LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7424 NOTE PREPARED: Feb 17, 2025 BILL NUMBER: HB 1188 BILL AMENDED: Feb 13, 2025 SUBJECT: Resisting Law Enforcement. FIRST AUTHOR: Rep. Shonkwiler BILL STATUS: 2 nd Reading - 1 st 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: 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. 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: 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. Explanation of Local Expenditures: HB 1188 1 Explanation of Local Revenues: 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