LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6704 NOTE PREPARED: Feb 14, 2025
BILL NUMBER: SB 419 BILL AMENDED: Feb 13, 2025
SUBJECT: Crimes Against Health Care Providers.
FIRST AUTHOR: Sen. Carrasco BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) 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.
Critical Infrastructure: The bill provides, for purposes of criminal statutes regarding offenses involving
critical infrastructure, that a communications services facility includes wires and equipment used to provide
communications service to a customer.
It makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: (Revised) The bill raises certain battery and intimidation offenses
committed against a health care provider from a Class B misdemeanor to a Level 6 felony and from a Class
A misdemeanor to Level 5 felony. 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.
SB 419 1 Additionally, the bill provides, for purposes of criminal statutes regarding offenses involving critical
infrastructure, that a communications services facility includes wires and equipment used to provide
communications service to a customer. These offenses are Level 6, Level 5, or Level 4 felonies, depending
on whether the person enters property without permission, defaces property, causes damage over $50,000,
or causes a serious interruption in utility services.
(Revised) Additional Information: Based on FY 2020 to FY 2024 data, there are about 2,000 convicted
battery and intimidation 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.
Trespass offenses specifically related to critical infrastructure were enacted in 2019. There has been one
conviction for a Level 5 felony since it was enacted. Critical infrastructure facilities include various
chemical, steel, electrical, water, gas, transportation, pharmaceutical, petroleum, and dam facilities. An
offense for critical infrastructure facility trespass is a Level 6 felony, enhanced to a Level 5 felony for
recklessly, knowingly, or intentionally damaging or defacing property, and enhanced to a Level 4 felony for
pecuniary loss of at least $50,000 or if the damage causes a substantial interruption or impairment of a
critical infrastructure utility service rendered to the public.
An entire sentence may be suspended for Level 6, Level 5, and Level 4 convictions and the person placed
on either probation or community corrections. If no time is suspended, the offender can receive good time
credit of 50% (Level 6) or 25% (Level 5 and Level 4) 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: (Revised) 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.
Additionally, persons who are convicted for conspiracy to commit an offense involving critical infrastructure,
are also fined a civil judgment that does not exceed $100,000.
Explanation of Local Expenditures: (Revised) If an offender is sentenced to state prison rather than to a
county jail, the costs to the county may be reduced. However, as felony levels increase, persons will
generally be confined in county jails while awaiting trial at a higher rate and for a longer period of time. 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: (Revised) If additional court actions occur and guilty verdicts are entered,
due to the expansion of the definition regarding offenses involving critical infrastructure, 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,
SB 419 2 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.
The increases in penalties for battery and intimidation involving a health care provider should not impact
local revenue as 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; Corrin Harvey, 317-234-9438.
SB 419 3