LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7676 NOTE PREPARED: Jan 29, 2025
BILL NUMBER: HB 1554 BILL AMENDED: Jan 30, 2025
SUBJECT: Driving with Suspended Driving Privileges.
FIRST AUTHOR: Rep. Bascom BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill specifies that the penalty for a operating a motor vehicle
while under a lifetime forfeiture of driving privileges is: (1) a Level 6 felony, if the forfeiture occurred before
July 1, 2015; and (2) a Level 5 felony, if the forfeiture occurred after June 30, 2015.
Effective Date: July 1, 2025.
Explanation of State Expenditures: (Revised) Summary - The bill provides clarification on felony penalties
for individuals who operate a motor vehicle with a lifetime driving privilege suspension. Any impact on
General Fund expenditures for incarceration costs is indeterminable.
(Revised) Additional Information - Currently, persons who operate a motor vehicle with a lifetime suspension
can be prosecuted as either a Level 6 felony [IC 9-30-10-16(a)(1)] or a Level 5 felony [IC 9-30-10-17(a)(1)].
The bill specifies that violation of IC 9-30-10-17(a)(1) is punishable as a Level 6 felony if the forfeiture
occurred before June 30, 2015, and a Level 5 felony if the forfeiture occurred after June 30, 2025.
The following table shows the sentencing experiences of persons convicted of IC 9-30-10-16(a)(1) and IC
9-30-10-17(a) and held by the Department of Correction (DOC). No information was available concerning
when individuals convicted of a Level 5 felony initially had their driving privileges suspended.
Offense Felony Average
Convictions Per
Year
Post-Trial
Sentencing
Percent
Confined in
DOC
Percent in
Community
Supervision
Average
Length of
Stay
Lifetime suspension
IC 9-30-10-17(a)(1)
Level 5 476 17% 35% 75% 2.40 years
Any suspension
IC 9-30-10-16(a)(1)
Level 6 813 43% 7% 80% 0.80 year
HB 1554 1 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: 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 either Level 5 or Level 6 felonies.
Explanation of Local Expenditures: (Revised) The bill could increase the population that is confined in
county jails post sentencing. As a result, if more persons are confined in county jails post sentencing, local
expenditures will increase.
A person who is convicted and sentenced for IC 9-30-10-16(a)(1) as a Level 6 felony is more likely to be
confined in county jail post sentencing and placed on community supervision (either probation, community
corrections, or both) after their period of confinement. Between FY 2016 and 2024, about 43% of persons
convicted as a Level 6 felony were confined in county jail post sentencing compared to 17% of persons
convicted and sentenced for IC 9-30-10-17(a)(1) as a Level 5 felony.
Explanation of Local Revenues: Penalty Provision: No additional revenues would be expected since the
court fees for Level 5 and Level 6 felonies are the same.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies; county sheriffs.
Information Sources: Abstracts of Judgment, FY 2016 and FY 2024, Indiana Supreme Court; Department
of Correction; Bureau of Motor Vehicles, Suspensions and Reinstatements,
https://www.in.gov/bmv/licenses-permits-ids/suspension-and-reinstatement/common-traffic-violations/#:
~:text=180%20consecutive%20days.-,Habitual%20Traffic%20Violator%20(HTV),driver%20qualifies%
20as%20a%20HTV.
Fiscal Analyst: Bill Brumbach, 317-232-9559; Corrin Harvey, 317-234-9438.
HB 1554 2