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 6894 NOTE PREPARED: Jan 2, 2024
BILL NUMBER: HB 1223 BILL AMENDED:
SUBJECT: Penalties for Drug Dealing.
FIRST AUTHOR: Rep. Haggard BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Serious Bodily Injury – It makes dealing in certain controlled substances a Level 2 felony if use of
the substance results in serious bodily injury.
B. Collateral Consequences – It makes certain collateral consequences (such as licensure, forfeiture,
racketeering, or designation as a serious violent felon) for committing the offense the same as the
collateral consequences of committing dealing in a controlled substance resulting in death.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Serious Bodily Injury – OFMA found no cases in the Abstracts of
Judgment where serious bodily injury occurred and dealing with a controlled substance was the most serious
charge. Consequently, OFMA cannot estimate how much this bill’s enhancement would add to the
Department of Correction (DOC) offender population.
While there is no penalty enhancement for causing either serious or catastrophic bodily injury while dealing
in any drug, dealing in a controlled substance resulting in death is a Level 1 felony. Between FY 2020 and
2023, 33 persons have been sentenced for dealing in a controlled substance resulting in death as a Level 1
felony.
When dealing in a drug as a Level 2 felony is the only offense for which a person is sentenced, 78% of the
persons are committed to a DOC facility with an average sentence length of 11.6 years.
HB 1223 1 “Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes: (1) serious
permanent disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss or
impairment of the function of a bodily member or organ; or (5) loss of a fetus ( IC 35-31.5-2-292)
"Racketeering Activity" – This bill adds the offense of dealing in a controlled substance and causing serious
bodily injury as a “racketeering activity”. Persons who are convicted of engaging in racketeering activity as part
of a criminal enterprise can be convicted and sentenced for “corrupt business influence”, which is a Level 5
felony. [A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence
of 3 years. ]
“Serious Violent Felon” – Persons who are found guilty of dealing in a controlled substance resulting in
serious bodily injury would be classified as serious violent felons. A serious violent felon who knowingly
or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a
Level 4 felony.
Collateral Consequences – The DOC, Department of Homeland Security, Department of Labor, and
Professional Licensing Agency should be able to implement these new requirements of denying or revoking
licenses with existing resources.
Additional Information – 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. The marginal cost estimates are based on contractual agreements with food and medical vendors
and projections based on prior years for clothing and hygiene. The estimated average cost of housing a
juvenile in a state juvenile facility was $112,655 annually, or $308.43 daily, in FY 2023. The marginal cost
for juvenile facilities was $6,325 annually or $17.33 daily.
Explanation of State Revenues: Since the fees and fines are the same for all felony levels, there would be
no change in the revenues collected.
Explanation of Local Expenditures:
Explanation of Local Revenues: Asset Seizures – The prosecuting attorney would be permitted to seize the
real property, money, negotiable instruments, securities, weapons, communications devices, vehicles or any
property commonly used as consideration of a person who is charged with dealing in a controlled substance
causing serious bodily injury. If the property and vehicle are forfeited, the local law enforcement agencies
participating in the seizure may be able to use any seized assets and collect money if these assets are
forfeited.
State Agencies Affected: Department of Correction; Department of Homeland Security; Department of
Labor; Professional Licensing Agency
Local Agencies Affected: Prosecuting attorneys; nonpublic schools; school corporations
Information Sources: Department of Correction; Abstracts of Judgment, Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1223 2