COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. NO. 2334-01

BILL NO. SB 532

SUBJECT: Firearms and Fireworks; Crimes and Punishment; Assault Weapons.

TYPE: Original

DATE: January 18, 2000




FISCAL SUMMARY


ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003



General Revenue*
(Unknown) (Unknown) (Unknown)
Total Estimated

Net Effect on All

State Funds

(Unknown) (Unknown) (Unknown)

* Costs will likely be less than $100,000.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2001 FY 2002 FY 2003
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Public Safety, Office of Prosecution Services, and Office of the Attorney General assume there would be no fiscal impact to their agencies as a result of this proposal.



Officials from the Office of the State Public Defender assume that existing staff could provide representation for those 15 - 25 cases arising where the indigent persons were charged with assault weapon violations. However, passage of more than one similar bill would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing the indigent accused in the additional cases.



Officials of the Office of the State Courts Administrator (CTS) stated that this proposal would define "assault weapons" and regulate their sale, transfer, use and ownership. CTS would not anticipate a significant number of additional criminal prosecutions. There may be more counts in some cases, and penalties in some cases may be enhanced. CTS would not expect any appreciable increase in costs to the judiciary.



In response to a similar proposal, officials from the Department of Corrections (DOC) stated that they could not predict the number of new commitments which could result from the creation of the offense(s) outlined in this proposal. An increase in commitments would depend on the utilization by prosecutors and the actual sentences imposed by the court. If additional persons were sentenced to the custody of the DOC due to the provisions of this legislation, the DOC would incur a corresponding increase in operational costs either through incarceration (average $35.00 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $3.00 per offender, per day). Due to the wide variance of newly created crimes and punishments, the fiscal impact as it relates to the DOC is unknown.



The DOC anticipates that new beds might have to be constructed to accommodate the number of offenders receiving longer sentences due to this proposal. At this time, the DOC is unable to

determine the number of people that would be convicted under the provisions of this bill to estimate the fiscal impact for additional capital improvements. Estimated construction cost for one new maximum security inmate bed is $48,800.



Oversight assumes the proposal could result in more offenders being incarcerated or placed on probation. Additional costs for supervision and care by the DOC, although unknown, would

likely be less than $100,000 annually.





FISCAL IMPACT - State Government FY 2001 FY 2002 FY 2003



GENERAL REVENUE FUND



Cost - Department of Corrections (DOC)*

Increased beds (Unknown) (Unknown) (Unknown)

*Costs will likely be less than $100,000



FISCAL IMPACT - Local Government FY 2001 FY 2002 FY 2003



0 0 0



FISCAL IMPACT - Small Business



No direct fiscal impact on small businesses would be expected due to this proposal.



DESCRIPTION



This proposal would define "assault weapons" and regulate their sale, transfer, use and ownership.



This legislation is not federally mandated, would not duplicate any other program, and could require additional capital improvements or rental space.



SOURCES OF INFORMATION



Department of Corrections

Office of Prosecution Services

Office of State Public Defender

Department of Public Safety - Missouri State Highway Patrol

Office of State Courts Administrator

Office of the Attorney General



NOT RESPONDING: Department of Corrections







Jeanne Jarrett, CPA

Director

January 18, 2000