Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0172 Introduced / Fiscal Note

Filed 02/20/2024

                    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 6848	NOTE PREPARED: Feb 20, 2024
BILL NUMBER: SB 172	BILL AMENDED: Feb 15, 2024 
SUBJECT: Compensation for Victims of Violent Crime.
FIRST AUTHOR: Sen. Crider	BILL STATUS: As Passed House
FIRST SPONSOR: Rep. McNamara
FUNDS AFFECTED: GENERAL	IMPACT: State
XDEDICATED
XFEDERAL
Summary of Legislation: This bill has the following provisions:
A. It amends definitions of emergency shelter care, motor vehicle, violent crime, and victim of a child
sex crime. It changes out-of-pocket loss to out-of-pocket expenses. 
B. It provides that certain records obtained by the Victim Services Division (Division) of the Criminal
Justice Institute are to remain confidential. It provides that, where justice requires, the Division may
award compensation before an information or indictment is filed. It adds procedures for claim denial
by the Division. 
C. It provides that an award may not be made unless the claimant has incurred an out-of-pocket expense
or loss-of-income that exceeds $100. 
D. It adds that the Division may order the payment of compensation for reasonable, documented
expenses that were incurred within 180 days of the violent crime. 
E. It provides that the Director may extend the 180 days to two years for mental health counseling. 
F. It requires written verification of all losses and expenses requested before making an award. It adds
procedures for application denial and appeals. It repeals the law relating to payment of compensable
losses, hearings concerning the merits of an application, decisions by a hearing officer, the reduction
of awards, and appealing the findings of a hearing officer.
Effective Date:  July 1, 2024.
Explanation of State Expenditures: This bill would likely have a minor change in the amounts awarded
under this fund. That is because the current maximum payment of $15,000 remains unchanged. 
SB 172	1 Besides the provisions described in the synopsis, this bill also adds new terms and definitions and makes
other changes in eligibility. 
! “Out-of-pocket expense” would replace out of pocket loss and would include funeral, creation and
burial expenses and certain medical services. 
! “Loss of income” would be the wages the victim would have earned had the victim not died or been
injured, if the victim was employed when the crime occurred.
! It also makes victims of incest eligible for victims compensation if the victim was intoxicated at
when the crime occurred. 
! It permits a spouse who takes time off work to care for a victim to be eligible for compensation.
Under current law, a spouse of a victim can receive compensation only when the victim has died. 
The Violent Crime Victims Compensation Fund receives money from federal Victims of Crime Act (VOCA)
grants, court fees, General Fund appropriations, and portions of DOC offender earnings, punitive damages,
and restitution orders. The average payment per claim is $6,839 for Violent Crimes Victims Compensation
Fund and $3,883 for the Sexual Assault claims. 
Explanation of State Revenues: 
Explanation of Local Expenditures: 
Explanation of Local Revenues: 
State Agencies Affected: Criminal Justice Institute
Local Agencies Affected: 
Information Sources: Criminal Justice Institute 
Fiscal Analyst: Mark Goodpaster,  317-232-9852.
SB 172	2