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 7090 NOTE PREPARED: Jan 20, 2022
BILL NUMBER: HB 1217 BILL AMENDED: Jan 20, 2022
SUBJECT: Coerced Abortion.
FIRST AUTHOR: Rep. King BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Information: The bill requires that a pregnant woman seeking an abortion must
be informed that a coerced abortion is illegal.
Medical Personnel: It also provides that certain medical personnel must inquire with a pregnant woman
seeking an abortion whether the abortion is coerced. The bill requires certain medical personnel who believe
that an abortion is coerced to offer the pregnant woman information on certain services, the use of a
telephone, and an alternative exit from the health care facility.
Criminal Penalties and Judgments: The bill makes it a Level 6 felony if a person knowingly or intentionally
coerces a pregnant woman into having an abortion. It mandates reports of a coerced abortion to law
enforcement. The bill also makes it a Class C infraction if a reproductive health facility knowingly employs
a mandatory reporter who violates the mandatory reporting statute.
Effective Date: July 1, 2022.
Explanation of State Expenditures: (Revised) The bill will increase workload for the Professional
Licensing Agency (PLA) and the Indiana Department of Health (IDOH) to notify and regulate medical
personnel and facilities concerning the bill’s requirements of notice and reporting.
The bill adds a Level 6 felony offense concerning coercion of a pregnant woman. A Level 6 felony is
punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of 1 year. The sentence
depends on mitigating and aggravating circumstances. 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
HB 1217 1 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 per year, or $366 daily, in FY 2021. The marginal cost for juvenile facilities was $4,891
annually or $13.40 daily
The entire Level 6 sentence may be suspended and the person placed on either probation or community
correction. Of 158,978 persons who have been convicted and sentenced for a Level 6 felony as the single
charge between FY 2013 and 2021, 7% were committed to DOC for an average of 1.4 years. If no time is
suspended, the offender can receive good time credit of 50% and educational credit time. After adjusting for
credit time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: Summary - A facility that employs a mandatory reporter who failed to
report coercion is subject to a Class C infraction. The PLA and IDOH may take action against medical
personnel or facilities, including suspending or revoking licenses, which would reduce funds deposited in
the state General Fund or imposing civil penalties of between $1,000 and $10,000.
Additional Information - Criminal Penalties and Judgments: If additional court cases occur and fines are
collected, revenue to both the Common School Fund and the state General Fund would increase. The
maximum fine for a Level 6 felony is $10,000 and the maximum judgment for a Class C infraction is $500.
Criminal fines are deposited in the Common School Fund and infraction revenue is deposited in the state
General Fund.
If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and
collected when a guilty verdict is entered or the $70 court fee for an infraction would be deposited in the state
General Fund. In addition, some or all of the following revenue is deposited into the state General Fund:
automated record keeping fee ($20), judicial salaries fee ($20), public defense administration fee ($5), court
administration fee ($5), judicial insurance adjustment fee ($1), and the DNA sample processing fee ($3).
Explanation of Local Expenditures: (Revised) Reporting Followup: Upon notification of a potentially
coerced abortion, law enforcement will initiate an investigation within two hours, increasing local law
enforcement workload.
Criminal Penalties: If more defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations may increase. 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.
Explanation of Local Revenues: Court Fee Revenue: If additional civil actions occur and court fees are
collected, local governments would receive additional revenue from both a portion of the civil costs fee and
other fees that would be collected. If additional court actions occur and a guilty verdict is entered, local
governments would receive revenue from the following sources. The county general fund would receive 27%
of the $120 criminal costs fee or $70 fee for an infraction that is assessed in a court of record. Cities and
towns maintaining a law enforcement agency that prosecutes at least 50% of its ordinance violations in a
court of record may receive 3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor
are also required to pay the document storage fee ($5), which is deposited into the clerk record perpetuation
fund, and the jury fee ($2) and the law enforcement continuing education fee ($4), which are both deposited
HB 1217 2 in the county user fee fund.
State Agencies Affected: Department of Correction; PLA; ISDH.
Local Agencies Affected: Trial courts, city and town courts, local law enforcement agencies.
Information Sources: Department of Correction, U.S. Department of Justice Marshals Service.
Fiscal Analyst: Karen Rossen, 317-234-2106, Mark Goodpaster, 317-232-9852.
HB 1217 3