LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6904 NOTE PREPARED: Dec 30, 2024
BILL NUMBER: SB 354 BILL AMENDED:
SUBJECT: Search and Seizure.
FIRST AUTHOR: Sen. Gaskill BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill prohibits a governmental agent from entering real property that is owned
or occupied by a landowner without a warrant and provides certain exceptions. The bill requires a
governmental agent, upon entering real property, to:
(1) take reasonable action to notify the landowner that the governmental agent has entered;
(2) show the landowner a copy of the warrant, if applicable; and
(3) activate any law enforcement recording device that is issued to the governmental agent.
The bill provides that evidence obtained by entry on real property without a warrant or without a valid
exception is inadmissible and provides that a person may not be arrested if the probable cause for the arrest
results solely from entry on real property without a warrant or valid exception. It also establishes a civil cause
of action if a governmental agent enters real property without a warrant or valid exception.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This bill requires U.S., state, and local government agents to have a
warrant to enter property except in certain emergency situations. This may require agencies to modify current
training and standard operating procedures to align with new state law. Such changes are within each
agencies’ routine administrative functions and should be able to be implemented with no additional
appropriations, assuming near customary agency staffing and resource levels.
Landowners and tenants whose real property is entered into may file a civil case against a law enforcement
agency if an agency violated the procedure within the bill. This could increase litigation expenses of law
enforcement agencies if proper search procedures are not followed.
Explanation of State Revenues: If additional civil cases occur and court fees are collected, revenue to the
state General Fund will increase. The total revenue per case would range between $100 and $122. The
amount 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
civil, probate, and small claims cases.
SB 354 1 Explanation of Local Expenditures: See Explanation of State Expenditures.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected: Law enforcement agencies
Local Agencies Affected: Trial courts, city and town courts; law enforcement agencies
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852
SB 354 2