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 6299 NOTE PREPARED: Dec 5, 2023 BILL NUMBER: HB 1098 BILL AMENDED: SUBJECT: Public Voyeurism. FIRST AUTHOR: Rep. Schaibley BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill has the following provisions: A. It provides that the penalty for a person who commits public voyeurism: (1) without the use of a camera is a Class B misdemeanor; or (2) by means of a camera is a Class A misdemeanor. B. It clarifies the mens rea for the Class B misdemeanor public voyeurism. Effective Date: July 1, 2024. Explanation of State Expenditures: 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 B misdemeanor is $1,000, and the maximum fine for a Class A misdemeanor is $5,000. 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: A Class B misdemeanor is punishable by up to 180 days in jail while a Class A misdemeanor is punishable by up to 1 year in jail. The average cost per day to incarcerate a prisoner 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. HB 1098 1 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: Local Agencies Affected: Trial courts, local law enforcement agencies. Information Sources: Fiscal Analyst: Mark Goodpaster, 317-232-9852. HB 1098 2