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 6865 NOTE PREPARED: Jan 5, 2022
BILL NUMBER: HB 1323 BILL AMENDED:
SUBJECT: Byron Ratcliffe Sr. Racial Profiling Reform Act
FIRST AUTHOR: Rep. Pryor BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill honors the memory of Byron Ratcliffe Sr. by doing the following:
(1) Prohibits law enforcement agencies and law enforcement officers from conducting discriminatory
profiling or pretextual stops based upon an individual's perceived age, gender, race, or ethnicity.
(2) Requires the State Police Department before October 1, 2022, to adopt a model policy regarding
discriminatory profiling and pretextual stops for other law enforcement agencies to consider in adopting their
own agency policies not later than January 1, 2023.
(3) Requires law enforcement agencies to submit data regarding traffic and pedestrian stops, and citizen
complaints regarding discriminatory profiling or pretextual stops to the Indiana Attorney General for analysis
and inclusion in an annual report to the Legislative Council.
(4) Establishes training requirements for law enforcement officers regarding discriminatory profiling and
pretextual stops.
(5) Establishes the Discriminatory Profiling Review Commission to review complaints of discriminatory
profiling and pretextual stops.
(6) Permits a person to bring a civil action based on discriminatory profiling or a pretextual stop.
(7) Requires a law enforcement agency to establish standards concerning the use of vehicle and body
cameras.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Civil Rights Commission- The Civil Rights Commission will provide
a hearing room, staff, and administrative support for the Discriminatory Profiling Review Commission. The
Civil Rights Commission is also tasked with assisting the Discriminatory Profiling Review Commission in
developing rules and forms for receiving complaints. The bill requires law enforcement officers to give
HB 1323 1 notice to everyone they stop that they have a right to file a complaint concerning profiling or pretextual stops
with the Discriminatory Profiling Review Commission. Depending on the nature and number of complaints
received, the Civil Rights Commission would likely need additional staff and resources to provide staff and
administrative support to the Discriminatory Profiling Review Commission. Ultimately, the source of funds
and resources required to satisfy the requirements of this bill will depend on legislative and administrative
actions.
Commission- All members of the proposed 13-member Discriminatory Profiling Review Commission would
be allowed a reimbursement of travel and other duty expenses. Members who are not state employees would
also be entitled to a per diem for their service. The Commission would be required to meet at least monthly.
Adoption of Policy - It is likely that the state’s law enforcement agencies would be able to adopt and provide
copies of a policy on prohibiting discriminatory profiling within existing resources. The law enforcement
agencies that would have to adopt a policy are the Indiana State Police, the Department of Natural Resources’
Conservation Officer Corps., the state’s Excise Police, and state educational institution police departments.
In-Service Training Requirement- The Law Enforcement Training Board (LETB) would be able to adopt the
rules necessary to implement this provision during the course of a scheduled meeting of the Board.
Reporting- It is likely that the Attorney General’s Office (AG) would be able to compile and produce an
annual report to the Legislative Council within the AG’s existing level of resources.
Additionally, the AG may have to contract with a third-party firm with expertise in statistical analysis to
analyze the data received from law enforcement agencies. Results are to be published on the AG’s website
and updated at least quarterly. The impact of this provision would depend on the contracted cost with the
firm. Ultimately, the source of funds and resources required to satisfy the requirements of this bill will
depend on legislative and administrative actions.
Civil Actions- In cases where a state law enforcement agency faces a civil suit for alleged discriminatory
profiling or pretextual stops, the AG would defend the state law enforcement agency on behalf of the state.
If a plaintiff were to prevail against the state, courts could award actual/punitive damages and
declaratory/injunctive relief, which the state would have to pay. The additional costs are indeterminate at this
time. Ultimately, the source of funds and resources needed to satisfy the requirements of this bill may require
additional legislative and administrative actions.
Explanation of State Revenues: Court Fee Revenue: If additional civil actions occur and court fees are
collected, revenue to the state General Fund may increase. A civil costs fee of $100 would be assessed when
a civil case is filed, 70% of which would be deposited in the state General Fund if the case is filed in a court
of record or 55% if the case is filed in a city or town court.
In addition, some or all of the judicial salaries fee ($20), public defense administration fee ($5), court
administration fee ($5), and the judicial insurance adjustment fee ($1) are deposited into the state General
Fund. The proceeds from the automated record keeping fee ($20) are deposited into the State User Fee Fund.
Additional fees may be collected at the discretion of the judge and depending upon the particular type of
case.
Explanation of Local Expenditures: Adoption of Policy- Local law enforcement agencies would be
HB 1323 2 required to adopt a policy on prohibiting discriminatory profiling and have the policy available for review.
It is likely the agencies would be able to adopt policies within their existing staffing and resource levels.
Policies would be required to be adopted by January 1, 2021.
Training Requirement- Local law enforcement agencies would likely be able to conduct the required training
either with the assistance of the Indiana Law Enforcement Academy or through consultants brought in by
the local departments. The agencies may be able to negotiate for volunteers to donate their time to provide
the training, which is typical in other areas of in-service training to fulfill the requirement.
Annual Report- Local law enforcement agencies would need to compile data on all complaints,
investigations, and action taken regarding racial profiling to the AG. Such information could be sent by
electronic mail or other electronic media to the AG on a monthly basis. It is likely that local law enforcement
agencies will experience a minimal increase in expenditures as a result of reporting the required information
to the AG.
Use of Federal Funds- The impact of this provision on federal fund expenditures on local law enforcement
needs is indeterminable and would depend on the decisions made by local law enforcement agencies to
pursue funding for in-car or officer lapel cameras and microphones.
Civil Actions- If a local law enforcement agency faces a civil suit for alleged discriminatory profiling or
pretextual stops, and the plaintiff were to prevail, courts could award actual/punitive damages and
declaratory/injunctive relief. The local unit where the law enforcement agency has jurisdiction would have
to pay these costs.
Explanation of Local Revenues: Court Fee Revenue: If additional civil actions occur, local governments
would receive revenue from the following sources. The county general fund would receive 27% of the $100
civil costs fee 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 court fees. If
the case is filed in a city or town court, 20% of the court fee would be deposited in the county general fund
and 25% would be deposited in the city or town general fund. Additional fees may be collected at the
discretion of the judge, depending upon the particular type of case.
Persons filing a civil case are also required to pay the following fees that are deposited in local funds.
The document storage fee ($5) is deposited into the clerk record perpetuation fund.
The following fees are deposited into the general fund of the county in which the court is located:
• Document fees ($1 per page) are charged for preparing transcripts or copies of record or certificate
under seal.
• A civil garnishee defendant service fee ($10) is collected from the filing party for each defendant
beyond the first three garnishee defendants cited in the lawsuit.
State Agencies Affected: Law Enforcement Training Board; Indiana Office of Technology; Attorney
General; Indiana State Police; Department of Natural Resources; State Excise Police; State university police
departments.
Local Agencies Affected: Law enforcement agencies; School resource officers; Trial courts, city and town
courts.
HB 1323 3 Information Sources:
Fiscal Analyst: Matthew Leahy, 317-234-9485.
HB 1323 4