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 6718 NOTE PREPARED: Feb 2, 2021
BILL NUMBER: SB 194 BILL AMENDED: Jan 28, 2021
SUBJECT: Obstruction of Traffic.
FIRST AUTHOR: Sen. Baldwin BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Schaibley
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill increases the penalty for obstruction of traffic under certain
circumstances.
Effective Date: July 1, 2021.
Explanation of State Expenditures: The current penalty for obstruction of traffic can be either a Class B
misdemeanor, a Class A misdemeanor or a Level 6 felony if the offense results in serious bodily injury. This
bill enhances obstruction of traffic from a Class A misdemeanor to a Level 6 felony if the person blocks
certain emergency vehicles who are performing official duties. It also enhances obstruction of traffic to a
Level 5 felony if it results in either catastrophic bodily injury or death.
State expenditures could increase 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 six and 30 months, with an advisory sentence
of 1 year, and a Level 5 felony is punishable by a prison term between one and six years.
The period of incarceration will depend upon mitigating and aggravating circumstances. The average
expenditure to house an adult offender was $21,551, or $59 daily, in FY 2020. (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 $3,524 annually, or $9.66 daily.
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 A misdemeanor is $5,000,
while the maximum fine for any felony is $10,000. Court fees for both misdemeanors and felonies are $120.
SB 194 1
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. The maximum term of imprisonment for a Class A misdemeanor is
up to one year. The average cost per day to incarcerate a prisoner is $54 based on the per diem payments
reported by U.S. Marshals to house federal prisoners in 16 county jails across Indiana during federal FY
2017.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 194 2


Statutes affected:
1. Introduced Senate Bill (S): 35-42-2-3, 35-44.1-2-13
2. Senate Bill (S): 35-44.1-2-13