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 7056 NOTE PREPARED: Jan 9, 2024
BILL NUMBER: HB 1379 BILL AMENDED:
SUBJECT: Unborn Children.
FIRST AUTHOR: Rep. Sweet BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It modifies the definition of "human being" in the criminal code to include an unborn child. It
removes applicability language concerning certain abortions in the wrongful death or injury of a
child statutes.
B. It clarifies the duress defense relating to culpability.
C. It repeals the section that provides that the homicide chapter does not apply to certain abortions. It
removes language from the murder, manslaughter, and involuntary manslaughter statutes regarding
intentionally killing a fetus. It repeals the crime of feticide. It repeals the section that concerns the
applicability of certain crimes related to abortion, the termination of a pregnancy, or the killing of
a fetus.
D. It provides that the homicide and battery chapters apply to a victim who is an unborn child.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Any added offender population to DOC’s facilities is indeterminable
and will depend on the discretion of prosecuting attorneys to file criminal charges.
Filings for the following offenses would likely be affected.
HB 1379 1 Offense Felony LevelSentencing RangePercent Committed to DOC
Murder Murder 45 to 65 years 100%
Voluntary Manslaughter Level 2 10 to 30 years 78%
Involuntary Manslaughter Level 5 1 to 6 years 42%
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. The marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene.
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 all felony levels
is $10,000. 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: More criminal charges for murder and Level 2 felonies would likely
increase the pretrial population on county jails.
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: 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: Department of Correction
Local Agencies Affected: Prosecuting attorneys, sheriffs, trial courts
Information Sources: Indiana Supreme Court Abstracts of Judgment; Department of Correction; U.S.
Department of Justice Marshals Service
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1379 2