LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7523 NOTE PREPARED: Feb 4, 2025
BILL NUMBER: HB 1393 BILL AMENDED: Jan 27, 2025
SUBJECT: Immigration Notice.
FIRST AUTHOR: Rep. Bascom BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Freeman
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill provides that, in the event that a law enforcement officer arrests an
individual for a felony or a misdemeanor and has probable cause to believe that the individual is not lawfully
present in the United States, the officer's law enforcement agency shall notify the county sheriff of the
probable cause during the individual's intake process.
The bill provides that a law enforcement officer shall arrest an individual in lieu of issuing a summons for
a misdemeanor if the law enforcement officer has probable cause to believe that the individual is not lawfully
present in the United States. The bill also requires the county sheriff to notify the proper authority.
The bill provides that a law enforcement agency, including a county sheriff, or a law enforcement officer or
other employee of a law enforcement agency, is immune from civil liability if there is reasonable belief that
the notification requirements under this statute have been fulfilled.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Notifications: See Explanation of Local Expenditures.
Explanation of State Revenues:
Explanation of Local Expenditures: Arrests for Misdemeanors: This bill requires law enforcement officers
to arrest, rather than issue a summons to, individuals they have probably cause to believe are not lawfully
present in the United States. This will increase the number of arrests and the number of people being held
in local jails and detention facilities. If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. 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.
Notifications: This bill requires law enforcement officers to make certain notifications regarding an arrested
individual during the intake process of a jail or detention facility. It also requires sheriffs to notify
HB 1393 1 immigration officials of information reported to them by arresting agencies. This is likely to require adoption
or modification of internal standard operating procedures. The bill’s requirements constitute a workload
increase, but any increase should be met within existing agency resources.
Explanation of Local Revenues: Immunity: This bill provides that law enforcement officers and agencies
are immune from civil liability if they have reasonable belief that the requirements of this bill have been
fulfilled. This provision will not likely have a fiscal impact.
State Agencies Affected: Law enforcement agencies.
Local Agencies Affected: Law enforcement agencies.
Information Sources: U.S. Department of Justice Marshals Service.
Fiscal Analyst: Alexander Raggio, 317-234-9485.
HB 1393 2