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 6942 NOTE PREPARED: Dec 29, 2021
BILL NUMBER: SB 168 BILL AMENDED:
SUBJECT: Speeding.
FIRST AUTHOR: Sen. Baldwin BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
(1) Provides that a person who knowingly, intentionally, or recklessly operates a vehicle at a speed more than
24 miles per hour above the posted maximum speed limit for a highway commits a Class C misdemeanor,
unless the offense causes bodily injury to a person or damages the property of another person.
(2) Requires a juvenile court to recommend the suspension of the driving privileges of a child who causes bodily
injury to a person while knowingly, intentionally, or recklessly driving more than 24 miles per hour above the
posted maximum speed limit for a highway.
(3) Provides that the court shall require a delinquent child to pay the fine that would be imposed for a Class A
misdemeanor if committed by an adult if the delinquent child caused bodily injury to a person while the
delinquent child knowingly, intentionally, or recklessly drove more than 24 miles per hour above the posted
maximum speed limit for a highway.
(4) Provides that an amount paid by a delinquent child must be deposited in the county's guardian ad litem fund
or court appointed special advocate fund.
Effective Date: July 1, 2022.
Explanation of State Expenditures:
Explanation of State Revenues: This bill could increase the number of Class C misdemeanor convictions
in the state to the extent individuals who operate a motor vehicle in excess of 24 miles per hour over the
posted speed limit are not currently charged with a Class C misdemeanor for reckless endangerment. The
number of individuals who are issued Class C infraction speeding citations where the speed was in excess
SB 168 1 24 miles per hour over the speed limit are unknown, but expected to be small.
This bill potentially increases revenue to the Common School Fund, but could reduce revenue that is
deposited in the state General Fund. However, any change in revenue is likely to be small. Currently, the
maximum judgment for a Class C infraction is $500, which is deposited into the state General Fund, while
the maximum fine for a Class C misdemeanor is $500, which is deposited into the Common School Fund.
The state General Fund may receive additional court fee revenue. However, the amount is likely to be small.
[The bill establishes a different fine for juveniles who have their driving privileges suspended for this
offense. See Explanation of Local Revenues.]
Explanation of Local Expenditures: Local expenditures could increase if offenders are incarcerated in
local jails instead of being only fined. However, any cost increase is likely to be small. A Class C
misdemeanor is punishable by up to 60 days in jail.
Explanation of Local Revenues: Juvenile Fines: The bill requires juveniles convicted of operating a motor
vehicle in excess of 24 miles per hour to pay the fine amount for a Class A misdemeanor, and it specifies the
revenue collected will be deposited in the county’s guardian ad litem or court appointed special advocate
fund. The maximum fine for a Class A misdemeanor is $5,000. However, any additional revenue would
likely be small.
Court Fees: Local governments could receive additional revenues from any court fees that are collected for
cases that were infractions and are now misdemeanors.
State Agencies Affected:
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources:
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 168 2