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 7320 NOTE PREPARED: Feb 17, 2021
BILL NUMBER: HB 1478 BILL AMENDED:
SUBJECT: Battery Against Emergency Room Staff.
FIRST AUTHOR: Rep. Engleman BILL STATUS: As Passed House
FIRST SPONSOR: Sen. Donato
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: This bill amends the definition of "emergency medical services provider" for the
offense of battery to include a staff member in the emergency department of a hospital.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill should cause a minor addition in DOC’s offender population.
Under current law, persons who touch other persons in a rude, insolent, or angry manner or place any bodily
fluid or waste on other persons commit a Class B misdemeanor. The crime is a Class A misdemeanor if these
actions result in bodily injury. As proposed, a person would commit either a Level 6 or Level 5 felony for
these battery offenses if the person assaulted a staff member in the emergency department of a hospital.
Of the persons who have been convicted and sentenced for battery as a Level 6 felony, 8% were committed
to DOC with an average sentence of 1.4 years. Of the persons who have been convicted and sentenced for
battery that caused bodily injury, 46% were committed to DOC facilities with an average 2.6 years.
The average expenditure to house an adult offender in a DOC facility was $21,551 annually, or $59 daily,
during 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 medical care, food, and clothing is estimated at $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.
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 B misdemeanor is $1,000
HB 1478 1
and the maximum fine for a Class A felony is $5000 while the maximum fine for any felony is $10,000.
Court fees for both misdemeanors and felonies are $120.
Explanation of Local Expenditures: This bill could increase the pretrial population in county jails if the
person is charged with an enhanced felony.
If an offender is sentenced to state prison rather than to a county jail, the costs to the county for post trial
confinement may be reduced. The maximum term of imprisonment for a Class B misdemeanor is up to 180
days, and the maximum term of imprisonment for a Class A misdemeanor is one year.
The average cost per day to incarcerate a prisoner 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:
State Agencies Affected: Department of Correction.
Local Agencies Affected: County jails, courts with criminal jurisdiction, prosecuting attorneys.
Information Sources: Abstracts of Judgment, Indiana Supreme Court; U.S. Department of Justice Marshals
Service; Indiana Code.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1478 2


Statutes affected:
1. Introduced House Bill (H): 35-31.5-2-115.5
2. House Bill (H): 35-31.5-2-115.5