COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3002-01

Bill No.: Perfected SB 781

Subject: Courts; Criminal Procedure; Judges

Type: Original

Date: February 26, 2004



FISCAL SUMMARY



ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on

General Revenue

Fund

 $0 $0 $0



ESTIMATED NET EFFECT ON STATE FUNDS
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 3 pages.











ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Total Estimated

Net Effect on All

Federal Funds

 $0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 $0 $0




FISCAL ANALYSIS



ASSUMPTION



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 increase the caseload of prosecutors, but the impact on a given office would 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 provide that the circuit judge hearing an application for witness immunity hold a nonadversarial hearing to determine whether sufficient proof has been offered to justify the issuance of an order granting witness immunity. The proposal would delete language which would disqualify the judge hearing such matter from any further criminal trial or ancillary proceeding.

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 Prosecution Services











Mickey Wilson, CPA

Director

February 26, 2004