COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 1422-03

Bill No.: SB 584

Subject: Crimes and Punishment; Motor Vehicles

Type: Original

Date: March 17, 2003




FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on

General Revenue

Fund

$0 $0 $0



ESTIMATED NET EFFECT ON OTHER STATE FUNDS
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.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2004 FY 2005 FY 2006
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Transportation, Department of Corrections, and the Department of Public Safety - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agencies.



Officials from the Office of State Courts Administrator (CTS) assume the proposed legislation would create several new crimes relating to vehicle theft and vehicle tampering. CTS assumes that, in most cases, these would be an additional charge, and would not expect a significant impact on the workload of the courts.



Officials from the Office of Prosecution Services assume prosecutors could absorb the costs of the proposed legislation within existing resources.





ASSUMPTION (continued)



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 the unauthorized use of a motor vehicle. 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.





FISCAL IMPACT - State Government FY 2004

(10 Mo.)

FY 2005 FY 2006
$0 $0 $0





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



The proposed legislation would create the crime of motor vehicle theft if a person appropriates a motor vehicle of another with the purpose to deprive him or her of it, without consent or by means of deceit or coercion. Motor vehicle theft would be a Class C felony.



The proposal would create the crime of carjacking when a person obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by intimidation, force, or threat of force. Carjacking would be a Class B felony.





DESCRIPTION (continued)



This proposal would create the crime of unauthorized use of a vehicle if a person knowingly takes, operates, exercises control over, rides in, or otherwise uses a vehicle without the consent of the owner or has custody of the vehicle pursuant to an agreement with the owner of the vehicle and uses the vehicle in gross deviation from the agreed purpose. Violation of this provision would be a Class A misdemeanor.



The proposal would also create the crime of tampering with a motor vehicle if a person knows that he or she does not have the consent of the owner and takes, operated, or otherwise uses a motor vehicle. The crime of tampering would be a Class B misdemeanor. A second violation of this provision would be a Class A misdemeanor. Third and subsequent violations would be a Class D felony.



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 Transportation

Department of Corrections

Department of Public Safety

- Missouri State Highway Patrol

Office of Prosecution Services

Office of State Public Defender















Mickey Wilson, CPA

Director

March 17, 2003