LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6597 NOTE PREPARED: Dec 16, 2024
BILL NUMBER: SB 171 BILL AMENDED:
SUBJECT: Abortion Matters.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Abortion Inducing Drug: The bill prohibits a person from knowingly or
intentionally: (1) prescribing or possessing an abortion inducing drug; or (2) sending an abortion inducing
drug to a person located in Indiana, if the person located in Indiana possesses the abortion inducing drug. It
provides that each offense is a Class A misdemeanor with a Level 6 felony for subsequent offenses. The bill
also establishes a defense to possessing an abortion inducing drug, and it provides for the discipline of a
practitioner for a violation.
The bill gives the Attorney General concurrent jurisdiction of actions concerning abortion inducing drugs.
Assistance for Abortion Inducing Drugs: The bill prohibits a nonprofit organization in Indiana from
providing or offering to provide financial assistance to pay for, offset the cost of, or reimburse the cost of
an abortion inducing drug.
Affidavit: The bill requires a woman who is pregnant as a result of rape or incest to provide to her physician
an affidavit attesting to the rape or incest before the physician performs the abortion.
Coverage for Abortion Inducing Drugs: It prohibits state employee health plans, the state Medicaid program,
policies of accident and sickness insurance, and health maintenance contracts from providing coverage for
an abortion inducing drug.
The bill makes conforming amendments.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Attorney General (AG): The bill could potentially increase the
workload of the AG to the extent the AG exercises prosecutorial power over the county prosecuting attorney
to enforce a criminal law. The actual impact will depend on local action.
Penalty Provisions: The bill makes a prior unrelated offense of prescribing or possessing an abortion
SB 171 1 inducing drug, as prescribed in the bill, a Level 6 felony. 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. Assuming 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. However, any additional expenditures are likely to be small.
Explanation of State Revenues: The bill makes prescribing or possessing an abortion inducing drug, as
prescribed in the bill, a Class A misdemeanor, which elevates to a Level 6 felony for subsequent offenses.
If additional court cases occur and fines are collected, revenue to both the Common School Fund (from
criminal fines) and the state General Fund (from court fees) would increase. The maximum fine for a Class
A misdemeanor is $5,000 and for a Level 6 felony is $10,000. 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.
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; Attorney General.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Karen Rossen, 317-234-2106.
SB 171 2