Indiana 2022 2022 Regular Session

Indiana House Bill HB1300 Introduced / Fiscal Note

Filed 01/31/2022

                    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 6885	NOTE PREPARED: Jan 31, 2022
BILL NUMBER: HB 1300	BILL AMENDED: Jan 27, 2022
SUBJECT: Bail.
FIRST AUTHOR: Rep. Mayfield	BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Freeman
FUNDS AFFECTED:XGENERAL	IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation:   This bill has the following provisions:
A. Bail –  It allows a charitable organization to pay bail on behalf of a defendant if the organization:
(1) is certified by the Commissioner of the Department of Insurance; (2) pays cash bail in the amount
of $2,000 or less on behalf of a defendant charged only with a misdemeanor; (3) only pays bail for
a defendant who is indigent; (4) is represented by a bail agent; and (5) meets certain other
requirements. It exempts from the certification requirement a charitable organization that pays bail
for not more than two individuals in any 180 day period. 
B. Searchable Field – It provides that a case management system developed and operated by the Office
of Judicial Administration must include a searchable field for certain information of the bail agent
or a person authorized by the surety that pays bail for an individual.
Effective Date:  July 1, 2022.
Explanation of State Expenditures:  Bail –  The bill will increase the workload of the Department of
Insurance (DOI) to adopt rules concerning charitable bail organizations as well as receive and review
certification requests from charitable bail organizations that intend to provide bail for more than two people
in a six-month period. The bill’s requirements are within the agency’s routine administrative functions and
should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels. 
Searchable Field – The Office of Judicial Administration estimates the programming costs to create this
HB 1300	1 application to be $35,000. 
Explanation of State Revenues:  Bail – The provision will increase Bail Bond Enforcement and
Administration Fund revenue to the extent individuals apply for charitable bail organization certifications
issued by the DOI. The initial and renewal application fee is $300, with certification lasting two years. The
total number of charitable bail organizations in the state is unknown. Increases to this fund from new revenue
from certification fees are expected to be minimal. 
Explanation of Local Expenditures: Searchable Field – Courts and sheriffs may incur new training costs.
Frequently, the clerks receive a form from the jail which does not consistently include the information about
the bail agent. Jail staff would need to record this information and send it to the clerk.
Explanation of Local Revenues: 
State Agencies Affected: Department of Insurance; Office of Judicial Administration
Local Agencies Affected: Courts with criminal jurisdiction
Information Sources: Department of Insurance; Office of Judicial Administration
Fiscal Analyst: Mark Goodpaster,  317-232-9852.
HB 1300	2