COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2500-01
Bill No.: SB 971
Subject: Crimes and Punishment; Civil Procedure
Type: Original
Date: January 30, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| 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 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Public Safety - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agency.
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 the proposal could impact case/trial loads of prosecutors because it creates new crimes and raises penalties. However, the impact on a given office should be absorbed. The passage of similar legislation could have a cumulative effect on prosecutors.
ASSUMPTION (continued)
Officials from the Office of State Public Defender (SPD) assume increasing penalties of existing crimes increases the difficulty of existing cases handled by the SPD. Th exact number of cases affected is too uncertain to provide a definitive dollar amount of fiscal impact. Since the amount of impact is uncertain, the SPD is assuming existing staff will probably be able to provide representation in these cases initially. However, once the true fiscal impact is determined, the SPD will reassess the impact of this legislation. Passage of more than one bill increasing existing penalties or creating new crimes will require increased appropriations for the SPD.
Officials from the Department of Corrections (DOC) assume this proposal changes identity theft from a class A misdemeanor to a class D felony and limits the venue of such prosecutions.
Currently, the DOC cannot predict the number of new commitments which may result from the enhancement 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. The probability exists that offenders could already be criminally charged under the existing statute, but this new language may make it easier to prosecute and/or convict. Since 2000, there have been 5 offenders in the DOC with identity theft charges. This translates into an annual rate of 1.67 individuals per year. The average time served for a class C felony is 15 months. From indications of potential future trends, identity theft is a growing area of crime.
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 either through incarceration (FY03 average of $38.10 per inmate per day, or an annual cost of $13,907 per inmate) or through supervision provided by the Board of Probation and Parole (FY03 average of $3.15 per offender, per day or an annual cost of $1,150 per offender).
In summary, supervision by the DOC through probation or incarceration would result in additional costs to the department. Eight (8) persons would have to be incarcerated per fiscal year to exceed $100,000 annually. DOC assumes the impact would be less than $100,000 per year for the DOC for the three years of this fiscal note period, but the long-range impact is unknown.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections | |||
| Incarceration/probations 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 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $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 change identity theft from a class A misdemeanor to a class D felony. The proposal would also limit the venue of identification theft prosecutions.
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
Office of State Courts Administrator
Department of Public Safety
- Missouri State Highway Patrol
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
January 30, 2004