LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6045 NOTE PREPARED: Sep 23, 2024
BILL NUMBER: HB 1014 BILL AMENDED:
SUBJECT: Consecutive Terms of Imprisonment for Misdemeanors.
FIRST AUTHOR: Rep. Zimmerman BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill limits the total of the consecutive terms of imprisonment to which a
defendant is sentenced for misdemeanor convictions arising out of an episode of criminal conduct.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: There would be no change in state revenue because criminal fines and court
fees are the same for all felonies and misdemeanors. 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: The bill could potentially reduce the population that is confined in
county jails post sentencing. Any reduction in jail population will likely be small. A person who is convicted
and sentenced for a misdemeanor is more likely to be confined for less time or their sentence is suspended
and placed on community supervision (either probation, community corrections, or both) at sentencing.
The total of the consecutive terms imprisonment for misdemeanor convictions would be changed to the
following.
Caps on Consecutive Sentences by Most Serious of Misdemeanors
Offense Type: Misdemeanor CMisdemeanor BMisdemeanor A
Current Cap 0 days - 60 days
per offense
0 days - 180 days
per offense
0 days - 1 year
per offense
Proposed Cap 1 year maximum
for all offenses
2 years maximum
for all offenses
3 years maximum
for all offenses
Under current law, persons who are convicted of more than one misdemeanor in an episode of criminal
conduct could be given longer consecutive sentences. An “episode of criminal conduct” means offenses or
a connected series of offenses that are closely related in time, place, or circumstances. As proposed, if the
most serious offense is a misdemeanor, then the bill limits the total of consecutive terms of imprisonment
HB 1014 1 for a person convicted of a misdemeanor arising out of an episode of criminal conduct.
Additional Information - The following table shows the number of persons convicted, average sentences in
days, and the percentage of persons confined and/or supervised between FY 2019 and FY 2024 for
misdemeanors. OFMA cannot determine how many of these sentences are being served consecutively or
concurrently for a single episode of criminal conduct.
Average
Convictions Per
Year
Average Sentence
in Days
% of Persons
Confined and/or
Supervised*
Misdemeanor A 15,503 323 60.2%
Misdemeanor B 5,471 162 53.2%
Misdemeanor C 5,796 72 51.2%
* For this analysis, a person can be confined in county jail or supervised on probation,
community corrections, or both.
Between FY 2019 and FY 2024, OFMA found on average about 60% of Class A misdemeanors were likely
to be confined in county jail and/or supervised in the community, while persons convicted of a Class B or
Class C misdemeanor were more likely to have their sentences suspended and supervised in the community.
[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.]
The following table shows the most convicted misdemeanor offenses likely to be affected. [This is not an
exhaustive list.]
Offense: Misdemeanor AMisdemeanor BMisdemeanor C
7.1-5-1-3 Public Intoxication X X
9-21-8-52 Reckless Driving X X X
9-24-18-1 Operating a Motor Vehicle Without a License X X
9-24-19-2 Driving While Suspended X
9-26-1-1.1 Leaving the Scene of an Accident X X
9-30-5-2 Operating a Vehicle While Intoxicated X X
9-30-5-1 Operating a Vehicle w/ Alc. Eq. .08 or More X X
35-42-2-1 Battery X X
35-42-2-1.3 Domestic Battery X X
35-43-1-2 Criminal Mischief X X
35-43-2-2 Criminal Trespass X X
35-43-4-2; 2.7 Theft X X
35-43-4-3 Conversion X
35-44.1-3-1 Resisting Law Enforcement X
35-45-1-3 Disorderly Conduct X X
35-46-1-15.1 Invasion of Privacy X
35-47-2-1 Carrying a Handgun Without a License X
35-48-4-7 Possession of a Controlled Substance X
35-48-4-8.3 Possession of Paraphernalia X X X
35-48-4-11 Possession of Marijuana X X
Explanation of Local Revenues: There would be no change in revenues because court fees are the same
for all felonies and misdemeanors. The following linked document describes the fees and distribution of the
HB 1014 2 revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected:
Local Agencies Affected: Trial courts; local law enforcement agencies; community corrections; probation
departments; county sheriffs.
Information Sources: Indiana Supreme Court, Abstracts of Judgment.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1014 3