LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6704 NOTE PREPARED: Jan 14, 2025
BILL NUMBER: SB 419 BILL AMENDED:
SUBJECT: Crimes Against Health Care Providers.
FIRST AUTHOR: Sen. Carrasco BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Battery: The bill defines "health care provider". It provides that the offense of
battery is a Level 6 felony if it is committed against a health care provider while the health care provider is
acting within the scope of the health care provider's duties.
It provides that the offense of battery is a Level 5 felony if it is committed against a health care provider
while the health care provider is acting within the scope of the health care provider's duties and:
(1) it results in bodily injury to the health care provider; or
(2) the person places bodily fluids or waste on the health care provider.
Intimidation: The bill provides that the offense of intimidation is a Level 5 felony if the subject of the threat
or the person to whom the threat is communicated is a health care provider and the threat relates to the
person's status as a health care provider. It makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill raises certain Class B misdemeanors to Level 6 felonies and
Class A misdemeanors to Level 5 felonies. These provisions could increase state expenditures if an offender
is incarcerated in a state prison rather than in a local jail. A Level 6 felony is punishable by a prison term
ranging between 6 to 30 months, with an advisory sentence of 1 year. A Level 5 felony is punishable by a
prison term ranging between 1 to 6 years, with an advisory sentence of 3 years.
Additional Information: Based on FY 2020 to FY 2024 data, there are about 2,000 convicted charges each
year that these enhancements could potentially apply to; however, the number of victims that were health
care providers, acting within the scope of their work, or where the charge related to the person’s status as
a health care provider is not known.
The entire Level 6 or Level 5 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% (Level 6)
SB 419 1 or 25% (Level 5) and educational credit time. After adjusting for credit time, the offender can be released
from prison and placed on parole.
The period of incarceration will depend upon 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 incremental cost per offender for medical care, food, and clothing is approximately $4,719 annually, or
$12.93 daily.
Explanation of State Revenues: More revenue to the Common School Fund could be collected if a larger
criminal fine is assessed by the sentencing court. The maximum fine for a Class B misdemeanor is $1,000;
for a Class A misdemeanor is $5,000; and for all felony levels is $10,000. Court fees are the same for both
misdemeanors and felonies.
Explanation of Local Expenditures: If an offender is sentenced to state prison rather than to a county jail,
the costs to the county may be reduced. The maximum term of imprisonment for a Class B misdemeanor is
up to 180 days, and for a Class A misdemeanor is one year. The average cost per day to incarcerate a prisoner
is $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: Court fees for both misdemeanors and felonies are identical.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: U.S. Department of Justice Marshals Service.
Fiscal Analyst: Heather Puletz, 317-234-9484.
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