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 6800 NOTE PREPARED: Jan 4, 2024
BILL NUMBER: SB 217 BILL AMENDED:
SUBJECT: Abortion Matters.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Abortion Inducing Drugs: The bill prohibits the prescribing or possessing of an
abortion inducing drug. It provides for the discipline of a practitioner and a Class A misdemeanor for a
violation of the prohibition with a Level 6 felony for subsequent offenses. It establishes a defense to
possessing an abortion inducing drug.
It also gives the Attorney General concurrent jurisdiction of actions concerning abortion inducing drugs.
Assistance for Abortion Inducing Drugs: The bill prohibits a nonprofit organization in Indiana from
providing or offering to provide financial assistance to pay for, offset the cost of, or reimburse the cost of
an abortion inducing drug. The bill also prohibits the state or a political subdivision of the state from
assisting an individual in seeking or obtaining an abortion, and it allows for the state or a political subdivision
to inform an individual of alternatives to an abortion.
Affidavit: The bill requires a woman who is pregnant as a result of rape or incest to provide to her physician
an affidavit attesting to the rape or incest before the physician performs the abortion.
Coverage for Abortion Inducing Drugs: It prohibits state employee health plans, the state Medicaid program,
policies of accident and sickness insurance, and health maintenance contracts from providing coverage for
an abortion inducing drug.
The bill makes conforming amendments.
Effective Date: July 1, 2024.
SB 217 1 Explanation of State Expenditures: Attorney General (AG): The bill could potentially increase the
workload of the AG to the extent the AG exercises prosecutorial power over the county prosecuting attorney
to enforce a criminal law. The actual impact will depend on local action.
Penalty Provision: The penalty for a prior, unrelated offense is a Level 6 felony, which is punishable by a
prison term ranging from 6 to 30 months, with an advisory sentence of 1 year. The sentence depends on
mitigating and aggravating circumstances. Assuming 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. However, any additional expenditures are likely to be small.
Explanation of State Revenues: Abortion Inducing Drugs: If additional court cases occur and fines are
collected from prescribing or possession of an abortion inducing drug, a Class A misdemeanor, revenue to
both the Common School Fund and the state General Fund would increase. The maximum fine for a Class
A misdemeanor is $5,000 and for a Level 6 felony 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: A Class A misdemeanor is punishable by up to one year in 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 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: Attorney General; Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual; Department of Correction.
Fiscal Analyst: Karen Rossen, 317-234-2106.
SB 217 2