LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7141 NOTE PREPARED: Jan 30, 2025 BILL NUMBER: HB 1155 BILL AMENDED: Jan 30, 2025 SUBJECT: Signal Jamming Devices. FIRST AUTHOR: Rep. Pierce M BILL STATUS: CR Adopted - 1 st House FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: (Amended) The bill provides that a signal jammer may be seized. It provides that a person who knowingly or intentionally manufactures, offers for sale, imports, markets, sells, possesses, uses, or operates a signal jammer commits unlawful use of a signal jammer, a Level 6 felony. Effective Date: July 1, 2025. Explanation of State Expenditures: (Revised) Signal Jamming Device - A person who knowingly or intentionally uses a signal jammer, commits a Level 6 felony. This new offense would increase the Department of Corrections (DOC) population, but OFMA cannot estimate the number of new DOC commitments that this bill might cause. 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. The average expenditure to house an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (This does not include the cost of new construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,719 annually, or $12.93 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility was $113,108, or $309.67 daily, in FY 2024. The marginal cost for juvenile facilities was $8,778 annually or $24.05 daily. [According to the Federal Communications Commission, federal law prohibits the operation, marketing, or sale of any type of “jamming” equipment that interferes with authorized communication, including cellular and personal communication services, police radar, and global positioning systems. Other states such as Florida, Texas, Arizona, Alabama, Colorado, Connecticut, Illinois, and Tennessee have established laws prohibiting the use of jamming or in-vehicle jamming devices.] Explanation of State Revenues: (Revised) If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a felony HB 1155 1 is $10,000. Criminal fines are deposited in the Common School Fund. 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: (Revised) 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. Juveniles: Persons who are sentenced as juveniles can be either confined in a juvenile detention facility at the state or county level or supervised in a county juvenile probation program. Explanation of Local Revenues: Asset Seizures: The prosecuting attorney would be permitted to seize a radio frequency jamming device that is used by a person to commit unlawful radio frequency jamming. If the property is forfeited, the local law enforcement agencies participating in the seizure may be able to use any seized assets and collect money if these assets are forfeited. 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: Department of Homeland Security Science & Technology, JamX 22 Counter- Jamming Efforts, https://www.dhs.gov/; Cybersecurity & Infrastructure Security Agency, Radio Frequency Interference Best Practices Guidebook, February 2020; https://www.cisa.gov/; Federal Communications Commission, https://www.fcc.gov/general/jammer-enforcement; Department of Correction; U.S. Department of Justice Marshals Service. Fiscal Analyst: Corrin Harvey, 317-234-9438. HB 1155 2