Indiana 2025 2025 Regular Session

Indiana House Bill HB1188 Introduced / Fiscal Note

Filed 02/14/2025

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7424	NOTE PREPARED: Feb 14, 2025
BILL NUMBER: HB 1188	BILL AMENDED: Feb 13, 2025
SUBJECT: Resisting Law Enforcement.
FIRST AUTHOR: Rep. Shonkwiler	BILL STATUS: CR Adopted - 1st House
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: (Revised)  Summary - This bill changes the felony level for resisting
law enforcement with a vehicle  while drawing a deadly weapon, inflicting bodily injury or operating the
vehicle in a way that could cause substantial risk of bodily injury from a Level 6 felony, into a Level 5
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 $169,000 from increased time spent within DOC beginning in
FY 2027.
(Revised)  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.
According to the Abstracts of Judgment, between FY 2021 and FY 2024, an average of 223 individuals were
convicted annually for resisting arrest while drawing a deadly weapon, inflicting bodily harm, or operating
a vehicle in a way that could cause bodily harm as a Level 6 felony by with 8% committed to the DOC with
an average commitment time of 1.5  years.
Assuming similar numbers of persons between FY 2021-2024 and DOC commitment rates, increasing the
felony level for resisting police from Level 6 to Level 5 will increase state expenditures by $169,000 due to
longer time spent in DOC.
Explanation of State Revenues:  (Revised) 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.
HB 1188	1 Explanation of Local Expenditures: 
Explanation of Local Revenues: (Revised)  No additional revenues would be expected since the court fees
for Level 6 and Level 5 felonies are the same.
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