LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6611 NOTE PREPARED: Jan 2, 2025
BILL NUMBER: HB 1186 BILL AMENDED:
SUBJECT: Law Enforcement Matters.
FIRST AUTHOR: Rep. Bartels BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Special Death Benefit - This bill provides that a correctional professional is
considered a public safety officer for purposes of determining eligibility for line of duty death benefits.
(Current law provides that a correctional officer is considered a public safety officer for determining
eligibility line of death benefits.)
Jurisdiction Agreements - The bill provides that a law enforcement officer who: (1) has successfully
completed Tier II or Tier III basic requirements; or (2) has completed a pre-basic program and will timely
complete Tier II or Tier III basic training requirements; may only exercise police powers when the law
enforcement officer is carrying out the duties of the law enforcement agency that appointed the law
enforcement officer within the geographic jurisdiction of the appointing law enforcement agency. It provides
that a Tier II or Tier III program graduate may exercise certain police powers outside the jurisdiction of the
appointing law enforcement agency if the appointing law enforcement agency enters into an agreement with
another law enforcement agency that is authorized to employ a Tier II or Tier III program graduate, or an
entity that sets forth the extent of police powers the law enforcement officer may exercise.
Highway Worksite Violations - The bill makes changes to penalties for highway worksite violations.
Criminal Recklessness (Misdemeanors) - It increases the penalty for criminal recklessness from a Class B
to a Class A misdemeanor.
Criminal Recklessness (Felonies) - It provides that criminal recklessness is a:
(1) Level 6 felony if the crime is committed while armed with a deadly weapon or is committed
while operating a vehicle;
(2) Level 5 felony if the person committed pointing a firearm while committing aggressive driving;
(3) Level 4 felony if the crime is committed by shooting a firearm into a dwelling or other building
or place where people are likely to gather or the person commits aggressive driving that results in
serious bodily injury to another person; or
(4) Level 3 felony if the crime is committed by shooting a firearm into an occupied motor vehicle
or the person committed aggressive driving that results in the death or catastrophic injury of another
HB 1186 1 person.
Serious Violent Felon - It provides that a Level 3, Level 4, or Level 5 felony of criminal recklessness is
considered a serious violent felony for purposes of unlawful possession of a firearm by a serious violent
felon.
Hospital Police Rights - The bill also adds a hospital police department to the definition of police
departments required to provide police officers with certain rights.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Criminal Recklessness: This bill could increase the Department of
Correction (DOC) offender population by 35 in FY 2026 and up to 340 in FY 2033. It would increase DOC’s
operating costs by $165,165 in FY 2026 and up to $1.60 M in FY 2033 and each year afterwards.
The following table shows the added population that would be committed to DOC by enhancing criminal
recklessness.
FY 2026FY 2027FY 2028FY 2029FY 2030FY 2031FY 2032FY 2033
Added Population: 35 70 113 189 266 329 339 340
Added Costs to DOC:$165,165$330,330$531,772$892,835$1.25 M$1.55 M$1.59 M$1.60 M
This estimate is based on the marginal cost of $4,719 in FY 2024 held constant over these six years.
State expenditures will increase if an offender is subject to a longer sentence, as shown in the following table.
Minimum Advisory Maximum
Level 3 3 years 9 years 16 years
Level 4 2 years 6 years 12 years
Level 5 1 year 3 years 6 years
Level 6 6 months 1 year 30 months
Special Death Benefit: The bill expands coverage to correctional professionals that dies in the line of duty
while serving on state active duty. If such a death occurs, it would increase expenditures from the Special
Death Benefit Fund. The survivors of an individual who dies in the line of duty receive a benefit amount of
$225,000. As of June 30, 2023, the balance in the Special Death benefit Fund totaled $9.3 M. [Correctional
professional includes a correctional officer, correctional police officer, or any employee of the Department
of Correction.]
Jurisdiction Agreements: The bill may increase workload for state agencies, such as Medicaid Fraud division,
Secretary of State investigators, state fire marshals, and inspector general investigators, that employ Tier II
or Tier III program graduates if they decide to create and enter agreements with other law enforcement
agencies to allow those program graduates certain police powers outside their geographical jurisdiction. It
should be able to be implemented with no additional appropriations, assuming near customary agency
HB 1186 2 staffing and resource levels.
Additional Information - Aggressive Driving Causing Serious Bodily Injury (Level 6 to Level 4): OFMA
found that 82% of Level 4 felons were confined in DOC for an average 7.71 years, while 8% of Level 6
offenders were confined in DOC for an average 1.91 years. As a result, this population would remain in
prison for an additional 4.80 years, including 25% good credit time.
Shooting a Firearm into a Dwelling or Building (Level 5 to Level 4): OFMA found that 48% of Level 5
offenders were confined in DOC for an average 3.75 years, while the average length of sentence for all Level
4 crimes against persons (IC 35-42) is 7.71 years. Between FY 2018 and 2024, approximately 621 persons
have been convicted and sentenced for shooting a firearm into a dwelling or building as a Level 5 criminal
recklessness. As a result, this population would remain in prison for an additional 3.00 years, including 25%
good credit time.
Aggressive Driving Causing Death (Level 5 to Level 3): The bill enhances the criminal penalty for aggressive
driving causing death from a Level 5 to a Level 3 felony. Between FY 2018 and 2024, OFMA found 16
persons who have been convicted and sentenced for aggressive driving that resulted in death or catastrophic
injury. The average length of sentence for all Level 3 crimes against persons (IC 35-42) is 9.54 years, while
a Level 5 felony is 4.65 years. As a result, this population will remain in prison for an additional 3.70 years,
including 25% good credit time.
Shooting Firearm into an Occupied Motor Vehicle (Level 3): This bill establishes a new crime. Under current
law, shooting a firearm into a dwelling, building, or place where people are likely to gather is a Level 5
felony. It is possible that this new crime is already prosecuted under IC 35-42-2-2(b)(2)(A). Therefore,
OFMA assumes 13% of the average number of convictions (78) per year could involve shooting a firearm
into an occupied motor vehicle. As a result, this population will remain in prison for an additional 4.40 years,
including 25% good credit time.
Criminal Recklessness (Level 6 and Level 5): The bill provides that if a person commits criminal recklessness
while operating a vehicle, the offense is a Level 6 felony. It also provides that a person who points a firearm
in violation of IC 35-47-4-3 while committing aggressive driving, commits a Level 5 felony. These provisions
will likely have a minor effect on state expenditures. It is likely that these offenders will be supervised in the
community (probation, community corrections, or both) and experience shorter confinement in DOC.
Serious Violent Felon: The bill adds criminal recklessness as a Level 3, Level 4, and Level 5 to the list of
serious violent felonies. Under IC 35-47-4-5, a serious violent felon who knowingly or intentionally
possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.
An average 65% of these person who were convicted of being a serious violent offender were committed to
a DOC facility between FY 2015 and 2024.
Felony Marginal Cost: 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.
Criminal Recklessness (Misdemeanor B to Misdemeanor A): A person who recklessly, knowingly, or
intentionally performs an act that creates a substantial risk of bodily injury to another person commits
HB 1186 3 criminal recklessness, a Class A misdemeanor instead of a Class B misdemeanor. This provision will could
increase local expenditures to the extent more defendants are confined in county jails. However, any increase
will likely be minor. [See Explanation of Local Expenditure for details.]
Criminal Recklessness: These offense under criminal recklessness would be changed by the bill’s provisions
as shown in the table below.
Offenses Under Criminal Recklessness (IC 35-42-2-2)
Offense: Current: Proposed:Estimated Length
of Stay:
Criminal recklessness (IC 35-42-2-2(a)) Class B
misdemeanor
Class A
misdemeanor
0 days - 180 days or
0 days - 1 year
Aggressive driving causing serious bodily injury Level 6 Level 4 5.80 years
Estimated Additional Length of Sentence 74% more time in DOC
Shooting a firearm into a dwelling or building Level 5 Level 4 5.80 years
Estimated Additional Length of Sentence 34% more time in DOC
Aggressive driving causing death Level 5 Level 3 7.20 years
Estimated Additional Length of Sentence 40% more time in DOC
Shooting firearm into an occupied motor vehicle - Level 3 7.20 years
Estimated Additional Length of Sentence 40% more time in DOC
Under current law, Level 6 offenders earn one day of credit time for each day incarcerated (50%), while
Level 3, Level 4, and Level 5 offenders may earn one day of credit time for every three days incarcerated
(75%).
Highway Worksite Penalties: The bill increases the criminal penalties for highway worksite violations. Based
on previous commitments to the DOC, Level 6 offenders are likely to be confined in DOC facilities for an
average 90 days and Level 5 offenders are likely to be confined for 180 days. Persons convicted and
sentenced as a Level 5 or Level 6 felony under IC 9-21-8-56 are more likely supervised in the community
(probation, community corrections, or both) for a longer period of time rather than confined in DOC.
Therefore, the bill would likely have a minor effect on the DOC offender population.
The bill changes the following criminal penalties for highway worksite violations as shown in the following
table.
Offenses under Highway Worksite Penalty Violations (IC 9-21-8-56)
Offense: Current: Proposed:
IC 9-21-8-56(c) Operates a motor vehicle in the vicinity of a highway worksite
when workers are present with intent to damage traffic control devices or
inflict bodily injury on a worker
Class A
misdemeanor
Level 5
HB 1186 4 Offenses under Highway Worksite Penalty Violations (IC 9-21-8-56)
Offense: Current: Proposed:
IC 9-21-8-56(d) Aggressive driving or speed contest in the vicinity of a
highway worksite when workers are present
Class A
misdemeanor
Level 6
IC 9-21-8-56(g) Offense results in bodily injury to a worker Level 6 Level 5
IC 9-21-8-56(h) Offense results in the death or a worker in the worksite Level 5 Level 4
IC 9-21-8-56(i) Highway worksite violations Class B
infraction
Class A
infraction
Explanation of State Revenues: Penalty Revenue: More revenue to the Common School Fund could be
collected if a larger criminal fine is assessed by the sentencing court. However, any increase in revenue is
likely to be small. The maximum fine for a Class A misdemeanor is $5,000, and a Class B misdemeanor is
$1,000, while the maximum fine for all felonies is $10,000. Court fees for both misdemeanors and felonies
are the same.
The maximum fine for a Class A infraction is $10,000. Infractions are deposited in the General Fund while
criminal penalties are deposited in the Common School Fund.
Court fee revenue (1) for infraction cases currently ranges between $85.50 and $103, whereas (2)
misdemeanor and felony cases 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: Jurisdiction Agreements: The bill may increase workload for a local
law enforcement agency that employs Tier II or Tier III program graduates if they decide to create and enter
agreements with other law enforcement agencies to allow those Tier II or Tier III program graduates certain
police powers outside their geographical jurisdiction. It should be able to be implemented with no additional
appropriations, assuming near customary agency staffing and resource levels.
Hospital Police Rights: The bill gives certain rights for police officers that work at hospital police
departments. The bill’s requirements are within the agency’s routine administrative functions and should be
able to be implemented with no additional appropriations, assuming near customary agency staffing and
resource levels.
Criminal Recklessness (Felonies): An increase in the pretrial jail population may occur since more
defendants who are charged with a higher level felony will be remain in a county jail for a longer period of
time before trial.
[The average cost per day 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.]
Criminal Recklessness (Misdemeanors): This provision will likely have minimal effect on the county jail
population. OFMA found 362 convictions between FY 2017 and 2024 in the Odyssey Case Management
HB 1186 5 System for criminal recklessness as a Class B or Class A misdemeanor.
The following table shows the number of people convicted, average sentences in days, and the percentage
of people confined and/or supervised between FY 2017 and FY 2024 for criminal recklessness.
Average Convictions
Per Year
Average
Sentence in Days
Percentage
Suspended
Percentage of People
Confined and/or
Supervised*
Misdemeanor B 49 238 days 60% 44%
Misdemeanor A 2 338 days 63% 40%
*A person can be confined in county jail or supervised on probation, community corrections, or both.
More persons are convicted of criminal recklessness as a Class B misdemeanor instead of a Class A
misdemeanor. Both the Class A or B misdemeanor are more likely to have their sentences suspended and
supervised in the community.
Highway Worksite Penalties: The bill will likely increase the number of persons detained in county jails prior
to their sentencing and post sentencing. Persons who are convicted and sentenced for highway worksite
violations as Level 6 felony (70%) are confined in county jail for 118 days post sentencing.
The bill would also add supervisory workloads to probation departments and community corrections agencies
because over 87% of persons convicted and sentenced for highway worksite violations as either a Level 5
or Level 6 felony were supervised after either being released from DOC, or post sentencing jail time. Persons
convicted as a Level 5 felon are supervised in the community for an average 2.49 years, while Level 6 felons
are supervised for an average 1.41 years.
Explanation of Local Revenues: Infractions: If additional court actions occur and a judgement is entered,
more revenue will be collected by certain local units. If the case is filed in a court of record, the county will
receive $33.90 and qualifying municipalities will receive a share of $2.10. If the case is filed in a municipal
court, the county receives $20, and the municipality will receive $33.50.
Criminal Penalty: If a felony or misdemeanor 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: Indiana Public Retirement System; Department of Correction.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: Abstracts of Judgment, Indiana Supreme Court; Department of Corrections; US
Marshal Service; Indiana Law Enforcement Academy, https://www.in.gov/ilea/about-the-academy/.
Indiana Public Retirement System, https://www.in.gov/inprs/files/INPRSAnnualReportBook_FY23.pdf.
Fiscal Analyst: Nate Bodnar, 317-234-9476; Corrin Harvey, 317-234-9438.
HB 1186 6