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 6027 NOTE PREPARED: Oct 27, 2023
BILL NUMBER: SB 293 BILL AMENDED:
SUBJECT: Trespass.
FIRST AUTHOR: Sen. Maxwell BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill provides that "agent", for purposes of certain provisions of the trespass
statute, includes a law enforcement officer if the owner of the property requested the presence of a law
enforcement officer at or near the property.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Expanding the definition of “agent” for the purposes of certain criminal
trespass provisions, to include a law enforcement officer if the officer’s presence has been requested on or
near the property, may result in additional cases of criminal trespass, a Class A misdemeanor. However,
criminal trespass is a Level 6 felony if it is committed on a scientific research facility, a facility belonging
to a public utility, school property, a school bus, or if the person has a prior trespass offense on the same
property.
A Level 6 felony 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: Expanding the definition of “agent” for the purposes of certain criminal
trespass provisions, to include a law enforcement officer if the officer’s presence has been requested on or
near the property, may result in additional cases of criminal trespass, a Class A misdemeanor (or Level 6
felony on certain properties).
SB 293 1 If additional court cases occur and fines are collected, revenue to both the Common School Fund (from
criminal fines) and the state General Fund (from court fees) would increase. The maximum fine for a Class
A misdemeanor is $5,000. The maximum fine for a 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.
Additional Information: Currently, if the owner or agent of a property (which includes an operator, manager,
adult employee, or security agent employed by store) has denied entry to a person (who does not have a
contractual interest in the property) or has asked a person to leave, and the person knowingly or intentionally
enters or refuses to leave the property, the person commits criminal trespass. Expanding the definition of
“agent,” as provided by the bill, would apply when the person who owns the property or has a contractual
interest in the property, is not present, and has requested a law enforcement officer to act in their absence
to deny entry to a person or ask a person to leave. It is unknown how many criminal trespass cases involve
a law enforcement officer when the owner or owner’s agent is not present.
Explanation of Local Expenditures: A Class A misdemeanor is punishable by up to one year in jail. For
Level 6 felonies, if more defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations may increase. 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. However, any additional expenditures would likely be
small.
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: 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: Heather Puletz, 317-234-9484.
SB 293 2