SB 0646 - Fiscal Note

Fiscal Note - SB 0646 - Creates various new crimes, including assault or killing of a police animal and counterfeiting

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2469-04

BILL NO. SCS for SBs 646, 573, 527, 493, 575, 546, 663 & 904

SUBJECT: Crimes and Punishments; Police/Law Enforcement

TYPE: Original

DATE: March 19, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
General Revenue	($57,680)	($51,064)	($52,366)
Partial Estimated Net Effect on All State Funds*	($57,680)	($51,064)	($52,366)

*Does not include DOC's unknown costs.

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 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Missouri Sheriffs' Association, Missouri Police Chiefs' Association, Office of the Attorney General, and Department of Public Safety - Missouri State Highway Patrol assume that this proposal would have no fiscal impact to their agencies.

Officials of the Officials of Prosecution Services (OPS) assume this proposal could increase the workload of some county prosecutors; however OPS assumes that any impact would be minimal and could be absorbed with existing resources.

Officials of the State Public Defender (SPD) assume that this proposal would create several new crimes. SPD officials assume the following impact would result: 1) unauthorized jumping from a boat - class C misdemeanor - 30 new cases; 2) counterfeiting merchandise - class A misdemeanor; 3) leaving the scene of a shooting - class A misdemeanor - 10 new cases;

4) branding, tattooing or body piercing of a minor without adult consent - misdemeanor - 50 new cases; 5) taking a gun from a police officer - class B felony - 30 new cases; 6) intimidation of a coach, manager, or a sports official - class D felony - 30 new cases; 7) killing a police animal - class D felony - 10 new cases; and 8) evading a police officer - class A misdemeanor or class C felony - 50 new cases. SPD officials assume they would request .75 Assistant Public Defender, .25 Paralegal/Investigator, and .25 Legal Secretary to represent the indigent accused in the estimated 145 additional misdemeanor cases and 95 additional felony cases which could result from this proposal.

Officials of the State Courts Administrator assumes that there would be some increase in the number of cases prosecuted as a result of this proposal; however, after a period of adjustment, they would not expected the increased number of criminal prosecutions to be significant.

Officials of the Department of Corrections (DOC) stated that they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in

this proposal. An increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons were sentenced to the custody of the DOC due to the provisions of this legislation, the DOC would incur a corresponding

increase in operational costs either through incarceration (average $30.27 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $2.47 per offender, per day). Due to the wide variance of newly created crimes and punishments, the fiscal impact as it relates to the DOC is unknown.

The DOC anticipates that new beds might have to be constructed to accommodate the number of offenders receiving longer sentences due to this proposal. At this time, the DOC is unable to

ASSUMPTION (continued)

determine the number of people that would be convicted under the provisions of this bill to estimate the fiscal impact for additional capital improvements. Estimated construction cost for one new maximum security inmate bed is $48,800.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
GENERAL REVENUE FUND
Cost - State Public Defender (SPD)
Personal Service (1.25 FTE)	($29,402)	($36,179)	($37, 084)
Fringe Benefits	(8,241)	(10,141)	(10,395)
Expense and Equipment	(20,037)	(4,744)	(4,887)
Total Cost - SPD	($57,680)	($51,064)	($52,366)
Cost - Department of Corrections (DOC)
Increased beds	(Unknown)	(Unknown)	(Unknown)
ESTIMATED PARTIAL NET EFFECT
ON GENERAL REVENUE FUND*	($57,680)	($51,064)	($52,366)
*Does not include DOC's unknown costs.
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

The Senate Committee Substitute for SBs 646, 573, 527, 493, 575, 546, 663 and 904 would create the following misdemeanor and felony crimes: 1) jumping from commercial passenger boats - class C misdemeanor; 2) assaulting a law enforcement officer - a class B felony;

3) intimidation of sports official - a class D felony; 4) assaulting/killing police animals - a class D felony; 5) evading an officer - a class C felony, unless the person was evading a misdemeanor

arrest, in which case it would be a class A misdemeanor; 6) leaving the scene of a shooting - a class A misdemeanor for a first offense and a class D felony for a second and subsequent offense; 7) body piercing/tattooing of a minor without prior written consent - a misdemeanor subject to a fine no more than five hundred dollars; and 8) counterfeiting of merchandise - either a class A misdemeanor, or class D or C felony, depending on the quantity or retail value of items involved and the number of previous violations.

Sentencing for class D felonies would be for a term not to exceed 5 years. Sentencing for class C felonies would be for a term not to exceed 7 years. Sentencing for class B felonies would be for a term not less than 5 years and not to exceed 15 years.

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

SOURCES OF INFORMATION

State Courts Administrator

Office of Prosecution Services

Department of Public Safety - Missouri State Highway Patrol

Office of the Attorney General

State Public Defender

Missouri Sheriffs' Association

Department of Corrections

Jeanne Jarrett, CPA

Director

March 19, 1998