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 6474 NOTE PREPARED: Jan 18, 2024
BILL NUMBER: HB 1047 BILL AMENDED: Jan 16, 2024
SUBJECT: Sexual Offenses.
FIRST AUTHOR: Rep. Negele BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Carrasco
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It provides that an action for injury to a person that results from the sexual abuse of a child, that has
expired under the current statute of limitations, may be commenced at any time against certain
entities seeking bankruptcy protections.
B. It provides that certain images created by artificial intelligence or similar means constitute an
"intimate image" for purposes of the crime of distributing an intimate image.
Effective Date: Upon Passage; July 1, 2024.
Explanation of State Expenditures: Distribution of an intimate image is Class A misdemeanor and a Level
6 felony if the person has a prior unrelated conviction for this offense.
A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of
1 year. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house
an adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This does not include the cost of new
construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for
medical care, food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These
marginal cost estimates are based on contractual agreements with food and medical vendors and projections
based on prior years for clothing and hygiene.
The entire Level 6 sentence may be suspended and the person placed on either probation or community
HB 1047 1 correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Class A
misdemeanor is $5,000 and $10,000 for any felony. Criminal fines are deposited in the Common School
Fund. The total fee revenue per case would range between $113 and $135. The amount of court fees
deposited will vary depending on whether the case is filed in a court of record or a municipal court. The
following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal,
juvenile, and civil violation cases.
Explanation of Local Expenditures: County jail populations could increase if more persons await trial for
Level 6 felonies and for being sentenced for misdemeanors post conviction.
A Class A misdemeanor is punishable by up to one year in jail. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1047 2