LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6724 NOTE PREPARED: Jan 2, 2025
BILL NUMBER: SB 437 BILL AMENDED:
SUBJECT: Critical Infrastructure.
FIRST AUTHOR: Sen. Bohacek BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This 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.
Effective Date: July 1, 2025.
Explanation of State Expenditures: This bill would likely have little or no effect on the Department of
Correction (DOC) offender population because no one has been convicted of these offenses as a Level 6,
Level 5, or Level 4 felonies since FY 2015.
The following felonies could be affected by this bill:
Level 6 Felony: A person entering the real property of a critical infrastructure facility without the permission
of the owner of the critical infrastructure facility or an authorized person would commit “critical
infrastructure trespass” as a Level 6 felony. OFMA found no persons convicted and sentenced for critical
infrastructure trespass since FY 2015. [About 8% of persons who were convicted and sentenced for criminal
trespassing as a Level 6 felony received an executed sentence of an average 353 days to be confined in a
DOC facility.]
Level 5 Felony: A person who recklessly, knowingly, or intentionally damages or defaces property of a
critical infrastructure facility where the pecuniary loss is less than $50,000 commits “critical infrastructure
facility mischief”, as a Level 5 felony. [About 52% of persons who were convicted and sentenced for Level
5 felonies involving property crimes such as burglary received an executed sentence to be confined in a DOC
facility for an average 2.95 years.]
Level 4 Felony: A person who commits “critical infrastructure facility mischief” where the pecuniary loss
is at least $50,000 or if the damage causes a substantial interruption or impairment of a critical infrastructure
utility service rendered to the public, commits a Level 4 felony. [About 66% of persons who were convicted
and sentenced for Level 4 property crimes such as burglary received an executed sentence to be confined in
SB 437 1 a DOC facility for an average 5.5 years]
Additional Information - 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 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
Explanation of State Revenues: More revenue would be deposited into the Common School Fund. 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.
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 any level 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: 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 average cost per day 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: 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; prosecuting attorneys; county
sheriffs.
Information Sources: Abstracts of Judgment, Indiana Supreme Court; Department of Correction; U.S.
Department of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 437 2