SB 0546 - Fiscal Note

Fiscal Note - SB 0546 - Taking a weapon from an officer constitutes assault; creates crime of evading officer

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2142-01

BILL NO. SB 546

SUBJECT: Crimes and Punishment; Criminal Procedure; Law Enforcement Officers

TYPE: Original

DATE: December 22, 1997

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of the Attorney General and the Office of Prosecution Services assume this proposal would not fiscally impact their agencies.

In response to a nearly identical proposal from a previous legislative session, officials of the Office of the State Public Defender assume this proposal would have a minimal fiscal impact on their agency.

Officials of the State Courts Administrator (CTS) assume that due to the nature of the offenses, it is likely any offense would be charged with other offenses and handled together. Therefore, they would not anticipate any significant increase in the number of prosecutions. CTS officials also noted that additional penalties could result in longer jail terms and increased jail and prison populations.

Officials of the Department of Corrections (DOC) assume that the DOC cannot predict the number of new commitments which could result from the creation of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons are sentenced to the custody of the DOC due to the provisions of this proposal, the DOC would incur a corresponding increase in operational costs either through incarceration (average of $30.37 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $2.47 per offender, per day). Supervision by the DOC through probation or incarceration would result in some additional costs but it is assumed that the impact would be minimal.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
	0	0	0

FISCAL IMPACT - Small Business

No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal would create the crime of evading a peace officer. A person commits this crime if, while operating a motor vehicle, disobeys a peace officer's order to stop, and attempts to evade the officer. Evading an officer would be a Class A misdemeanor if the person is trying to avoid an arrest for, or detection of, a misdemeanor.

Evading an officer would be a Class C felony if the person: 1) is trying to avoid a felony arrest or detection of a felonious act; 2) causes property damage while evading the officer; 3) causes physical injury to another while evading the officer; 4) has been previously convicted of evading an officer; 5) commits three or more traffic offenses while evading the officer; or 6) is intoxicated or under the influence of drugs.

A person who attempts to take a weapon from a law enforcement officer by force, commits assault of an officer in the second degree. Assault of an officer in the second degree would be a Class B felony.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

State Courts Administrator

State Public Defender

Department of Corrections

Office of Prosecution Services

Office of the Attorney General

Jeanne Jarrett, CPA

Director

December 22, 1997