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 6854 NOTE PREPARED: Dec 26, 2020
BILL NUMBER: HB 1282 BILL AMENDED:
SUBJECT: Citizen's Arrests.
FIRST AUTHOR: Rep. Harris BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill specifies that a person may perform a citizen's arrest only if: (1) the
arrest is justified under the self-defense statute; (2) the arrest is justified under the shoplifter or unlawful
recording detention statutes; or (3) the arrest is based on a criminal offense committed on private property
in the presence of the arresting person, if the arresting person has a contractual interest in the property or is
an employee of an establishment located on the property. It also makes conforming amendments.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill should have a minimal increase in DOC’s officer population.
Under current law, a person may detain another person with a firearm if there is probable cause that the other
person committed a felony. As proposed, a citizen would no longer be able to make a citizen’s arrest based
on the belief that the citizen had probable cause that another person committed a felony on public property.
A citizen would only be able to detain another person on public property for reason of self defense.
Consequently, a person with the firearm who detains another person for probable cause could be charged
with either pointing a firearm at another person or with criminal confinement. Either of these could be
charged as Level 6 felonies.
A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of
1 year. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house
an adult offender was $21,551 annually, 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 marginal cost for
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medical care, food, and clothing is approximately $3,524 annually, or $9.66 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 $89,998, or $246 daily, in FY 2020. The marginal cost for juvenile facilities was $3,969
annually or $10.87 daily
The entire Level 6 sentence may be suspended and the person placed on either probation or community
correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
Explanation of State Revenues: 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 a Level 6 felony
is $10,000. Criminal fines are deposited in the Common School Fund.
If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and
collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some
or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20),
judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial
insurance adjustment fee ($1), and the DNA sample processing fee ($3).
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. The average cost per day is approximately $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: If additional court actions occur and a guilty verdict is entered, local
governments would receive revenue from the following sources. The county general fund would receive 27%
of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law
enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive
3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the
document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2)
and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.
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.
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Statutes affected:
1. Introduced House Bill (H): 35-47-4-3