LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6611 NOTE PREPARED: Feb 18, 2025
BILL NUMBER: HB 1186 BILL AMENDED: Feb 17, 2025
SUBJECT: Law Enforcement Matters.
FIRST AUTHOR: Rep. Bartels BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Baldwin
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 - The bill provides, with certain exceptions, that a law enforcement officer, including a
constable, school resource officer, special deputy, or reserve officer, who has completed a pre-basic course
but who has not completed Tier I or Tier II basic training requirements may not exercise police powers
outside the jurisdiction of the appointing law enforcement agency. It specifies that the immunities and
limitations on liability that apply to a law enforcement officer (and the officer's employing agency) acting
within the officer's jurisdictional area also apply to an officer (and employing agency) acting outside the
jurisdictional area under certain circumstances.
School Resource Officer - The bill provides that a school resource officer who has completed Tier I or Tier
II basic training has statewide jurisdiction. It also provides that a school resource officer may pursue a person
who flees from a school resource officer after the school resource officer has, by visible or audible means,
including the operation of the school resource officer's siren or emergency lights, identified themself and
ordered the person to stop.
Sheriff Training - The bill provides that all deputies, excluding reserve deputies and jail deputies, employed
by the Marion County sheriff's office on July 1, 2025, shall be certified by the law enforcement training
board (board) as Tier II law enforcement officers. It requires the Marion County sheriff's office to submit
to the board a list of deputies who have successfully completed at least the minimum basic training
requirements at the Marion County Sheriff's Office Academy.
Law Enforcement Officer - The bill makes changes to the definition of a "law enforcement officer" for
purposes of mandatory training for law enforcement officers.
Criminal Recklessness (Misdemeanors) - The bill increases the penalty for criminal recklessness from a Class
HB 1186 1 B to a Class A misdemeanor.
Criminal Recklessness (Felonies) - The bill makes pointing a firearm by a passenger in a vehicle whose
driver is committing criminal recklessness a Level 6 felony under certain circumstances.
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. However, any increase is likely to be small.
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.]
Law Enforcement Training Board: The bill would increase workload for the Law Enforcement Training
Board to certify all deputies, excluding reserve deputies, employed by the Marion County sheriff's office on
July 1, 2025 as Tier II law enforcement officers unless the deputy is otherwise certified as a Tier 1 law
enforcement officer. The additional workload should be accomplished within existing resources.
Indiana Law Enforcement Academy (ILEA): The bill would increase expenditures and workload for ILEA
to train additional deputy sheriffs hired by the Marion County Sheriff’s Office. Depending on the amount
of deputy sheriffs from the Marion County Sheriff’s Office that additionally participate in basic training,
ILEA may be able to cover the additional deputy sheriffs from the Marion County Sheriff’s Office within
existing resources or may need to shift resources to accommodate the additional deputy sheriffs.
Additional Information - Shooting Firearm into an Occupied Motor Vehicle (Level 5): 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.
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.
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.
HB 1186 2 Explanation of Local Expenditures: Jurisdiction Agreements: The bill may increase workload for a local
law enforcement agency that employs a law enforcement officer, including a constable, school resource
officer, special deputy, or reserve officer, who has completed a pre-basic course but has not completed Tier
1 or Tier II training, if they decide to create and enter agreements with other law enforcement agencies to
allow those law enforcement officers 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.
Statewide Jurisdiction: The bill may increase workload for a school resource officer with Tier I or Tier II
training to the extent that a school resource officer has to use its law enforcement powers outside its normal
jurisdiction. It should be able to be implemented with no additional appropriations, assuming near customary
agency staffing and resource levels.
Resisting Arrest: The bill allows school resource officers to make an arrest for resisting arrest, which is a
Class A misdemeanor, if the person flees from a school resource officer after the school resource officer has,
by visible or audible means, including the operation of the school resource officer's siren or emergency lights,
identified themself and ordered the person to stop. It may increase Class A misdemeanors for resisting arrest
to the extent that school resources officers pursue and arrests a person who flees. The increase in arrests and
expenditures to the county jail is likely to be small.
Immunity: The bill expands immunity and limitations on liability that apply to a law enforcement officer (and
the officer's employing agency) acting within the officer's jurisdictional area also apply to an officer (and
employing agency) acting outside the jurisdictional area under certain circumstances. If local units are liable
for civil actions against a law enforcement officer, the bill could reduce local expenditures by avoiding costs
for litigation and, if any, civil fines and court fees.
Marion County Sheriff’s Office: The bill would have a short term increase in workload for the Marion
County sheriff to share a list of sheriff’s deputies to the Law Enforcement Training Board. In addition, the
bill would decrease workload and expenditures for the Marion County Sheriff’s Office to the extent newly
hired deputies are sent to ILEA for training instead of Marion County Sheriff’s Office training the deputies.
It should be accomplished within existing resources.
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 (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
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. This provision will
HB 1186 3 likely have minimal effect on the county jail population. OFMA found 362 convictions between FY 2017
and 2024 in the Odyssey Case Management 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.
Explanation of Local Revenues: 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; Indiana Law
Enforcement Board; Indiana Law Enforcement Academy.
Local Agencies Affected: Trial courts; local law enforcement agencies; Marion County Sheriff’s Office;
public schools.
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 4