LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7227 NOTE PREPARED: Jan 14, 2025
BILL NUMBER: SB 342 BILL AMENDED:
SUBJECT: Address Registry for Unlawful Aliens.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill requires an unlawful alien to register with the local law enforcement
authority in the alien's county of residence. It makes failure to register a Class A misdemeanor, and increases
the penalty to a Level 6 felony for a second or subsequent offense.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Bureau of Motor Vehicles: This bill requires the Bureau of Motor
Vehicles (BMV) to establish a registration to track the reported names and addresses of aliens unlawfully
present in the state. The cost will depend on how the BMV chooses to implement it and whether existing
systems can be used. If the BMV can modify existing licensing and registration systems to meet this
requirement, the cost will be significantly less than if a new system has to be developed and fielded.
An estimated 102,000 aliens would be required to register under this bill, which would cause a significant
workload increase for the BMV. Assuming visits for the affected population will average the same as for
lawful residents (13 minutes), the workload increase to implement this provision of the bill will be that of
approximately 12 full-time equivalent employees, with a lower sustained net increase in workload after initial
implementation is complete. Existing staffing and resource levels, if currently being used to capacity, may
be insufficient for full implementation. The additional funds and resources required could be supplied
through existing staff and resources currently being used in another program or with new appropriations.
Ultimately, the source of funds and resources required to satisfy the requirements of this bill will depend on
legislative and administrative actions.
Penalty Provisions: The penalty provisions of this bill will only have a direct impact on state expenditures
in the event an alien has a prior, unrelated conviction for a violation of the bill’s requirements. 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. 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
SB 342 1 medical care, food, and clothing is approximately $4,719 annually, or $12.93 daily, per 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. The entire Level 6 sentence may be suspended and the person placed on
either probation or community correction. If no time is suspended, the offender can receive good time credit
of 50% and educational credit time. After adjusting for credit time, the offender can be released from prison
and placed on parole.
Additional Information – Other potential costs to the BMV will vary depending on how the bill is
implemented. The bill does not specify if or how a parent should register children and does not provide that
minor children are to be treated differently than adults. An estimated 6,000 individuals affected by this bill
are under the age of 16. The bill does not specify if a card or other evidence of registration is to be provided
to the alien at the time of registration, nor if proof of address is required at the time of registration. The bill
does not specify whether the registration system is to be available to outside agencies. Decisions regarding
these variables could add to the costs and workload of the registration process as well as the costs to develop
the IT infrastructure.
Explanation of State Revenues: Penalty Provisions: The penalty provisions of this bill will only have a
direct impact on state expenditures in the 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
A misdemeanor is $5,000 and the maximum fine for a Level 6 felony is $10,000. 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.
Explanation of Local Expenditures: Penalty Provisions: A Class A misdemeanor is punishable by up to
one year 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: Penalty Provisions: 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.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service;
https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/IN;
https://www.govloop.com/indiana-bmv-builds-on-three-pillars-to-drive-up-cx/
Fiscal Analyst: Alexander Raggio, 317-234-9485.
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