LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6096 NOTE PREPARED: Oct 28, 2024
BILL NUMBER: HB 1317 BILL AMENDED:
SUBJECT: Surrender of Firearms for Domestic Violence Crimes.
FIRST AUTHOR: Rep. Smith V BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a person who:
(1) has been convicted of a crime of domestic violence; and
(2) knowingly or intentionally possesses a firearm; commits a Class A misdemeanor.
This bill also requires a court to issue an order, upon entry of a judgment of conviction for domestic battery
or a crime of domestic violence, that:
(1) prohibits ownership or possession of a firearm;
(2) requires the defendant to surrender:
(A) any firearm owned or possessed by the defendant; and
(B) any license or permit to carry a handgun (license) owned or possessed by the defendant; and
(3) requires confiscation, within 72 hours, of any firearm or license owned or possessed by the defendant.
It also provides that a domestic batterer who knowingly or intentionally fails to surrender a certain firearm
or license commits a Class A misdemeanor, enhanced to a Level 6 felony in specific instances. The bill
specifies how a confiscated firearm or license shall be returned or disposed of if a person's right to possess
a firearm is restored, specifies certain defenses, defines certain terms, and makes conforming amendments.
Effective Date: July 1, 2025.
Explanation of State Expenditures: A Level 6 felony is punishable by a prison term ranging from 6 to 30
months, with an advisory sentence of 1 year. The sentence depends on mitigating and aggravating
circumstances. 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. These 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
HB 1317 1 The entire Level 6 sentence may be suspended and the person placed on either probation or community
correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Class A
misdemeanor is $5,000 and the maximum fine for a Level 6 felony is $10,000. Criminal fines are deposited
in the Common School Fund. The total fee revenue per case would range between $113 and $138. The
amount of court fees deposited will vary depending on whether the case is filed in a court of record or a
municipal court. The following linked document describes the fees and distribution of the revenue: Court
fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: A Class A misdemeanor is punishable by up to one year in jail. The
average cost per day to incarcerate a prisoner 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: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
HB 1317 2