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HB 1211

Aggravated speeding.

2026 Regular Session Introduced by Chuck Moseley

HB 1211 adds a separate enhancement: if aggravated speeding (>100 mph or >30 mph over limit) occurs with certain felonies, courts may impose up to 5 extra years, consecutive to the

Authored by Representative Moseley
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Bill Summary · HB 1211

Summary of HB 1211 (Indiana, 2026)

Overview

  • Bill: HB 1211
  • Session: 2026, Indiana General Assembly
  • Sponsor: Rep. Moseley (Co-sponsor: Rep. Chuck Moseley)
  • Effective Date: July 1, 2026
  • Subject: Aggravated speeding; adds a penalty enhancement when aggravated speeding occurs in the commission of certain offenses

1) Purpose and Intent

HB 1211 creates a new penalty enhancement for aggravated speeding when it is committed in the course of carrying out specific offenses that qualify as felonies. The aim is to punish a driver who knowingly or intentionally speeds at extreme levels (above 100 mph or more than 30 mph over the posted limit) in conjunction with a qualifying criminal offense, by imposing an additional fixed term of imprisonment.

2) Key Provisions and Changes

  • Definition of Aggravated Speeding (new Sec. 20):

    • A vehicle operator is guilty of aggravated speeding if the person drives:
    • More than 100 miles per hour, or
    • More than 30 miles per hour over the posted speed limit.

  • Offense Scope:

    • The aggravated speeding enhancement applies when the speeding occurs in the commission of a qualifying offense, defined as a felony under:
    • IC 35-42-2-2(b)(1)(B) or IC 35-42-2-2(b)(2)(B).

  • Enhancement Hearing:

    • The State may seek, on a separate charging instrument, an enhancement to sentence to an additional fixed term of imprisonment if it can prove beyond a reasonable doubt that aggravated speeding occurred in the commission of the offense.

  • Hearing Process:

    • If the underlying offense was tried by a jury, the jury must reconvene to hear evidence on the enhancement.
    • If the underlying case was decided by a court trial or guilty plea, the court conducts the enhancement hearing.

  • Penalty (Enhancement):

    • If proven beyond a reasonable doubt, the court may impose an additional fixed term of imprisonment of up to 5 years.
    • The enhanced sentence runs consecutively to the underlying sentence (i.e., adds to the total time served).

3) Who or What Would Be Affected

  • Individuals: Defendants convicted of certain felonies where aggravated speeding occurred during the commission of the offense could face an additional fixed prison term.
  • Crimes Affected: Aggravated speeding must occur in the commission of a qualifying offense (felonies under IC 35-42-2-2(b)(1)(B) or (b)(2)(B)).
  • Court and Prosecutors: Courts must perform enhancement hearings; prosecutors may pursue the enhancement on a separate charging document.

4) Procedural and Timeline Considerations

  • Effective Date: July 1, 2026.
  • Enhancement Process: Separate enhancement charging instrument required; jury or court determines the enhancement based on proof beyond a reasonable doubt.
  • Jury Involvement: Enhancements tied to jury trials require a reconvened jury to hear evidence on the enhancement.
  • Sentencing: Enhanced term added to the underlying sentence and runs consecutively.

5) Fiscal and Operational Impact (as analyzed by OFMA)

  • Estimated State Impact:
    • DOC population could increase by about 8 offenders in FY 2027 and up to 63 by FY 2035 due to longer sentences for aggravated speeding tied to criminal recklessness offenses.
    • DOC operating costs projected to rise from about $38,616 in FY 2027 to roughly $302,605 in FY 2035 and thereafter.
  • Criminal Offense Context:
    • The analysis assumes about 20% of persons convicted under the referenced felony statutes may also have aggravated speeding in conjunction with the offense.
    • For Level 5 and Level 6 criminal recklessness cases, averaging longer incarcerations is anticipated if the enhancement is applied.
  • Other Impacts:
    • Court workload may increase due to enhancement hearings.
    • Local jail and county-level costs could marginally change; some shift from local confinement to state facilities is possible for affected offenses.
  • Revenue: No new revenues anticipated.

6) Summary of Potential Impacts

  • Strengthens penalties for aggravated speeding when tied to certain serious offenses.
  • Introduces a new enhancement process with a separate charging instrument and a mandatory enhancement hearing.
  • Creates a potential up to 5-year fixed term, served consecutively to the underlying sentence.
  • Expected to modestly increase state incarceration and DOC costs; possible small reductions in some local jail costs but increased court workload.

If you’d like, I can tailor this summary for policymakers, prosecutors, or the public, or compare HB 1211 to existing speeding-related statutes.

Compiled from official sources — confirm details with the bill’s official record.

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