This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0328 - Creates crime of identity theft and other crimes
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 0566-04
BILL NO.: Perfected SCS for SBs 328, 87, 100 & 55
SUBJECT: Crimes and Punishment; Minorities; Victims of Crime; Evidence
TYPE: Original
DATE: April 14, 1999
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 6 pages.
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Public Safety - Missouri State Highway Patrol, Department of Mental Health, Department of Natural Resources, Department of Conservation, Office of Administration - Division of Accounting, Office of Prosecution Services and Department of Labor and Industrial Relations assume this proposal would have no fiscal impact to their agencies.
Oversight assumes this proposal would have no fiscal impact to Office of the Attorney General.
Officials of the State Courts Administrator (CTS) assume this proposal would expand the law on "ethnic intimidation" to include intimidation based on actual or perceived sexual orientation or disability, and would create several other new crimes. CTS officials stated that while there could be a some small increase in the number of cases filed, they would not expect a financial impact on the courts.
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 of 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 $35.00 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average $3.50 per offender, per day).
The following factors contribute to DOC's minimal assumption:
Supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed that the impact would be $0 or a minimal amount that could be absorbed within existing resources.
ASSUMPTION (continued)
The need for additional capital improvements or rental space is not anticipated at this time. It must be noted that the cumulative effect of various new legislation, if adopted, could result in the need for additional capital improvements funding if the total number of new offenders exceeds current planned capacity.
The total ten year fiscal impact would be unknown, but DOC assumed it would be $0, or a minimal amount that could be absorbed, per year.
Officials of the State Public Defender (SPD) assume that existing staff could provide representation for those 15-20 indigent persons charged with the new crime of 1st degree involuntary manslaughter, the 10-25 indigent persons charged with the new crime of identity theft, the 25-75 indigent persons charged with criminal intimidation including sexual and disabilities and the 10-15 persons charged with leaving the scene of a shooting. However, passage of more than one similar bill would require the SPD system to request increased appropriations to cover the cumulative cost of representing the indigent accused in the additional cases.
SA 1
In response to a proposal with similar language, officials of the Department of Economic Development - Divisions of Finance and Credit Unions, Office of State Courts Administrator, and the Department of Social Services assume the proposal would have no fiscal impact on their agencies.
In response to a proposal with similar language, officials of the Office of State Public Defender assume that existing staff could provide representation for 50-100 indigent persons charged with the new crime of fraudulent use of a debit device. However, passage of more than one similar bill would require the state public defender system to request increased appropriations to cover the cumulative cost of representing the indigent accused in the additional cases.
Officials of the Department of Corrections (DOC) indicate that they cannot predict the number of new commitments which may result from the creation of the offense(s) outlined in the proposal. An increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons were to be sentenced to the custody of DOC due to this proposal, the DOC would incur a corresponding increase in operational costs either through incarceration (average of $35 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $3.50 per offender, per day). However, DOC
ASSUMPTION (continued)
has assumed that the fiscal impact to the department would be $0 or a minimal amount that could be absorbed within existing resources due to the following assumptions:
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| 0 | 0 | 0 | |
| FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 |
| (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 revise the provisions regarding the crime of ethnic intimidation, and would create the new crime of criminal intimidation, involving acts based on actual, presumed or perceived race, color, religion, national origin, sex, sexual orientation or disability.
DESCRIPTION (continued)
The proposal would create the crime of involuntary manslaughter in the 2nd degree. A person would commit the crime of involuntary manslaughter in the second degree if he acted with criminal negligence to cause the death of another person. The crime would be a class D felony.
It would also establish the crime of leaving the scene of a shooting without notifying law enforcement. Leaving the scene of a shooting would be a class A misdemeanor for a 1st offense and a class D felony for the second and subsequent offenses. A class A misdemeanor would carry a sentence of up to one year while a class D felony would be punishable by a term not exceeding five years.
This proposal would also create the crime of identity theft. The crime would be punishable by up to six months in jail for the first offense; up to one year for the second offense; and one to five years for the third or subsequent offense. The court could also impose a fine to cover restitution to the victim.
It would also remove the provision that allows a circuit court to modify the decision of the Conservation Commission disciplining a hunting licensee for inflicting injury with a firearm or other weapon on another person while hunting.
SA 1
The proposal would create the crime of fraudulent use of a debit device. The crime would be classified as a class A misdemeanor for thefts of less than $150 and a class D felony for thefts of $150 or more.
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
Department of Corrections
Department of Public Safety - Missouri State Highway Patrol
Department of Mental Health
State Public Defender
Department of Labor and Industrial Relations
DESCRIPTION (continued)
Department of Natural Resources
Department of Conservation
Office of Administration - Division of Accounting
Department of Economic Development - Divisions of Finance and Credit Unions
Department of Social Services
Office of Prosecution Services
NOT RESPONDING - Office of the Attorney General
Jeanne Jarrett, CPA
Director
April 14, 1999