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 6376 NOTE PREPARED: Dec 11, 2023
BILL NUMBER: HB 1040 BILL AMENDED:
SUBJECT: Medical Forensic Examination Kits.
FIRST AUTHOR: Rep. Klinker BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State
DEDICATED
FEDERAL
Summary of Legislation: Definition and Guidelines – This bill requires the Superintendent of the State
Police Department (ISP) to adopt certain guidelines concerning medical forensic examination kits for victims
of a sex crime (kits) and to obtain data from law enforcement agencies concerning kits in the agencies'
possession.
Report to Committee – It requires the Superintendent to provide certain information to the Interim Study
Committee on Corrections and Criminal Code concerning kits.
Twenty-four Hour Notification – The bill requires a forensic medical services provider to notify a law
enforcement agency regarding the completion of a kit not later than 24 hours after the kit is completed.
Department of Homeland Security – The bill requires the Department of Homeland Security (DHS) to
develop practices and guidelines designed to assist crime labs and law enforcement agencies with the
elimination of untested kit backlogs.
Tracking System Notifications – The bill requires that a notification be provided to a victim who has
registered for notifications through the web based claims reimbursement and sexual assault examination kit
tracking system not more than 30 days after a change in status to the kit. The bill also makes conforming
changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Tracking System Notifications – The Indiana Criminal Justice Institute
HB 1040 1 would incur a short-term expenditure to upgrade the web based claims reimbursement and sexual assault
examination kit tracking system to provide a notification within 30 days after a change in the status of a kit.
The estimated cost for the project could be around $300,000. In the long-term, expenditures are likely to be
small.
Definition and Guidelines – The bill requires the Superintendent of the ISP to adopt guidelines concerning
medical forensic examination kits for victims of a sex crime and to obtain data from law enforcement
agencies concerning kits in the agencies' possession. The bill’s requirements are within the ISP’s routine
administrative functions and should be able to be implemented with no additional appropriations, assuming
near customary agency staffing and resource levels.
Report to Committee – The ISP reported in November 2017 to the Legislative Council about their findings
on untested sexual assault examination kits under the requirement of SR 55-2017 with their existing staff at
the time. Given the bill would require a substantially similar report, it is likely the ISP would be able to meet
this requirement within their existing level of resources.
Department of Homeland Security – The bill would increase expenditures and workload for DHS to develop
practices and guidelines designed to assist crime labs and law enforcement agencies with the elimination of
untested kit backlogs. The additional funds and resources required could be supplied through existing staff
and resources currently being used in another program or with new appropriations. Ultimately, the source
of funds and resources required to satisfy the requirements of this bill will depend on legislative and
administrative actions.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: Indiana State Police; Department of Homeland Security; Indiana Criminal Justice
Institute.
Local Agencies Affected:
Information Sources: Report of the Findings and Recommendations for Senate Resolution 55,
https://iga.in.gov/legislative/2018/publications/agency/reports/isp/#document-36b68272; Devon MacDonald,
Executive Director, Indiana Criminal Justice Institute.
Fiscal Analyst: Alexander Raggio, 317-234-9485.
HB 1040 2