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 6280 NOTE PREPARED: Dec 1, 2023
BILL NUMBER: HB 1256 BILL AMENDED:
SUBJECT: Auto Theft and Carjacking.
FIRST AUTHOR: Rep. Andrade BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Reenact – It reenacts the crimes of auto theft and carjacking. (The auto theft provision was repealed
in 2018 and the carjacking provision was repealed in 2013.)
B. Carjacking – It makes the penalty for carjacking a Level 4 felony, but increases the penalty to a
Level 3 felony (if committed with a deadly weapon or results in bodily injury) or a Level 2 felony
(if it results in serious bodily injury).
C. Auto Theft – It makes the penalty for auto theft a Level 5 felony and increases the penalty to a Level
4 felony if the person has a prior conviction or the aggregate fair market value of the motor vehicle
or vehicle parts exceeds $50,000. Makes conforming changes and technical corrections.
Effective Date: July 1, 2024.
Explanation of State Expenditures: This bill could increase DOC’s offender population by 328 in FY 2025
and 706 in FY 2026. This would increase DOC’s operating costs by $1.46 M in FY 2025 and $3.15 M in FY
2026 and each year afterwards.
Auto Theft – The added population would result primarily by enhancing the base penalty for auto theft from
Level 6 felony to a Level 5 felony.
An average 7% of all persons who are sentenced for a Level 6 felony are committed to a DOC facility for
0.8 year length of stay, and an average 42% of all persons who are sentenced for a Level 5 felony are
committed to a DOC facility for an average length of stay of 2.0 years.
HB 1256 1 Currently 7% of persons who are sentenced for a Level 6 felony are committed to DOC for an average length
of stay of 0.8 years. This population would remain in prison for an additional 1.2 years. An additional 35%
of these persons would now be committed for two years in prison who otherwise would have had their
sentenced suspended and be placed in community supervision.
The following table shows the added population that would be in DOC facilities by enhancing this Level 6
to a Level 5 felony.
FY 2025FY 2026FY 2027FY 2028FY 2029
Added Population 328 706 706 706 706
FY 2023 marginal cost $4,455 $4,455 $4,455 $4,455 $4,455
Added Cost to DOC (in $M) $1.46 $3.15 $3.15 $3.15 $3.15
Any population increase from enhancing the penalty from Level 5 to Level 4 for cases where there is a prior
conviction is likely to be minor. On average, there were 36 convictions for auto theft as a Level 5 felony.
Enhancing this to a Level 4 felony is estimated to increase the DOC population by 13 persons. About 42%
of all persons who were sentenced for a Level 5 felony are committed to DOC for an average 2.6 years while
an average 62% of all persons who were sentenced for a Level 4 felony are committed to a DOC facility for
an average five years.
Carjacking – Any increase in DOC’s population by enhancing the penalty from robbery to carjacking is
likely to be minor. Currently, if a person is robbed of an automobile, it is a Level 5 felony if the person is
threatened or put in a state of fear. This would be a Level 4 felony as proposed. The number of car robberies
under current law is not reported in the Abstracts of Judgment.
Prior to July 1, 2014, carjacking was punished as a Class B felony. Fifty-six persons were convicted of
carjacking as a Class B felony between FY 2013 and 2018, for an average eight per year.
Explanation of State Revenues: There would be no change in state revenue because criminal fines and court
fees are the same for all felonies.
Explanation of Local Expenditures: More persons could be confined in a county jail prior to trial. 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: There would be no change in revenues because court fees are the same
for all felonies.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Sheriffs’ Association; Department of Correction; Abstracts of Judgment,
Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1256 2