LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7424 NOTE PREPARED: Mar 11, 2025
BILL NUMBER: HB 1188 BILL AMENDED: Mar 11, 2025
SUBJECT: Resisting Law Enforcement.
FIRST AUTHOR: Rep. Shonkwiler BILL STATUS: CR Adopted - 2
nd
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 use of a vehicle, 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 to a Level 5 felony. It also
increases the criminal penalty for operating a vehicle in a manner that causes serious bodily injury while
resisting or the person has a prior unrelated conviction from a Level 5 to a Level 4 felony. These provisions
will significantly increase the Department of Correction (DOC) offender population by 880 in FY 2026 and
up to 2,695 in FY 2030. As a result, it will increase DOC’s operating costs by $4.15 M in FY 2026 and up
to $12.72 M in FY 2030 and each year after.
As of February 1, 2025, the operational bed capacity at DOC adult facilities was at 87.42%. The estimated
state impact could be greater to the extent new admissions exceed total operational bed capacity.
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 2027FY 2028FY 2029FY 2030FY 2031
Added Population: 880 1,881 2,657 2,688 2,695 2,695
Added Costs to DOC (in millions): $4.15 $8.88 $12.54 $12.68 $12.72 $12.72
This estimate is based on the marginal cost of $4,719 in FY 2024 held constant over these four years.
HB 1188 1 (Revised) Additional Information - On average, about 11% 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 1.58
years, and while 68% of all persons who are sentenced as a Level 5 felony are committed to a DOC facility
for 3.69 years. As a result, this population would likely remain in prison for additional 2.0 years, including
adjustments for 25% good credit time. An additional 57% 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 52.5% 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 (2020-2024), Indiana Supreme Court; Department of
Corrections, Offender Population Statistical Report (January 2025),
https://www.in.gov/idoc/files/policy-and-procedure/statistical-data/offender-population-statistical-reports
/2025/Offender-Population-Statistical-Report-January.pdf;
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852, Corrin Harvey, 317-234-9438
HB 1188 2