Level
IC 16-41-14-17Transferring contaminated semen
Level 5
Level 4 (if results in HIV infection)
IC 35-42-2-1
Battery on a person with bodily fluids
infected with HIV
Level 6 (battery on a person)
Level 5 (battery on a public safety officer)
IC 35-45-16-2
Malicious mischief with body fluid or
fecal waste infected with HIV
Level 6
Level 4 (if results in HIV infection)
IC 35-45-21-1 Transferring contaminated bodily fluids
by donation or sale
Level 5
Level 3 (if results in HIV infection)
The average expenditure to house an adult offender was $24,506 annually, or $67 daily, in FY 2021. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,333 annually, or
$11.67 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene.
The estimated average cost of housing a juvenile in a state juvenile facility was $133,799, or $366.32 daily,
in FY 2021. The marginal cost for juvenile facilities was $4,891 annually or $13.40 daily.
Explanation of State Revenues: Any reductions in revenue to the state General Fund and the Common
School Fund due to this bill would be minor.
Explanation of Local Expenditures: Any reductions in county jail population due to this bill would be
minor.
Explanation of Local Revenues: Any reductions in revenue to local funds due to this bill would be minor.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, prosecuting attorneys, county sheriffs.
Information Sources: Indiana Supreme Court Abstracts of Judgment.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1032 2