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: Feb 22, 2024
BILL NUMBER: SB 293 BILL AMENDED: Feb 22, 2024
SUBJECT: Trespass.
FIRST AUTHOR: Sen. Maxwell BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Rep. Jeter
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) The bill provides that a person commits trespass if the person does
not have a contractual interest in the property and knowingly or intentionally enters or refuses to leave the
property of another person after having been prohibited from entering or asked to leave the property by a law
enforcement officer, if the officer was dispatched to the property after a person with a contractual interest
in the property requested the presence of a law enforcement officer at the property.
Effective Date: July 1, 2024.
Explanation of State Expenditures: (Revised) Expanding the criminal trespass statute to include a situation
where a person has been prohibited from entering or asked to leave the property by a law enforcement officer
who was dispatched to the property (at the request of a person having a contractual interest), may result in
additional cases of criminal trespass, a Class A misdemeanor. 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: (Revised) Expanding the criminal trespass statute to include a situation
where a person has been prohibited from entering or asked to leave the property by a law enforcement officer
SB 293 1 who was dispatched to the property (at the request of a person having a contractual interest), may result in
additional cases of criminal trespass, a Class A misdemeanor (or Level 6 felony on certain properties).
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.
(Revised) Additional Information: Currently, (in addition to other specific property types and/or situations),
criminal trespass requires that an owner or agent of a property to first deny entry to a person or ask a person
to leave. If the person knowingly or intentionally enters or refuses to leave the property, the person commits
criminal trespass. An agent includes an operator, manager, adult employee, or security agent employed by
store, but does not include a law enforcement officer. It is unknown how many additional criminal trespass
cases might be filed if a law enforcement officer would not need to require the presence of the owner or
owner’s agent to be present to tresspass an individual.
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