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 6975 NOTE PREPARED: Feb 14, 2022
BILL NUMBER: HB 1144 BILL AMENDED: Feb 10, 2022
SUBJECT: Evidence Preservation Requirements.
FIRST AUTHOR: Rep. Steuerwald BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Sen. Young M
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill establishes additional requirements for the disposition of property held
as evidence that may contain biological evidence related to an offense, including matters involving
postconviction DNA testing and analysis.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Indiana State Police (ISP): The bill could increase the workload of
the ISP to implement the bill’s provisions for all evidence involving a violent offense (IC 11-12-3.7-6). This
provision will likely have minimal impact on the ISP to the extent sufficient capacity exists within the 14
facilities.
The ISP Evidence Clerks securely maintain evidence at the 14 ISP Districts and the Indianapolis Regional
Laboratory. In 2020, the Evidence Clerks reported having over 360,000 items of evidence in storage, and
upon receiving disposition orders, destroyed 26,109 items and released 3,762 items.
Notification: The bill requires the ISP to maintain a record of the preserved evidence, schedule a disposal
date, and notify the last known address of the defendant or the defendant’s attorney. However, under certain
circumstances, the notice requirement may be deemed waived. These provisions could increase the workload
of the ISP to notify the appropriate parties of the case.
Contempt of Court: It also provides that failure to follow the procedures in this bill may constitute contempt
of court. However, failure to follow the procedures in this bill does not constitute grounds for reversal of a
conviction unless the defendant proves a violation of the defendant’s due process rights. If a law enforcement
HB 1144 1 agency is fined, this could increase expenditures from the state General Fund. However, any impact is likely
minimal.
Additional Information - The law enforcement agency shall preserve all evidence that could be subjected to
DNA testing and analysis for a violence offense (IC 11-12-3.7-6) in the agency’s possession or control for
20 years from the defendant’s conviction date or for the duration of the defendant’s incarceration. The
agency shall remove portions of the material evidence that is likely to contain biological evidence related to
the offense for evidence preservation if the evidence cannot be preserved in its entirety. At subsequent
hearings or trials, all records, notes, identification numbers, photographs, and other documents related to the
process of preserving biological evidence shall be admissible into evidence. If the conviction is vacated, the
obligation to preserve biological evidence does not apply.
There are four Regional Laboratories across the state that provide testing and forensic analysis for biology,
DNA, identification of controlled substances, firearms, latent prints, documents, traced evidence
examinations, polygraph examinations, and crime scene investigations upon request. Currently, local law
enforcement agencies, excluding the Indianapolis Metropolitan Police Department (IMPD), send evidence
to the ISP’s Laboratory Division for testing and analysis. After the testing and forensic analysis are complete,
the Evidence Clerks return the items to the local law enforcement agency for preservation, storage, and
disposal.
Explanation of State Revenues: Contempt of Court: Any increase in revenue is indeterminate but expected
to be small. The penalty for contempt is a fine or term of incarceration or both. Fines collected for contempt
of court are deposited in the state General Fund or the Common School Fund.
Explanation of Local Expenditures: Law Enforcement Agency: The bill could increase the workload and
expenditures of local law enforcement agencies to the extent local units do not have the staffing, resources,
or facility capacity needed to fulfill the bill’s requirements. There are various policies and procedures for
each local law enforcement agency regarding evidence storage and disposal postconviction. Therefore, the
fiscal impact will depend upon local resources and capacity.
Notification: The bill requires local law enforcement agencies to notify the defendant or defendant’s attorney
of the scheduled disposal date for preserved evidence. However, under certain circumstances, the notice
requirement may be deemed waived. These provisions could increase the workload of law enforcement
agencies to provide notice before the disposal of preserved evidence.
Contempt of Court: If the bill increases the number of people found in contempt, it could result in additional
incarceration at county jails. The average cost per day is approximately $54 based on the per diem payments
reported by U.S. Marshals to house federal prisoners in 16 county jails across Indiana during federal FY
2017.
Indianapolis Metropolitan Police Department (IMPD): The bill could increase the workload of the IMPD
Property Section to implement the bill’s requirements. However, according to IMPD, evidence from violent
crimes is rarely disposed of after the conviction becomes final because of the possibility of postconviction
appeals. This provision will likely have minimal impact on the IMPD to the extent sufficient capacity exist
within its secure facilities.
As of December 31, 2020, the IMPD reported having at least 588,376 items in storage. The IMPD has two
facilities that store non-perishable property and evidence.
HB 1144 2 Additional Information - The IMPD Property Section receives and secures evidence for criminal cases. In
2020, the IMPD received over 63,700 items for storage, an estimated 175 items per day. The majority of
items kept in storage are from the evidence received at crime scenes, firearms, bullets and bullet casings,
narcotics and related drug paraphernalia, blood samples for pending DUI cases, jewelry, money, and other
evidences needed to support efforts in prosecuting criminal cases.
When an officer submits evidence recovered during an investigation, each item is inventoried, counted,
marked, and boxed. After conviction, the items are either preserved or disposed of by court order, law
enforcement agency request, or returned to the owner. If the owner does not retrieve the item within a certain
time period, the law enforcement agency may proceed with the disposal process.
Explanation of Local Revenues:
State Agencies Affected: Indiana State Police.
Local Agencies Affected: Local law enforcement agencies; county sheriffs.
Information Sources: IC 34-47-3; U.S. Department of Justice Marshals Service;
Indiana State Police Laboratory Division, 2020 Annual Report,
https://www.in.gov/isp/labs/files/2020_Annual-Report_ISP_Lab_Division.pdf; Indianapolis Metropolitan
Police Department, 2020 Annual Report, Property Section,
https://www.indy.gov/activity/police-department-annual-reports-statistics.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1144 3