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 6898 NOTE PREPARED: Dec 29, 2021
BILL NUMBER: HB 1403 BILL AMENDED:
SUBJECT: Hazing.
FIRST AUTHOR: Rep. Austin BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill requires: (1) a postsecondary educational institution; and (2) a national
organization that sponsors or recognizes a local affiliate organization that includes students of a
postsecondary educational institution; to develop and conduct an educational program on hazing.
It requires a postsecondary educational institution or local affiliate organization to report an allegation of
hazing involving: (1) serious bodily injury; or (2) a significant risk of serious bodily injury; not later than
72 hours after learning of the allegation.
It also requires, beginning in the academic school year that begins in 2022: (1) a postsecondary educational
institution to report incidents of hazing on the postsecondary educational institution's Internet web site; and
(2) a local affiliate organization that includes students of a postsecondary educational institution to report
incidents of hazing on the local affiliate organization's Internet web site.
The bill amends the elements and penalty levels for the criminal offense of hazing. It provides that a person
who actively directs or engages in an act of hazing that results in bodily injury to another person shall, to the
extent that the person can do so without danger or peril to self or others, provide reasonable assistance to the
injured person. It provides that a person who fails to provide assistance commits contributory hazing, a: (1)
Class B misdemeanor; or (2) Level 6 felony if the failure to provide reasonable assistance results in serious
bodily injury to the injured person. It also provides that certain arguments are not a defense in a criminal
prosecution for hazing or contributory hazing.
Effective Date: July 1, 2022.
HB 1403 1 Explanation of State Expenditures: State Educational Institutions (SEIs): Currently, most Indiana SEIs
have policies regarding hazing within their student handbooks or code of ethics. The bill’s requirements
expand on these policies. The bill requires SEIs to post incidents of hazing on their websites, develop and
implement a hazing education program for all new students and certain staff members, report hazing
allegations to law enforcement, and investigate hazing allegations through the campus disciplinary process.
The bill’s requirements represent an additional workload on SEIs, but should be able to be implemented with
no additional appropriations, assuming near customary agency staffing and resource levels.
Amending the Definition of Hazing: The bill also amends the definition of the offense of hazing which could
expand the scope of the crime. This may increase the number of incidents in which the offense of hazing may
apply.
Penalty Provision for Contributory Hazing: The provides that an individual who participates in an act of
hazing that results in the injury of another person and does not seek medical assistance for the injured person
commits a Class B misdemeanor in cases when the injury is not serious and a Level 6 felony in cases of
serious bodily injury.
Penalty Provisions for Hazing: The bill changes the penalty for hazing offenses from a Class B misdemeanor
to a Class A misdemeanor. In cases when the hazing incident results in a blood alcohol content of at least
0.25, the offense is a Level 6 felony under the bill. State expenditures could increase if an offender is
incarcerated in a state prison rather than in a local jail. However, any expenditure increase is likely to be
small.
Additional Information: A Level 6 felony is punishable by a prison term ranging between 6 to 30 months,
with an advisory sentence of 1 year. The period of incarceration will depend upon mitigating and aggravating
circumstances. If offenders can be housed in existing facilities with no additional staff, the marginal cost per
offender for medical care, food, and clothing is approximately $4,333 annually, or $11.87 daily.
Penalties for hazing under the following circumstances remains the same as under current law: hazing
resulting in serious bodily injury (Level 6 felony) and hazing committed by the use of a deadly weapon
(Level 5 felony).
Explanation of State Revenues: Penalty Provisions: If additional court cases occur and fines are collected,
revenue to both the Common School Fund (from fines) and the state General Fund (from court fees) would
increase. The maximum fine for a Class B misdemeanor is $1,000, and the maximum fine for a Class A
misdemeanor is $5,000. The maximum fine for a Level 6 felony is $10,000. Court fees for both
misdemeanors and felonies are the same. However, any additional revenue would likely be small. Court fees
for both misdemeanors and felonies are the same.
Explanation of Local Expenditures: Penalty Provisions: The maximum term of imprisonment for a Class
B misdemeanor is up to 180 days, while the maximum term for a Class A misdemeanor is up to one year. If
more defendants are detained in county jails prior to their court hearings, local expenditures for jail
operations may increase. However, any additional expenditures would likely be small.
If an offender is sentenced to state prison for a Level 6 felony rather than to a county jail, the costs to the
county may be reduced. However, any cost reduction is likely to be small.
Explanation of Local Revenues: Penalty Provisions: If additional court actions occur and a guilty verdict
HB 1403 2 is entered, local governments would receive revenue from court fees. However, any change in revenue would
likely be small.
State Agencies Affected: State Educational Institutions, Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources:
Fiscal Analyst: Camille Tesch, 317-232-5293.
HB 1403 3