LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6555 NOTE PREPARED: Dec 10, 2024
BILL NUMBER: SB 114 BILL AMENDED:
SUBJECT: Test Strips.
FIRST AUTHOR: Sen. Pol BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill removes provisions related to testing the strength, effectiveness, or purity
of a controlled substance in the criminal laws concerning possession of controlled substance paraphernalia.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This would have little or no effect on the Department of Correction
(DOC) offender population because no one has been convicted of manufacturing (IC 35-48-4-8.1(2)) or
selling (IC 35-48-4-8.5(b)) paraphernalia as a Level 6 felony since FY 2015.
Explanation of State Revenues: If fewer court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would decrease. Any reduction in revenue is expected to
be minor.
Additional Information – OFMA found 285 convictions between FY 2018 and 2024 in the Odyssey Case
Management System and Abstracts of Judgment for possessing a device to test the strength, effectiveness,
or purity of a controlled substance as either a Class A or C misdemeanor. The maximum fine for a Class C
misdemeanor is $500, $5,000 for a Class A misdemeanor, and $10,000 for any felony. The total fee revenue
per criminal case ranges between $113 and $138.
[OFMA found one person charged of dealing in paraphernalia (IC 35-48-4-8.5(a)(2)) as a Class A infraction
between FY 2017 and 2024. The maximum judgment for a Class A infraction is $10,000. The total court fee
revenue per case would range between $85.50 and $103.]
The amount of court fees deposited varies 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: Counties may save money in two ways. First, public defenders and
county paid pauper attorneys would not be required to represent these persons. Second, the county jail
SB 114 1 population and probation offices may have fewer commitments. Any reduction in either the county jail
population or the probation caseload is expected to be minor.
A Class A misdemeanor is punishable by up to one year in a county jail while a Class C misdemeanor is
punishable by up to 60 days in a county 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: Summary - If fewer criminal filings occur and convictions are entered, less
revenue will be collected by certain local units. Any revenue reduction is expected to be minor.
The following table shows the court fee revenue distribution for a felony, misdemeanor, and infraction
violation case. The linked document describes the fees and distribution of the revenue: Court fees imposed
in criminal, juvenile, and civil violation cases.
Court Fee Revenue Distribution per Felony, Misdemeanor, and Infraction Case
Unit Where a Case is
Filed
Felony and Misdemeanor Infraction
County $30 - $47.40 $20 - $33.90
Municipality $3 - $46 $2.10 - $33.50
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual; Abstracts of Judgment;
Odyssey Case Management System.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
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