LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7424 NOTE PREPARED: Jan 8, 2025
BILL NUMBER: HB 1188 BILL AMENDED:
SUBJECT: Resisting Law Enforcement.
FIRST AUTHOR: Rep. Shonkwiler BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill increases certain penalties for resisting law enforcement.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - This bill changes the felony level for resisting law
enforcement from a Level 6 felony, into a Level 5 felony. It also changes Level 5 felonies for repeat offenses,
or causing bodily harm with a vehicle while resisting police to a Level 4 felony. State expenditures would
increase if an offender is incarcerated in a state prison for a longer period of time. The estimated cost is
approximately $4.6 M from increased time spent within DOC beginning in FY 2027.
Additional Information - A Level 6 felony is punishable by a prison term ranging between 6 to 30 months,
with an advisory sentence of 1 year, depending upon mitigating and aggravating circumstances. A Level 5
felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. A Level
4 felony is punishable by a prison term ranging from 2 to 12 years, with an advisory sentence of 6 years. If
offenders can be housed in existing facilities with no additional staff, the average cost for medical care, food,
and clothing is approximately $4,719 annually, or $12.93, per prisoner.
According to the Abstracts of Judgment, between FY 2023 and FY 2024, 3,069 individuals were convicted
of resisting arrest as a Level 6 felony with 13% committed to the DOC with an average commitment time
of 1.4 years. 342 individuals were convicted of resisting arrest as a Level 5 felony, with 33% committed to
the DOC post-trail with an average commitment time of 2.4 years.
Assuming similar numbers of persons between FY 2023-2024 and DOC commitment rates, increasing the
felony level for resisting police from Level 6 to Level 5 will increase state expenditures by $2.0 M due to
longer time spent in DOC. Increasing the felony level for Level 5 resisting police convictions to Level 4 will
increase state expenditures by $2.3 M. In total, the state would spend approximately $4.6 M more in
expenditures due to lengthened DOC from resisting police convictions.
HB 1188 1 Explanation of State Revenues: No change would likely occur in state revenue as a result of this bill since
criminal fines and court fees are the same for either Level 6 or Level 5 felonies. The court fees are also the
same between Level 5 and Level 4 felonies.
Explanation of Local Expenditures:
Explanation of Local Revenues: No additional revenues would be expected since the court fees for Level
6 and Level 5 felonies are the same. The court fees are also the same between Level 5 and Level 4 felonies.
State Agencies Affected: Department of Correction
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources:
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
HB 1188 2