LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7045 NOTE PREPARED: Jan 2, 2025
BILL NUMBER: SB 440 BILL AMENDED:
SUBJECT: Illegal Immigrants and Motor Vehicle Crimes.
FIRST AUTHOR: Sen. Bohacek BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill adds an aggravating circumstance for an offense involving the use of a
motor vehicle and that the person was illegally or unlawfully present in the United States at the time of the
offense.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - The bill’s impact on state incarceration costs is
indeterminable.
Additional Information - The bill adds a consideration the court can make when determining the sentence
for crimes involving a motor vehicle to include a person’s lawful status in the United States. The bill’s
impact on enhancing criminal sentencing in the state is indeterminable.
The bill could increase sentences for individuals who have their lawful status considered during sentencing,
but increased sentences may not result in increased state incarceration costs for felony convictions as these
offenses are most likely to initiate a deportation proceeding with the federal Department of Homeland
Security and Department of Justice.
Explanation of State Revenues: This bill has no impact on criminal penalty or court fee revenue.
Explanation of Local Expenditures: The bill could be a minimal increase in jail costs if the person is held
longer pre- or post-trial.
Explanation of Local Revenues: This bill has no impact on criminal penalty or court fee revenue.
State Agencies Affected: DOC.
Local Agencies Affected: Local law enforcement, courts.
SB 440 1 Information Sources:
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 440 2