LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6704 NOTE PREPARED: Feb 20, 2025
BILL NUMBER: SB 419 BILL AMENDED: Feb 17, 2025
SUBJECT: Crimes Against Health Care Providers.
FIRST AUTHOR: Sen. Carrasco BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Engleman
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: 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, and a Level 5 felony if it is committed
against a health care provider by placing bodily fluids or waste on the health care provider.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill raises certain battery offenses committed against a health care
provider from a Class B misdemeanor to a Level 6 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.
Additional Information: Based on FY 2020 to FY 2024 data, there are about 800 convicted misdemeanor
battery charges each year that these felony 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.
An entire sentence may be suspended for Level 6 or Level 5 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 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.
SB 419 1 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. 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: 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.
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