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 6319 NOTE PREPARED: Dec 8, 2023
BILL NUMBER: SB 96 BILL AMENDED:
SUBJECT: Possession of controlled substance paraphernalia.
FIRST AUTHOR: Sen. Breaux BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill defines "fentanyl test strip". It also provides that the possession of a
fentanyl test strip is not a crime.
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: If fewer court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would decrease. Any reduction in revenue is expected to
be minor. [The Indiana Prosecuting Attorneys Council reports that no prosecuting attorneys have yet to file
a criminal charge for using test strips for testing for the presence of fentanyl.]
The maximum fine for a Class A misdemeanor is $5,000 and $500 for a Class C misdemeanor. 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.
Additional Information – OFMA found 90 convictions between CY 2015 and 2023 in the Odyssey case
management system for possessing a device to test the strength, effectiveness, or purity of a controlled
substance as either a Class A or C misdemeanor.
Explanation of Local Expenditures: Counties may save money in two ways: First, public defenders and
SB 96 1 county paid pauper attorneys would not be required to represent these persons. Second, the county jail
population and probation offices may have fewer commitments. Any reduction in either the county jail
population or the probation caseload is expected to be minor.
A Class A misdemeanor is punishable by up to one year in a county jail while a Class C misdemeanor is
punishable by up to 60 days in a county 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.
Explanation of Local Revenues: If fewer criminal filings occur and convictions are entered, less revenue
will be collected by certain local units. Any revenue reduction is expected to be minor.
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: Odyssey Case Management System, Indiana Supreme Court, Indiana Prosecuting
Attorneys Council.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 96 2