LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7239 NOTE PREPARED: Jan 3, 2025
BILL NUMBER: HB 1304 BILL AMENDED:
SUBJECT: Robbery.
FIRST AUTHOR: Rep. Andrade BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that knowingly or intentionally taking a motor vehicle from
another person is robbery, a Level 4 felony. The bill also provides enhancements and makes a confirming
change.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - Longer sentences will increase the Department of
Correction (DOC) population which will increase costs to DOC. Any increase in DOC’s population by
enhancing the penalty for robbery is likely to be minor.
Additional Information - Currently, if a person is robbed of an automobile, it is a Level 5 felony if the person
is threatened or put in a state of fear. This would be a Level 4 felony as proposed. The number of car
robberies under current law is not reported in the Abstracts of Judgment.
Prior to July 1, 2014, carjacking was punished as a Class B felony. Forty persons were convicted of
carjacking as a Class B felony between FY 2018 and FY 2024, for an average of eighteen per year.
This bill increases the criminal penalty from a Level 5 offense to a Level 4, Level 3, or Level 2 felonies. State
expenditures will increase if an offender is subject to a longer sentence, as shown in the following table.
Sentences of Incarceration for Level 5 through Level 2 Felonies
Minimum Advisory Maximum
Level 5 Felony 1 year 3 years 6 years
Level 4 Felony 2 years 6 years 12 years
Level 3 Felony 3 years 9 years 16 years
Level 2 Felony 10 years 17.5 years 30 years
If no time is suspended, the offender can receive good-time credit of 25% and educational credit time and,
HB 1304 1 after adjusting for credit time, released from prison and placed on parole.
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. The estimated average cost
of housing a juvenile in a state juvenile facility was $113,108, or $309.67 daily, in FY 2024. The marginal
cost for juvenile facilities was $8,778 annually or $24.05 daily.
Explanation of State Revenues: Penalty Provision: No change would likely occur in state revenue as a
result of this bill since criminal fines and court fees are the same for all felonies.
Explanation of Local Expenditures: More persons could be confined in a county jail prior to trial. 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: Penalty Provision: No additional revenues would be expected since the
court fees for felonies are the same.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Sheriffs' Association; Department of Correction; Abstracts of Judgment,
Indiana Supreme Court.
Fiscal Analyst: Corrin Harvey, 317-234-9438
HB 1304 2