LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7101 NOTE PREPARED: Feb 23, 2021
BILL NUMBER: SB 200 BILL AMENDED: Feb 18, 2021
SUBJECT: Noncompliant Prosecutor.
FIRST AUTHOR: Sen. Young M BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Young J
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill permits the Attorney General to request the appointment of a special
prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes, and
establishes a procedure for the appointment of a person to serve as a special prosecuting attorney to prosecute
cases that the county prosecuting attorney is refusing to prosecute.
Effective Date: July 1, 2021.
Explanation of State Expenditures: If the Office of the Attorney General receives credible information that
a prosecuting attorney is neglecting to enforce certain laws, it will be required to investigate and verify this
noncompliance. If the Office verifies that a prosecuting attorney is categorically refusing to prosecute certain
crimes, it may file a notice with the Chief Justice of the Indiana Supreme Court who will randomly select
a circuit or superior court judge to determine whether a special prosecuting attorney should be appointed.
This judge would be from a county outside of the court of appeals district in which the prosecuting attorney
exercises jurisdiction.
If the judge determines that appointing a special prosecuting attorney is merited, the judge may appoint either
a senior prosecuting attorney or a prosecuting attorney or a deputy prosecuting attorney in a county other than
the county. The appointed prosecutor may file a verified answer to the Attorney General's petition for
appointment of a special prosecuting attorney.
These new requirements for the Office of the Attorney General and the Chief Justice should be able to be
implemented with existing resources.
Explanation of State Revenues:
SB 200 1
Explanation of Local Expenditures: Any additional expenditures for the county in which the prosecuting
attorney in question practices will depend on the decisions of the Office of the Attorney General, the
appointed judge and the appointed prosecutor. The appointing judge may increase the scope of the special
prosecutor's duties or establish a longer term for the special prosecuting attorney at any time if good cause is
shown. The judge may require the special prosecuting attorney to submit periodic reports.
A special prosecuting attorney is paid (1) an estimated hourly rate of $79 (assuming an 8 hour day) based
upon the regular salary of a full-time prosecuting attorney of the appointing circuit adjusted for weekends
and holidays; (2) travel expenses and reasonable accommodation expenses actually incurred; and (3) other
reasonable expenses actually incurred, including the costs of investigation, trial and discovery preparation,
and other trial expenses.
The daily salary is $631 in FY 2021, using an average 246 working days per year. Each full time prosecuting
attorney receives a salary of $155,272 in FY 2021 and is adjusted each year based on the salaries of
employees in the executive branch who receive a similar salary (IC 33-38-5-8.1).
Explanation of Local Revenues:
State Agencies Affected: Office of the Attorney General; Supreme Court.
Local Agencies Affected: Counties, prosecuting attorneys.
Information Sources: Indiana Code, December 1, 2020 state staffing table.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 200 2


Statutes affected:
1. Introduced Senate Bill (S): 33-39-10-2
2. Senate Bill (S): 33-39-10-2