LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7332 NOTE PREPARED: Feb 17, 2025
BILL NUMBER: HB 1662 BILL AMENDED: Feb 17, 2025
SUBJECT: State and Local Policies on Homelessness.
FIRST AUTHOR: Rep. Davis BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) Criminal Liability: This bill specifies that a person who owns or
operates a private camping facility funded under the bill's provisions is immune from civil liability. It
prohibits an individual from camping, sleeping, or using for long term shelter land owned by the state or a
political subdivision, unless the land has been authorized for that use under law.
The bill provides, if certain elements are met, that a person who knowingly or intentionally uses land owned
by the state or a political subdivision for unauthorized camping, sleeping, or long term shelter commits a
Class C misdemeanor. It establishes an affirmative defense to such a prosecution and prohibits a political
subdivision from adopting or enforcing any policy that prohibits or discourages the enforcement of any order
or ordinance prohibiting public camping, sleeping, or other obstruction of a sidewalk. It also authorizes a
resident of the political subdivision, an owner of a business located in the political subdivision, or the
Attorney General to bring a civil action to enjoin a political subdivision that adopts or enforces such a policy.
The bill makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Office of the Attorney General (AG): The bill grants the Attorney
General the discretion to bring civil action against political subdivisions that discourage the enforcement of
public camping prohibitions. The Attorney General can implement the bill with existing staff and resources.
Explanation of State Revenues: If the AG files a civil action against a political subdivision and prevails,
the AG may recover reasonable expenses, including court costs, reasonable attorney’s fees, investigative
costs, witness fees, and deposition costs.
Criminal Fee Revenue: 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 C misdemeanor is
$500. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would range
HB 1662 1 between $113 and $135. 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.
Civil Fee Revenue: If additional civil cases occur and court fees are collected, revenue to the state General
Fund will increase. The total revenue per case would range between $100 and $122. The amount 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 civil, probate, and
small claims cases.
Explanation of Local Expenditures: Civil Actions: If civil actions are filed against a political subdivision,
local expenditures may increase to pay for the cost of litigation and court fees. The specific impact would
depend on local action.
Criminal Penalty: The bill provides that a person who knowingly or intentionally uses land owned by the
state or a political subdivision for unauthorized camping, sleeping, or for long-term shelter commits a Class
C misdemeanor. It also establishes a defense against prosecution to the extent there are no services or shelters
available within a certain amount of miles unspecified by the bill. It is unknown how many additional
convictions might occur as a result of the bill’s provisions.
A Class C misdemeanor is punishable by up to 60 days 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: Criminal Fee Revenue: 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.
Civil Fee Revenue: If additional cases occur, revenue will be collected by certain local units. If the case is
filed in a court of record, the county will receive $32 and qualifying municipalities will receive a share of
$3. If the case is filed in a municipal court, the county receives $20, and the municipality will receive $37.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: Trial courts, city and town courts; local units.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: James Johnson, 317-232-9869.
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