LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6065 NOTE PREPARED: Oct 21, 2024
BILL NUMBER: HB 1034 BILL AMENDED:
SUBJECT: Indecent Displays by Incarcerated Individuals.
FIRST AUTHOR: Rep. Heaton BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill creates the crime of indecent exposure in a penal facility, a Class C
misdemeanor.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Individuals who are incarcerated in a DOC facility may be confined
for a longer period of time if found guilty of this new misdemeanor. Any additional expenditures are likely
to be minimal.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund (from fines) and the state General Fund (from court fees) would increase. The
maximum fine for a Class C misdemeanor is $500. The total fee revenue per case would range between $113
and $138. 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 C misdemeanor is punishable by up to 60 days 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: Department of Correction
HB 1034 1 Local Agencies Affected: Trial courts, municipal courts, and law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
HB 1034 2