COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0130-01
Bill No.: SB 81
Subject: Crimes and Punishment, Evidence, Criminal Procedure, Revenue Department, Licenses - Driver's, Alcohol
Type: Original
Date: January 16, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| General Revenue | (Unknown, to exceed $100,000) | (Unknown, to exceed $100,000) | (Unknown, to exceed $100,000) |
| Highway Funds | ($9,100) | $0 | $0 |
| Total Estimated
Net Effect on All State Funds |
(Unknown, to exceed $109,100) | (Unknown, to exceed $100,000) | (Unknown, to exceed $100,000) |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
ASSUMPTIONS
Officials of the Department of Public Safety - Missouri State Highway Patrol, and Division of Highway Safety, Missouri Department of Transportation, Department of Social Services, Office of State Courts Administrator, Office of the Attorney General, and Department of Health, assume this proposal would have no fiscal impact to their agencies.
Officials of the State Public Defender (SPD) assume that existing staff could provide representation for those 50-75 cases arising where the indigent persons were accused of "aggravated driving with an excessive blood alcohol content (BAC) of .15%." 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 from the Department of Mental Health (DMH) assume this proposal would not fiscally impact their agency based on the provisions in the proposal that the offender shall pay the cost of the program, and the court shall order restitution to the state in the amount of any fees paid by the state on behalf of the offender. The department is assuming the client will pay the full cost of the program and there will be no cost to the department for collection of these fees.
In response to a similar proposal in the prior session, officials of the Department of Corrections (DOC) assume the penalty provision portions (with no suspension of sentence) of the proposed revisions in this proposal which would have fiscal impact for DOC are:
New commitments which could result from the creation of the offense(s) outlined in this proposal could not be accurately determined. In addition, changes in penalty provisions for current crimes could result in additional costs due to new commitments and/or longer sentences. The utilization of these laws for both new offenses and enhanced penalties for current offenses depend upon actions of prosecutors and the courts.
ASSUMPTIONS - continued
If additional persons were sentenced to the custody of the DOC due to the provisions of this proposal, the DOC would incur a corresponding increase in operational costs either through incarceration (average of $35.00 per inmate, per day) or through supervision provided by the Board of Probation and Parole (average of $3.50 per offender, per day).
At this time, the DOC is unable to determine the number of people that would be convicted under the provisions of this proposal to estimate the potential need for additional capital improvements. Estimated construction cost for one new inmate bed is $48,300. Utilizing this per diem bed cost provides for a conservative estimate by the DOC, as entire facilities and/or housing units would have to be constructed to cover the cost of housing new commitments resulting from the cumulative effect of various new legislation, if adopted as statute.
Based on a MHP Study of the Processing of DWI Arrests in Missouri, it is estimated that nearly 60% of individuals arrested for DWI would test in excess of .15%. MHP officials stated that there were 38,117 DWI arrests in 1997.
If only three additional beds had to be constructed as a result of this proposal, the fiscal impact would be well over $100,000. Oversight assumes this proposal could result in unknown costs in excess of $100,000. Oversight also assumes that local jail populations could be affected by mandatory sentencing outlined in this proposal, but assume the fiscal impact would be minimal.
Officials from the Department of Revenue (DOR) assume the Driver and Vehicle Services Bureau will require funding for forms revisions and postage in order to indicate penalties regarding an arrest for an offense of aggravated driving with excessive blood alcohol content.
The Driver and Vehicle Services Bureau will be required to modify the Alcohol Influence Report (form DOR-2389) and the Notice of Suspension/Revocation (form DOR-2385). The Driver and Vehicle Services Bureau will distribute 100,000 of each of these forms to law enforcement agencies throughout the state. Costs for reprinting these forms are estimated to be $6,000. The Driver and Vehicle Services Bureau will require approximately $3,100 in postage costs associated with the distribution of these forms to law enforcement agencies throughout the state.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| GENERAL REVENUE FUND | |||
| Cost - Department of Corrections | |||
| Increased incarcerations and | (Unknown, | (Unknown, | (Unknown, |
| increased probation and parole | to exceed | to exceed | to exceed |
| $100,000) | $100,000) | $100,000) | |
| (Unknown, | (Unknown, | (Unknown, | |
| ESTIMATED NET EFFECT ON | to exceed | to exceed | to exceed |
| GENERAL REVENUE FUND | $100,000) | $100,000) | $100,000) |
| HIGHWAY FUND | |||
| Cost - Department of Revenue | |||
| Forms and Postage Costs | ($9,100) | $0 | $0 |
| ESTIMATED NET EFFECT ON | |||
| HIGHWAY FUND | ($9,100) | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal creates the crime of driving with an aggravated blood alcohol content for operation of vehicle with .15% BAC level. The first offense is a Class B misdemeanor. Second and subsequent offenses track the current criminal penalties for repeat DWI and BAC violations. Creates a minimum ninety-day license suspension period for convictions, and restricts the availability of limited driving privileges after a conviction.
DESCRIPTION - continued
Persons guilty of aggravated BAC must complete a new substance abuse traffic offender program for repeat or problem offenders. The period of license suspension, revocation or denial is the same as for DWI offenses, except offenders are not eligible to receive a limited driving privilege during any period of license suspension, revocation or denial.
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
Department of Public Safety - Missouri State Highway Patrol
Department of Public Safety - Division of Highway Safety
Missouri Department of Transportation
Department of Social Services
Office of State Courts Administrator
Office of the Attorney General
Department of Health
Department of Mental Health
Department of Corrections
Department of Revenue
NOT RESPONDING
Office of Administration, Division of Budget and Planning
Department of Public Safety, Division of Liquor Control
Department of Public Safety, Division of Water Safety
Office of the State Treasurer
Jeanne Jarrett, CPA
Director
January 16, 2001