LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6737 NOTE PREPARED: Jan 2, 2025
BILL NUMBER: SB 258 BILL AMENDED:
SUBJECT: Enforcement of Trespassing Laws.
FIRST AUTHOR: Sen. Alting BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill provides that a person who:
(1) has previously been removed by a law enforcement officer from a property for trespassing; or
(2) has a prior conviction for trespassing on the same property;
commits criminal trespass if the person enters the property or refuses to leave the property after having been
prohibited from entering or asked to leave the property by a law enforcement officer.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill may result in additional charges of criminal trespass. It
establishes a criminal trespass offense for situations in which a property owner or owner’s agent is not
present, and a person who has previously been removed from the property by a law enforcement officer, even
if not charged, or has been convicted of criminal trespass on the same property, and the person enters or
refuses to leave. [See Explanation of State Revenue].
It is unknown how many additional criminal trespass charges would be filed. For a situation in which a
person has previously been removed from the property, either without being charged or without a conviction,
the penalty would remain a Class A misdemeanor. For a situation in which a person has been convicted of
criminal trespass on the same property, criminal trespass would be enhanced to a Level 6 felony, the current
enhancement for criminal trespass with a prior conviction.
From FY 2020 to FY 2024, there were only 23 cases in which criminal trespass was the only charge and the
person was committed to the Department of Correction. In all of these cases, the person had a prior
conviction. A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory
sentence of 1 year. Any additional expenditures are likely to be small.
Explanation of State Revenues: The bill may result in additional cases of criminal trespass, a Class A
misdemeanor or Level 6 felony (on certain properties or with a prior conviction). The majority of cases that
include a criminal trespass charge are disposed as misdemeanors. It is unknown how many additional
criminal trespass charges would be filed for situations in which a law enforcement officer trespasses a person
SB 258 1 who has previously been removed or has a conviction for criminal trespass on the same property, when the
owner or owner’s agent is not present. [See Additional Information].
If additional court cases occur and fines are collected, revenue to both the Common School Fund (from 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.
Additional Information: Currently, (in addition to other specific property types and/or situations), criminal
trespass requires an owner or agent of a property to first deny entry to a person or ask a person to leave. If
the person knowingly or intentionally enters or refuses to leave the property, the person commits criminal
trespass. An agent includes an operator, manager, adult employee, or security agent employed by the store,
but does not include a law enforcement officer. It is unknown how many additional criminal trespass cases
might be filed if a law enforcement officer would not require the presence of the owner or owner's agent to
be present to trespass an individual. However, the bill’s provision would only apply to a person who has
previously been removed or convicted of criminal trespass on the same property.
Explanation of Local Expenditures: A Class A misdemeanor is punishable by up to one year in jail. A
Level 6 felony is punishable by a sentence ranging from 6 to 30 months, with an advisory sentence of 1 year.
If more defendants are detained in county jails prior to or after their court hearings, local expenditures for
jail operations may increase. However, any additional expenditures would likely be small.
Explanation of Local Revenues: If additional court actions occur and guilty verdicts are 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.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual; Department of Correction.
Fiscal Analyst: Heather Puletz, 317-234-9484.
SB 258 2