Indiana 2025 2025 Regular Session

Indiana House Bill HB1188 Introduced / Fiscal Note

Filed 02/17/2025

                    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