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 6878 NOTE PREPARED: Jan 3, 2024
BILL NUMBER: HB 1312 BILL AMENDED:
SUBJECT: Minimum Age to Leave Child Unattended.
FIRST AUTHOR: Rep. Moed BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a person having the care of a dependent child who is less
than 10 years of age, whether assumed voluntarily or because of a legal obligation, who knowingly or
intentionally leaves the child unattended for an unreasonable amount of time commits neglect of a dependent,
a Class A misdemeanor. It also makes conforming changes.
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 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: Criminal Penalty: There are no data available to indicate how many
offenders may be convicted of leaving an unattended child, a Class A misdemeanor.
A Class A misdemeanor is punishable by up to one 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 1312 1 Defense: The bill provides that it is a defense to a prosecution if the child was being supervised by an
individual at least 13 years of age at the time the alleged act occurred.
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: Corrin Harvey, 317-234-9438.
HB 1312 2