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 6283 NOTE PREPARED: Dec 1, 2023
BILL NUMBER: HB 1356 BILL AMENDED:
SUBJECT: Immunity If Seeking Aid for Drug Overdose Victim.
FIRST AUTHOR: Rep. Garcia Wilburn BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill specifies that the arrest and criminal immunity provisions of the lifeline
law also apply to a person less than 21 years of age who commits an offense involving the possession of a
controlled substance, paraphernalia, or a syringe.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Any deferrals of these persons could reduce commitments to
Department of Correction facilities.
Explanation of State Revenues: Persons who have their cases deferred and later dismissed would not pay
certain court fees. The revenue loss would likely be minor.
Explanation of Local Expenditures: This bill would allow certain possession offenses to be eligible for
this deferral program and place the person in the custody of the court under conditions determined by the
court under the lifeline law. Adding these persons who are charged with these offenses might reduce the
number of arrests and prosecutions and expand the number of persons who might be in deferral programs.
This could reduce the number of persons who are placed in county jails both before and after trial. The
number of persons who might be affected by this bill cannot be determined.
The lifeline law allows persons who have an alcohol related offense from being arrested or prosecuted and
permits them to participate in certain deferral programs.
Additional Information - The following table shows the felonies and misdemeanors described in the bill.
HB 1356 1
Possession Offenses
Controlled
Substance
ParaphernaliaSyringe Maximum Imprisonment Maximum
Fine
Level 6 Felony X X 30 months in a DOC facility$10,000
Class A Misdemeanor X X X 365 days in jail $5,000
Class B Misdemeanor 180 days in jail $1,000
Class C Misdemeanor X X 60 days in jail $500
Explanation of Local Revenues: Persons who have their cases deferred and later dismissed would not pay
certain court fees. The revenue loss would likely be minor.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Local law enforcement agencies; courts with criminal jurisdiction, prosecuting
attorneys.
Information Sources:
Fiscal Analyst: Nate Bodnar, 317-234-9476.
HB 1356 2