COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4167-01
Bill No.: SB 1307
Subject: Crimes and Punishment; Children and Minors; Criminal Procedure
Type: Original
Date: March 8, 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 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 Public Safety - Missouri State Highway Patrol assume the proposal 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 prosecutors could absorb the costs of the proposed legislation within existing resources.
Officials from the Department of Corrections (DOC) assume the proposed legislation would result in additional incarceration and/or probation costs. DOC assumes these costs to be unknown, but less than $100,000 per year.
Officials from the Office of the State Public Defender did not respond to Oversight's request for fiscal impact.
| FISCAL IMPACT - State Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| GENERAL REVENUE FUND | |||
| Costs - Department of Corrections | |||
| Incarceration/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 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 define child pornography. A person would commit the crime of possession of child pornography if, knowing of its content and character, the individual is in possession of any obscene material depicting child pornography. A person with more than 20 items of child pornography is considered to have knowledge regarding the contents of the items.
The proposal would establish affirmative defenses to the crime of possession of child pornography. Such defenses would include taking steps to destroy the child pornography and not allowing anyone except law enforcement agents to view it. It wold also be a defense to report the matter to law enforcement and permit the agents access to the material in order to remove it or to attempt to determine how it was sent and received.
The age of a child that appears to be under the age of eighteen could be established according to Section 573.050, which includes using expert medical testimony. The child would not need to be identified or appear at any proceeding.
DESCRIPTION (continued)
The proposal would make possession of child pornography a class C felony for possession of not more than 20 items, and a class B felony for possession of more than 20 items.
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
- Missouri State Highway Patrol
Office of Prosecution Services
NOT RESPONDING
Office of the State Public Defender
Mickey Wilson, CPA
Director
March 8, 2004