Indiana 2024 2024 Regular Session

Indiana House Bill HB1098 Introduced / Fiscal Note

Filed 01/04/2024

                    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