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