COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 0862-01
Bill No.: SB 232
Subject: Crimes and Punishment; Evidence; Criminal Procedure; Children and Minors
Type: Original
Date: February 5, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| 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 3 pages.
ASSUMPTION
Officials from the Office of State Courts Administrator, Office of Attorney General, and the Department of Public Safety - Missouri State Highway Patrol assume the proposed legislation would have no fiscal impact on their agency.
Officials from the Office of Prosecution Services assume the cost of this proposal can be absorbed with existing costs for prosecutors.
Officials from the Office of the State Public Defender assume that murder of a person less than 12 years of age would already be considered an aggravating factor for a murder in the first degree offense. 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 of a death penalty case.
Officials from the Department of Corrections (DOC) assume persons convicted of first degree murder receive either a life sentence without eligibility for probation or parole or, if aggravating circumstances (not outweighed by mitigating circumstances) are proven, the death penalty may be imposed. It is impossible for the DOC to predict the sentences that may be handed down by the state via the courts. Imposition of a death sentence would reduce the incarceration time of an offender, but the average length of time spend in prison for a death-row inmate exceeds ten years and is, therefore, beyond the scope of this fiscal note.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $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 would make the murder of a child twelve years of age or less an aggravating factor for a murder in the first degree offense.
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 Prosecution Services
Office of State Courts Administrator
Office of the State Public Defender
Department of Public Safety - Missouri State Highway Patrol
Department of Corrections
Office of Attorney General
Jeanne Jarrett, CPA
Director
February 5, 2001