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 6906 NOTE PREPARED: Feb 5, 2024
BILL NUMBER: SB 240 BILL AMENDED: Feb 5, 2024
SUBJECT: Public Safety.
FIRST AUTHOR: Sen. Freeman BILL STATUS: 2
nd
Reading - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill provides that a person who knowingly, intentionally, or
recklessly operates a vehicle in a repeated or continuous manner with the intent of causing a rotational skid
commits reckless driving, a Class B misdemeanor, and increases the penalty if certain circumstances apply.
The bill specifies that a person may request specialized driving privileges even after the initial hearing.
The bill also specifies that a vehicle used to commit reckless driving involving a rotational skid or
obstruction of traffic involving a rotational skid is subject to seizure for purposes of civil forfeiture if the
person has a prior unrelated conviction for the offense.
It also increases the penalty for resisting law enforcement to a Level 5 felony if a person operates a vehicle
in a manner that creates a substantial risk of bodily injury to another person. It makes conforming
amendments.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Summary - The bill enhances the criminal penalties for operating a
vehicle in a manner that creates a substantial risk of bodily injury for certain offenses from a Level 6 felony
to a Level 5 felony. It also enhances offenses for reckless driving that are currently enforced as a Class C
infraction to a Level 6 or Level 5 felony, depending on mitigating and aggravating circumstances.
Additional Information - A Level 6 felony is punishable by a prison term ranging between 6 to 30 months,
with an advisory sentence of 1 year. A Level 5 felony is punishable by a prison term ranging from 1 to 6
years, with an advisory sentence of 3 years. The period of incarceration will depend upon mitigating and
SB 240 1 aggravating circumstances. If offenders can be housed in existing facilities with no additional staff, the
marginal cost per offender for medical care, food, and clothing is approximately $4,456 annually, or $12.21
daily.
Explanation of State Revenues: Summary - The bill could increase Class B misdemeanor, Class A
misdemeanor, Level 6 felony, and Level 5 felony convictions in the state, but it could also decrease Class
C infraction judgments for offenses pertaining to motor vehicle operation. The bill could potentially increase
revenue to the Common School Fund, but could reduce revenue that is deposited in the state General Fund.
However, any change in revenue is likely to be small.
Additionally, the bill could increase General Fund revenue from the sale of vehicles seized through civil
forfeiture. Increases in General Fund revenue are indeterminable but expected to be small.
Additional Information -
Substantial Risk of Bodily Injury: No change would likely occur in state revenue as a result of this bill since
criminal fines and court fees are the same for either Level 6 or Level 5 felonies.
Reckless Driving Involving Rotational Skid: The bill creates a new Class B and Class A misdemeanor as well
as a Level 6 and Level 5 felony for reckless driving involving a rotational skid. It is assumed that individuals
who are currently cited for acts that would be considered reckless driving involving a rotational skid would
receive a Class C infraction citation for a violation of motor vehicle law under IC 9-21-8.
Civil Forfeiture: After a seized vehicle is sold through civil forfeiture, investigation and attorney costs are
the first items to be repaid with the sale of the vehicle. Of the remaining amounts, proceeds from vehicles
sold through civil forfeiture are split between three different destinations, with the General Fund receiving
a portion of the revenue.
Penalty Revenue: This bill potentially increases revenue to the Common School Fund, but could also increase
revenue deposited in the General Fund. Fines from (1) are deposited in the General Fund, (2) misdemeanors
are deposited in the Common School Fund, and (3) judgments for felonies are deposited in the General Fund.
The maximum (1) judgment for a Class C infraction is $500, (2) fine for a Class B misdemeanor is $1,000,
(3) fine for a Class A misdemeanor is $5,000, and (4) fine for a Level 6 and Level 5 felony is $10,000.
Besides the issuance of fines, the sentencing court may assess a criminal costs fee if a guilty verdict is
entered. The court fee for an infraction is $70, while the court fee for a misdemeanor is $120. 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: Local expenditures could increase if offenders are incarcerated in local
jails instead of being only fined. A Class B misdemeanor is punishable by up to 180 days in jail, whereas a
Class A misdemeanor is punishable by up to one year in jail. The average daily cost of housing an offender
in jail is $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. There is no term of imprisonment for an infraction.
Explanation of Local Revenues: Reckless Driving Involving Rotational Skid: Local governments could
receive additional revenues from any court fees that are collected for cases that were infractions and are now
misdemeanors. The following linked document describes the fees and distribution of the revenue: Court fees
SB 240 2 imposed in criminal, juvenile, and civil violation cases.
Civil Forfeiture: After a seized vehicle is sold through civil forfeiture, investigation and attorney costs are
the first items to be repaid with the sale of the vehicle. Of the remaining amounts, proceeds from vehicles
sold through civil forfeiture benefit the local general fund and the county law enforcement fund of the local
unit that employs the law enforcement officer that seizes the vehicle.
Substantial Risk of Bodily Injury: Court fees for both misdemeanors and felonies are the same.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: U.S. Department of Justice Marshals Service; Indiana Supreme Court, Indiana Trial
Court Fee Manual
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 240 3