LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6488 NOTE PREPARED: Dec 30, 2024
BILL NUMBER: SB 533 BILL AMENDED:
SUBJECT: Sexual Assault Victims' Rights.
FIRST AUTHOR: Sen. Yoder BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: The bill provides certain procedural protections for victims of sexual assault,
including the rights guaranteed to a victim as they relate to:
(1) a victim's ability to have a support person present during a forensic medical exam or an interview
with a law enforcement officer, prosecuting attorney, or defense attorney;
(2) a victim's right to be interviewed by a law enforcement officer of the gender of the victim's
choosing;
(3) the collection and analysis of sexual assault forensic evidence from the victim;
(4) a victim's ability to obtain a copy of a law enforcement report concerning the sexual assault;
(5) notice to victims; and
(6) legal procedures provided to protect a victim during a legal proceeding.
It creates a civil cause of action for a violation of a victim's rights.
The bill establishes the Rights of Victims of Sexual Assault Commission.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Sexual Assault Forensic Evidence: The bill would increase workload
and expenditures for the Indiana State Police (ISP) Laboratory Division as it requires sexual assault forensic
evidence to be analyzed within 90 days of receipt. The ISP maintain four regional laboratories that analyze
evidence from various law enforcement agencies throughout the state. Their 2023 Annual Report states that
the average biology case turnaround time in 2023 was 147 days.
If a sexual assault victim makes a written request, the bill requires law enforcement to provide a complete
copy of all records concerning the sexual assault, free of charge within five days. The ISP should be able to
accomplish this requirement using existing resources.
Rights of Victims of Sexual Assault Commission: The bill establishes the 14-member Rights of Victims of
Sexual Assault Commission, including six state employees (or designees), which is to meet at least annually.
The Indiana Criminal Justice Institute (ICJI) is to provide staff support. The commission is to submit a report
SB 533 1 summarizing their findings and recommendations by December 31, 2026, including whether there is an
ongoing need to maintain the commission. The ICJI, the Department of Education, the Commission for
Higher Education, and the ISP should be able to accomplish the additional workload, for their membership
on the commission, using existing staffing and resources.
Civil Cause of Action for a Violation: Expenditures could increase if a state medical service provider or state
law enforcement officer violates a provision of a victim’s rights, and a victim files a successful suit, as
allowed by the bill. [See also Explanation of Local Expenditures.]
Additional Information: A lay member of the commission who is not a state employee is entitled to a $75
per diem and mileage of $0.70 per mile (as of January 1, 2025) for each meeting attended. A lay member of
the commission who is a state employee is entitled to reimbursement of actual travel expenses incurred and
mileage of $0.49 per mile (as of June 15, 2022).
Explanation of State Revenues:
Explanation of Local Expenditures: Sexual Assault Forensic Evidence: The bill would increase workload
and expenditures for the Indianapolis-Marion County Forensic Services Agency as it requires sexual assault
forensic evidence to be analyzed within 90 days of receipt. Their 2023 Annual Report states that the average
turnaround time for a DNA analysis in 2023 was 165 days. The actual average number of days could be
higher, as the report states that case turnaround time represented the start to finish for a given case, but did
not include cases on backlog waiting to be started.
Application of Victims’ Rights: The bill expands the application of victims’ rights that currently apply when
being interviewed by a law enforcement officer to also apply when being interviewed by a prosecuting
attorney or defense attorney. It requires a prosecuting attorney or defense attorney to inform a victim of
certain rights prior to commencing an interview. Prosecuting attorneys and defense attorneys should be able
to implement these requirements using existing resources.
Civil Cause of Action for a Violation: The bill provides that a victim who suffers an injury as a result of a
violation (or threat of a violation) of current victims’ rights and rights added by the bill, may bring a civil
action. The bill allows a court to award damages and attorney’s fees to an individual who prevails in an
action. If a medical service provider, law enforcement officer, prosecuting attorney, or defense attorney
violates a provision of a victim’s rights, expenditures could increase if a victim files a successful suit.
Law Enforcement: If a sexual assault victim makes a written request, the bill requires law enforcement to
provide a complete copy of all records concerning the sexual assault, free of charge within five days. Law
enforcement agencies should be able to accomplish this requirement using existing resources.
The bill could impact timelines for sexual assault cases for smaller law enforcement agencies if a victim
requests to be interviewed by an officer of a specific gender, and the agency does not have an officer of that
gender reasonably available. In that situation, the bill provides that the victim may only be interviewed by
another available officer upon the victim’s consent.
Explanation of Local Revenues:
State Agencies Affected: Commission for Higher Education, Department of Education, Indiana Criminal
Justice Institute; Indiana State Police Laboratory Division.
SB 533 2 Local Agencies Affected: Trial courts, city and town courts. Medical service providers, law enforcement
entities, prosecuting attorneys, defense attorneys.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
https://www.indy.gov/activity/forensics-services-agency
https://www.in.gov/isp/labs/files/2023Annual_Report_ISP_Lab_Div.pdf
https://www.in.gov/isp/labs/files/Evidence_Submission_Areas_6-19-2023.pdf
https://icesaht.wpenginepowered.com/wp-content/uploads/2023/08/2023IndianaSARTtoolkit-2.pdf
Fiscal Analyst: Heather Puletz, 317-234-9484.
SB 533 3