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 6169 NOTE PREPARED: Nov 9, 2023
BILL NUMBER: HB 1255 BILL AMENDED:
SUBJECT: Children of Victims of Certain Driving Offenses.
FIRST AUTHOR: Rep. Andrade BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill defines "child restitution order". The bill requires the court to order a
person to pay child restitution if: (1) the person caused the death of a victim with a minor child; and (2) the
person was convicted of: (A) operating a vehicle while intoxicated causing death; or (B) resisting law
enforcement while using a vehicle and causing death or catastrophic injury. The bill also provides certain
factors for the court to consider when determining the amount of the child restitution order.
It requires that the convicted person make child restitution order payments to the clerk of court and that the
clerk of court has certain deadlines to deposit and remit the payment after receiving it. The bill also provides
that, if the convicted person is incarcerated, the court may allow not more than one year after release from
incarceration for the convicted person to pay the child restitution order. The bill requires the court to offset
a child restitution order by the amount of certain civil judgments.
Effective Date: July 1, 2024.
Explanation of State Expenditures: This bill could increase the workload of the Criminal Justice Institute
(CJI) to process additional restitution orders. The bill could also increase the workload of the CJI and the
Attorney General to the extent individuals fail to make restitution payments. Increases in workload are within
the routine administrative function of each agency and are expected to have minimal impact.
Additional Information - Between FY 2016 and FY 2020, the Criminal Justice Institute (CJI) reports there
was an average of approximately 100 fatal collisions in the state per year where the operator was under the
influence of alcohol. It is unknown how many of these fatalities were parents of minor children who would
be eligible for child restitution orders under the bill. Additionally, data was not available concerning how
HB 1255 1 many traffic fatalities were the result of resisting law enforcement.
Explanation of State Revenues:
Explanation of Local Expenditures: This bill would increase the workload of the court clerk to process
additional child maintenance orders in certain instances where a traffic fatality has occurred. Additionally,
the court clerk could be required to notify the CJI in instances where an individual has not remitted payment
for court-ordered child maintenance.
Explanation of Local Revenues:
State Agencies Affected: CJI, Attorney General.
Local Agencies Affected: Courts, prosecuting attorneys, law enforcement.
Information Sources: Indiana Criminal Justice Institute 2020 Crash Facts Book.
Fiscal Analyst: Bill Brumbach, 317-232-9559.
HB 1255 2