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 6958 NOTE PREPARED: Jan 5, 2024
BILL NUMBER: HB 1325 BILL AMENDED:
SUBJECT: Firearm Storage.
FIRST AUTHOR: Rep. Gore BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Neglect of a Dependent – It provides that a person having the care of a dependent who recklessly,
knowingly, or intentionally fails to secure a loaded firearm in the person's residence or vehicle
commits neglect of a dependent, a Level 6 felony, if the dependent uses the firearm to cause bodily
injury or death to any person. It enhances the offense to a Level 5 felony in particular instances. It
specifies exceptions and defenses.
B. Sign Requirements – It specifies sign requirements for retail dealers.
C. It defines terms and makes conforming amendments.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Neglect of a Dependent – A Level 6 felony is punishable by a prison
term ranging from six to 30 months, with an advisory sentence of one year. Level 5 felony is punishable by
a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years.
The sentence depends on mitigating and aggravating circumstances. The average expenditure to house an
adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This does not include the cost of new
construction.) 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. These
marginal cost estimates are based on contractual agreements with food and medical vendors and projections
based on prior years for clothing and hygiene.
HB 1325 1 Either the entire Level 5 or 6 sentence may be suspended and the person placed on either probation or
community corrections. If no time is suspended, the offender can receive good time credit of 25% and
educational credit time for a Level 5 felony or 50% for a Level 6 felony. After adjusting for credit time, the
offender can be released from prison and placed on parole.
Explanation of State Revenues: Fees and Fines – If additional court cases occur and fines are collected,
revenue to both the Common School Fund and the state General Fund would increase. Persons who are
convicted and sentenced for a felony or misdemeanor may be liable for a criminal fine, which is deposited
in the Common School Fund. Persons who are convicted of an infraction pay an infraction judgment, which
is deposited in the state General Fund.
The following table shows the fines and judgments associated with the new violations in this bill.
Violation in Bill
Fine /
Judgment:
Deposited
in:
Court
Fee:
Level 5
Felony
Failing to secure a loaded firearm
(if prior unrelated conviction)
$10,000
Common
School Fund
$135
Level 6
Felony
Failing to secure a loaded firearm
(first offense)
Class A
Infraction
Failing to display a sign
(if prior unrelated conviction)
$10,000
State General
Fund
$85.50
and $103
Class C
Infraction
Failing to display a sign
(first offense)
$500
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: Neglect of a Dependent – If more defendants are detained in county
jails prior to their court hearings, local expenditures for jail operations may increase. 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: Neglect of a Dependent – All felonies are filed in a court of record. The
county will receive $47.40 and qualifying municipalities will receive a share of $3.60.
Sign Requirements – Infractions can be filed in either court of record or a municipal court. If the case is filed
in a court of record, the county will receive $33.90 and qualifying municipalities will receive a share of
$2.10. If the case is filed in a municipal court, the county receives $20, and the municipality will receive
$33.50.
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: Department of Correction.
HB 1325 2 Local Agencies Affected: Trial courts, local law enforcement agencies. Trial courts, local law enforcement
agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual Department of Correction;
U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1325 3