LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7424 NOTE PREPARED: Mar 7, 2025
BILL NUMBER: HB 1188 BILL AMENDED: Feb 13, 2025
SUBJECT: Resisting Law Enforcement.
FIRST AUTHOR: Rep. Shonkwiler BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Carrasco
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 by 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. This bill could
increase the Department of Correction (DOC) offender population by 180 in FY 2026 and up to 548 in FY
2028 for enhancing resisting law enforcement from a Level 6 to a Level 5 felony. It would increase DOC’s
operating costs by $851,719 in FY 2026 and up to $2.59 M in FY 2028 and each year after.
The following table shows the estimated additional population that would be committed to DOC by
increasing the criminal penalty for resisting law enforcement from a Level 6 to a Level 5 felony.
FY 2026FY 2027 FY 2028 FY 2029
Added Population: 180 386 548 548
Added Costs to DOC: $851,719$1,823,833$2,585,275$2,585,275
This estimate is based on the marginal cost of $4,719 in FY 2024 held
constant over these four years.
(Revised) Additional Information - On average, about 12% of all persons who are sentenced for resisting law
enforcement (IC 35-44.1-3-1(c)) as a Level 6 felony are committed to a DOC facility for a sentence of 1.59
years, and while 76% of all persons who are sentenced as a Level 5 felony are committed to a DOC facility
for 3.71 years. As a result, this population would likely remain in prison for additional 2.0 years, including
HB 1188 1 adjustments for 25% good credit time. An additional 65% of offenders would now be committed to DOC for
a longer sentence than persons who are convicted for resisting law enforcement as a Level 6 felony.
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. The 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: There would be no change in state revenue because criminal fines and court
fees are the same for all felonies.
Explanation of Local Expenditures: (Revised) An increase in the pretrial jail population may occur since
more defendants charged with a higher level felony will be remain in a county jail for a longer period of time
before trial. However, the bill could also potentially reduce the number of persons confined post sentencing
as a Level 6 felony. About 55% of persons convicted of resisting law enforcement as a Level 6 felony were
confined in county jails post sentencing.
[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.]
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: Abstracts of Judgment, Indiana Supreme Court
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852, Corrin Harvey, 317-234-9438
HB 1188 2