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 6725 NOTE PREPARED: Jan 24, 2022
BILL NUMBER: SB 148 BILL AMENDED: Jan 20, 2022
SUBJECT: Prosecuting Attorneys.
FIRST AUTHOR: Sen. Koch BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
Crime Insurance Policy: It permits a prosecuting attorney to purchase a crime insurance policy instead of
executing a surety bond.
Paternity Action: It permits the Department of Child Services or a prosecuting attorney to file a paternity
action in certain cases.
Expenses: It allows a prosecuting attorney to request and use funds that are derived from a deferral program
or pretrial diversion program for expenses of the office of the prosecuting attorney. It allows a prosecuting
attorney to seek and receive grants and funding from any source to assist in the discharge of duties of the
office of the prosecuting attorney with the consent of the county council.
Fund: It renames the Drug Prosecution Fund as the Substance Abuse Prosecution Fund.
Power and Duties of Prosecuting Attorneys: It requires a prosecuting attorney to investigate information
received about the commission of certain criminal offenses. It allows a prosecuting attorney to issue or
request a subpoena, search warrant, or other process necessary to aid an investigation. It also provides a
prosecuting attorney with defense and indemnification in a disciplinary action for conduct that occurred
within the scope of employment.
Authorized Expenses: It broadens the types of expenses a county auditor shall pay the prosecuting attorney
in connection with a criminal case. It allows a prosecuting attorney to appoint employees with the approval
SB 148 1 of the county council.
IPAC: It allows the Prosecuting Attorneys Council of Indiana (IPAC) to call two conferences each year and
specifies who may attend the conferences. It requires that expenses incurred by a deputy prosecuting attorney
or an employee of a prosecuting attorney for attending a conference held by the Prosecuting Attorneys
Council of Indiana be paid by the county general fund. It requires the Prosecuting Attorneys Council of
Indiana to conduct certain training.
Effective Date: July 1, 2022.
Explanation of State Expenditures: IPAC: This provision reflects IPAC’s current practices. At annual
conferences and throughout the year, IPAC trains office administrators, victims advocates, investigators,
child support case workers, deputy prosecutors, judges, magistrates, adult protective services workers, sexual
assault nurses and other state agencies that work with prosecutors.
Paternity Action: This provision would permit earlier efforts by either DCS or the county prosecuting
attorney to file paternity actions. Establishing paternity allows for the establishment, enforcement, and
modification of child support orders. If child support collections increase because of these earlier efforts, the
state may also see an increase in federal IV-D funding that is tied to the amount of child support collected
in the state. Actual increases in child support collections are indeterminable.
The federal IV-D program consists of a static amount of performance-based grants awarded to states (on a
competitive basis) depending on performance regarding specified metrics. These metrics include a: (1)
paternity-establishment performance level, (2) support order enforcement performance level, (3) current
payment performance level, (4) arrearage performance level, and (5) cost-effectiveness performance level.
Explanation of State Revenues:
Explanation of Local Expenditures: Crime Insurance Policy: Counties would be permitted to purchase
crime insurance policies instead of surety bonds. Counties are reportedly carrying this insurance for some
local officials.
Authorized Expenses: This provision amends the section to reflect current practice. Employees in a
prosecuting attorney’s office generally include deputy prosecutors, paralegal staff, victim’s advocates, child
support case workers, administrators, office managers, investigators, volunteers and interns. The current
statute is based on when many prosecutors were part-time and much of their administrative staff came from
their private law practices.
Expenses: The bill could reduce local expenditures to the extent the prosecuting attorney seeks and receives
grants and funding from other sources to assist in the discharge of the duties of the office of the prosecuting
attorney.
Explanation of Local Revenues:
State Agencies Affected: Indiana Prosecuting Attorneys Council.
Local Agencies Affected: Prosecuting Attorneys.
SB 148 2 Information Sources: Prosecuting Attorneys Council of Indiana (IPAC), State Staffing Table, October
2021; 2020 Indiana Census; State Budget Policy Instructions.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 148 3