This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0164 - Makes driving while revoked a class D felony on a person's third or subsequent conviction
SB 164 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0581-01

BILL NO.: SB 164

SUBJECT: Crimes and Punishment; Licenses - Motor Vehicles; Motor Vehicles; Revenue Department

TYPE: Original

DATE: January 22, 1999


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
General Revenue* ($438,203) ($408,643) ($419,130)
Estimated Partial

Net Effect on All

State Funds*

($438,203) ($408,643) ($419,130)



*Does not include unknown costs under $100,000 annually to DOC.

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 4 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials of the Office of the Attorney General, Department of Public Safety - Missouri State Highway Patrol, Department of Revenue, Office of Prosecution Services, Missouri Department of Transportation, Missouri Police Chiefs Association, and Missouri Sheriffs' Association 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 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). Supervision by the DOC through probation or incarceration would result in some additional costs, but DOC officials assume that the impact would be minimal.

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.

Oversight assumes that DOC would experience some fiscal impact especially in the area of probation and parole. Oversight assumes the costs to DOC as a result of this proposal should not exceed $100,000 in any fiscal year.

Officials of the State Public Defender (SPD) stated that in FY98 their office provided representation in 6,265 Driving While Revoked cases. If just 1/10 of those were 3rd convictions the result would be 626 cases. If just of those would request jury trials due to this proposal, the result would be 313 additional trials at a minimum of 40 hours per trial. SPD officials estimated 313*40/2080 would result in a request for six (6) additional attorney ($33,024) FTEs.

SPD officials also assume they would request two (2) Paralegal/Investigators ($21,624) and one (1) Secretary ($18,204) as a result of this proposal.







FISCAL IMPACT - State Government FY 2000 FY 2001 FY 2002
GENERAL REVENUE FUND
Cost - Department of Corrections (DOC)
Increased probation and parole (Unknown, (Unknown, (Unknown,
under under under
$100,000) $100,000) $100,000)
Cost - State Public Defender (SPD)
Personal Service (8 FTE) ($267,046) ($272,738) ($279,556)
Fringe Benefits (79,820) (81,521) (83,559)
Expense and Equipment (91,337) (54,384) (56,015)
Total Cost - SPD ($438,203) ($408,643) ($419,130)
ESTIMATED PARTIAL NET EFFECT
TO GENERAL REVENUE FUND* ($428,203) ($408,643) ($419,130)
*Does not include unknown costs under $100,000 annually to DOC.
FISCAL IMPACT - Local Government FY 2000 FY 2001 FY 2002
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 make driving with a revoked license a class D felony on the third or subsequent conviction. The current law states that driving while revoked is a class A misdemeanor.





DESCRIPTION (continued)

This proposal contains an emergency clause.

This legislation is federally mandated under the Transportation Equity Act for the 21st Century Restoration Act. It would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION

Office of the Attorney General

State Courts Administrator

Department of Corrections

Department of Revenue

Department of Public Safety - Missouri State Highway Patrol

Office of Prosecution Services

Missouri Department of Transportation

State Public Defender

Missouri Police Chiefs Association

Missouri Sheriffs' Association



Jeanne Jarrett, CPA

Director

January 22, 1999