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: Mar 4, 2022
BILL NUMBER: SB 148 BILL AMENDED: Feb 24, 2022
SUBJECT: Prosecuting Attorneys.
FIRST AUTHOR: Sen. Koch BILL STATUS: Enrolled
FIRST SPONSOR: Rep. Steuerwald
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.
Fund: It renames the Drug Prosecution Fund as the Substance Abuse Prosecution Fund.
Authorized Expenses: It broadens the types of expenses a county auditor shall pay the prosecuting attorney
in connection with a criminal case. It also allows a prosecuting attorney to appoint employees with the
approval 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 also requires the IPAC to conduct certain training.
Power and Duties of Prosecuting Attorneys: It provides a prosecuting attorney with defense and
indemnification in a disciplinary action for conduct that occurred within the scope of employment.
Effective Date: July 1, 2022.
Explanation of State Expenditures: IPAC: This provision reflects IPAC’s current practices. At annual
SB 148 1 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.
Explanation of Local Revenues:
State Agencies Affected: Indiana Prosecuting Attorneys Council.
Local Agencies Affected: Prosecuting Attorneys.
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 2