LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6758 NOTE PREPARED: Dec 23, 2024
BILL NUMBER: SB 245 BILL AMENDED:
SUBJECT: Abortion Inducing Drugs.
FIRST AUTHOR: Sen. Johnson T BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill provides that a person who knowingly or intentionally engages in the use
of an abortion inducing drug, including Mifepristone or Misoprostol, on a pregnant woman without the
knowledge or consent of the pregnant woman, commits a Level 5 felony.
It prohibits a person from knowingly or intentionally sending Mifepristone or Misoprostol to another person
located in Indiana, if the other person located in Indiana possesses the Mifepristone or Misoprostol. It also
provides that each offense is a Class A misdemeanor with a Level 6 felony for subsequent offenses.
The bill adds Mifepristone and Misoprostol to the list of Schedule IV drugs.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - The bill will minimally increase the number of people
incarcerated for 1) using abortion inducing drug on a pregnant woman without her knowledge or consent,
2) enhanced penalties concerning sending Mifepristone or Misoprostol to a person located in Indiana, or 3)
enhanced penalties for a Schedule IV controlled substance crime.
The entire Level 5 or Level 6 sentence may be suspended and the person placed on either probation or
community corrections. If no time is suspended, the offender can receive good time credit of 25% and
educational credit time. After adjusting for credit time, the offender can be released from prison and placed
on parole.
A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of
1 year, a Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence
of 3 years, and a Level 4 felony is punishable by a prison term ranging from 2 to 12 years, with an advisory
sentence of 6 years. The sentence depends on mitigating and aggravating circumstances. 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
SB 245 1 prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors
and projections based on prior years for clothing and hygiene. The estimated average cost of housing a
juvenile in a state juvenile facility was $113,108, or $309.67 daily, in FY 2024. The marginal cost for
juvenile facilities was $8,778 annually or $24.05 daily
Explanation of State Revenues: Penalty Provision: 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 felony offense is $10,000 and for a Class A misdemeanor is $5,000. Criminal fines are deposited in the
Common School Fund. 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.
Controlled Substance Excise Tax: The Controlled Substance Excise Tax is due when a person illegally
manufactures or possesses a controlled substance. The excise tax is $20 per gram, pill, capsule, hit, rock, or
dosage of a Schedule IV controlled substance.
Explanation of Local Expenditures: Penalty Provision: If more defendants are detained in county jails
prior to their court hearings or convicted of a Class A misdemeanor, which is punishable by up to one year
in jail, 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.
Explanation of Local Revenues: Penalty Provision: 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; Department of Revenue.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service; Indiana
Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Karen Rossen, 317-234-2106.
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