SB 0737 - Fiscal Note

Fiscal Note - SB 0737 - Prohibits possession of firearms on school property; creates "The Children's Firearm Accident and Prevention Act"

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 3309-01

BILL NO. SB 737

SUBJECT: Crimes and Punishment; Education; Elementary and Secondary Education; Weapons; Children and Minors

TYPE: Original

DATE: January 28, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
General Revenue	($78,339)	($83,633)	($85,765)
Total Estimated Net Effect on All State Funds	($78,339)	($83,633)	($85,765)

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

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). Supervision by the DOC through probation or incarceration would result in some additional costs but DOC officials assume that the impact would be minimal.

Officials of the State Courts Administrator (CTS) stated that while they would not expect any substantial number of new criminal prosecutions, they would expect some of the additional cases to be protracted. CTS officials would not anticipate any significant budgetary impact on the circuit courts.

Officials of the State Public Defender (SPD) assume an additional 200 felony cases regarding the criminal storage of a firearm and an additional 200 misdemeanor cases for violations of "The Children's Firearm Accident and Prevention Act" would result from this proposal. SPD officials would request 1.25 Assistant Public Defender FTE, .5 Paralegal/Investigator, and .25 Legal Secretary to implement this proposal.

FISCAL IMPACT - State Government	FY 1999	FY 2000	FY 2001
	(10 Mo.)
GENERAL REVENUE FUND
Cost-State Public Defender (SPD)
Personal Service (2 FTE)	($47,970)	($59,027)	($60,504)
Fringe Benefits	(13,446)	(16,545)	(16,959)
Expense and Equipment	(16,923)	(8,061)	(8,302)
Total Cost - SPD	($78,339)	($83,633)	($85,765)
ESTIMATED NET EFFECT TO
GENERAL REVENUE FUND	($78,339)	($83,633)	($85,765)
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 prohibit the possession of firearms on school property and would establish "The Children's Firearm Accident and Prevention Act." It would be a class B misdemeanor to carry ammunition for a firearm, or a projectile weapon onto any school bus or other motor vehicle used for the transportation of children to or from school. Under current law, the carrying of a

firearm or weapon readily capable of lethal use into any school is a class B misdemeanor.

This proposal would make it a class A misdemeanor, with various exceptions, to knowingly possess a firearm or a device that appears to be a firearm within a "school zone." A school zone would be defined as in or on, or within 1,000 feet of a school. The proposal would clarify that

a student who violated this provision would be subject to expulsion. It would also be a class A misdemeanor, with several exceptions, to knowingly and with reckless disregard discharge or attempt to discharge a firearm in a school zone. Again, a student who violated this section of the proposal would be subject to expulsion.

This proposal would create the crimes of criminal storage of a firearm in the first and second degree. A person would have committed first degree criminal storage of a firearm if he or she kept a loaded firearm on the premises and knew or reasonably should have known that an

unsupervised child could gain access to a firearm that thereby caused death or great bodily injury to another person. A person would commit second degree criminal storage of a firearm under the same circumstances as first degree but the child with access to the firearm thereby caused injury to another person, or possessed the firearm in a public place. Criminal storage in the first

degree would be a class D felony. Criminal storage in the second degree would be a class A misdemeanor. Numerous exceptions, exigent circumstances, and familial and victim impact circumstances could apply that limit the prosecution of these offenses.

DESCRIPTION (continued)

Firearm retailers would be guilty of a class A misdemeanor for failure to conspicuously display a sign warning of possible civil and criminal liability if a gun owner did not properly store a firearm. The proposal would also remove the exemption that allows a person traveling through this state to carry a concealed weapon.

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

Office of the Attorney General

Department of Public Safety - Missouri State Highway Patrol

Department of Elementary and Secondary Education

Office of Prosecution Services

Missouri Sheriffs' Association

Missouri Police Chiefs' Association

Department of Corrections

State Courts Administrator

State Public Defender

Jeanne Jarrett, CPA

Director

January 28, 1998