COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0522-02
Bill No.: SB 206
Subject: Crimes and Punishment; Emergencies; Law Enforcement Officers and Agencies
Type: Original
Date: January 31, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| General Revenue | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| Total Estimated
Net Effect on General Revenue Fund |
Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Public Safety - Capitol Police, - Missouri State Water Patrol, and the - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Office of Prosecution Services assume prosecutors could absorb the costs of the proposed legislation within existing resources.
Officials from the Office of State Public Defender assume existing staff could provide representation for those few cases arising where indigent persons were charged with failure to obey the lawful order of a law enforcement officer while at the scene of an accident or other emergency. Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.
ASSUMPTION (continued)
Officials from the Department of Corrections (DOC) assume they cannot predict the number of new commitments which may 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 legislation, the DOC will incur a corresponding increase in operational cost through supervision provided by the Board of Probation and Parole (FY02 average of $3.10 per offender per day or an annual cost of $1,132 per offender).
In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
Oversight assumes that the conviction and probation of only one person would create a minimal cost of less than $100,000 annually.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| GENERAL REVENUE | |||
| Costs - Department of Corrections | |||
| Increased probation costs | Less than ($100,000) | Less than ($100,000) | Less than ($100,000) |
| ESTIMATED NET EFFECT ON GENERAL REVENUE FUND |
Less than ($100,000) |
Less than ($100,000) |
Less than ($100,000) |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $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 it a class A misdemeanor to violate the lawful order of a law enforcement officer at the scene of an accident or emergency. The provisions would not apply to emergency personnel when in the performance of their duties.
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 State Courts Administrator
Department of Corrections
Department of Public Safety
- Capitol Police
- Missouri State Water Patrol
- Missouri State Highway Patrol
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
January 31, 2003