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 6640 NOTE PREPARED: Dec 21, 2021
BILL NUMBER: HB 1233 BILL AMENDED:
SUBJECT: Possession of Firearms.
FIRST AUTHOR: Rep. Payne BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill repeals provisions concerning the: (1) confiscation and retention of
firearms from a dangerous person; (2) compilation and publication of statistics related to the confiscation
and retention of firearms from a dangerous person; and (3) making of a false report that a person is
dangerous. The bill modifies a provision concerning a petition to find that an individual is no longer
dangerous.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Penalties– Several penalties including Class A and B misdemeanors
and a Level 5 felony would be eliminated under the bill with respect to retention of firearms. Department of
Correction expenditures may be reduced slightly as a result of the bill with regard to fewer commitments to
DOC facilities in future years. A Level 5 felony is punishable by a prison term ranging from 1 to 6 years,
with an advisory sentence of 3 years. The sentence depends on mitigating and aggravating circumstances.
Assuming 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 $11.87 daily, per prisoner. However, any
additional expenditures are likely to be small.
Office of Judicial Administration (OJA)– The OJA may see a slight reduction in administrative workload as
a result of the bill. The OJA was required to begin compiling firearm confiscation and retention data after
July 1, 2021. The OJA has until January 1 of the following year to provide the Legislative Council a report
of its findings from the previous year. Given the date of the provision, it is likely the OJA has been in the
process of compiling and publishing the required data.
HB 1233 1 Explanation of State Revenues: Penalties– If fewer court cases occur and fines are collected, revenue to
both the Common School Fund (from criminal fines) and the state General Fund (from court fees) would
decrease. The maximum fine for a Level 5 felony is $10,000. The maximum fine for a Class A misdemeanor
is $5,000 and for a Class B misdemeanor is $1,000. However, any reduction in revenues would likely be
small.
Explanation of Local Expenditures: Courts and Law Enforcement– Courts and local law enforcement
would see a reduction in administrative workload if fewer cases came before the courts regarding dangerous
persons with respect to possessing a firearm. The change would allow courts and law enforcement to use the
time to conduct other trial proceedings and investigations.
Penalties– If fewer defendants are detained in county jails prior to their court hearings, local expenditures
for jail operations could decrease. However, any reduction in expenditures would likely be small. A Class
A misdemeanor is punishable by up to one year in jail. A Class B misdemeanor is punishable by up to 180
days in jail.
Temporary Commitments– There may be fewer temporary commitments to mental health facilities by court
order as a result of the bill, if fewer people possessing firearms are deemed dangerous by courts in future
years. The savings to the facilities is indeterminable.
Explanation of Local Revenues: Penalties– If fewer court actions occur, local governments would receive
less revenue from court fees. However, the reduction would likely be small.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources:
Fiscal Analyst: Chris Baker, 317-232-9851.
HB 1233 2