COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2852-01
Bill No.: SB 802
Subject: Crimes and Punishment; Criminal Procedure; Judges; Law Enforcement Officers and Agencies
Type: Original
Date: January 9, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 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 Natural Resources, Department of Public Safety
- Missouri State Water Patrol, - Division of Alcohol and Tobacco Control,
- Missouri State Highway Patrol, - Division of Fire Safety, and the Department of Conservation 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.
ASSUMPTION (continued)
Officials from the Office of State Public Defender (SPD) assume the legislation will create new cases for the SPD. The exact number of cases affected is too uncertain to provide a definitive dollar amount of fiscal impact. Nevertheless, there will be some impact. Since the amount of impact is so 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 penalties on existing crimes or creating new crimes will require increased appropriations for the SPD.
Officials from the Department of Corrections (DOC) assume the penalty provisions for violations, the component of the bill to have potential fiscal impact for DOC, is for a class A misdemeanor.
The DOC cannot currently 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 cost 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 some additional costs, but the DOC assumes the impact would be $0 or a minimal amount that could be absorbed within existing resources.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| 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 set out the requirements for a peace officer to obtain a warrant via the telephone. The proposal would allow the prosecuting attorney to give voice authorization to the applicant to affix his or her signature to the application. After the prosecutor's signature is affixed, the applicant would contact a judge who could take an oral statement under oath that is recorded. The proposal would also set out the forms for the application and affidavit for a telephonic search warrant.
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 Natural Resources
Department of Corrections
Department of Public Safety
- Missouri State Highway Patrol
- Division of Alcohol and Tobacco Control
- Division of Fire Safety
- Missouri State Water Patrol
Department of Conservation
Office of Prosecution Services
Office of State Public Defender
Mickey Wilson, CPA
Director
January 9, 2004