COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3993-01

Bill No.: SB 1006

Subject: Crimes and Punishment; Credit and Bankruptcy

Type: Original

Date: February 4, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Office of Attorney General, Department of Corrections, Department of Public Safety - State Highway Patrol, and the Department of Economic Development - Division of Finance and Division of Credit Unions assume the proposed legislation would have no fiscal impact on their agencies.



Officials from the Office of Prosecution Services assume the proposed legislation would have no fiscal impact on prosecutors.



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 State Public Defender assume existing staff could provide representation for the criminal credit card fraud cases in the venue where the case is being heard. If the venue changes frequently, it may be necessary to request staffing to do the additional travel.





FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0





FISCAL IMPACT - Small Business



The proposal could result in a fiscal impact to small businesses that are defrauded, due to increased travel expenses caused by a change in venue.





DESCRIPTION



The proposed legislation would establish the venue in which the individual could be prosecuted if charged with fraudulent use of a credit card device, or any stealing offense involving another's credit card number. Currently, the venue for criminal offenses is either in the county in which the offense was committed or in any county where any element of the offense was committed if the offense was committed in more than one county. This proposal would allows a prosecution for the fraudulent use of credit cards or stealing involving the fraudulent use of a credit card, check, or checking account to take place in the current venues, as well as in the county where the defendant resides, the county where the victim resides, or the county in which the property obtained was located.



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





SOURCES OF INFORMATION



Office of State Courts Administrator

Office of State Public Defender

Office of Prosecution Services

Department of Public Safety

- State Highway Patrol

Office of the Attorney General

Department of Corrections

Department of Economic Development

- Division of Finance

- Division of Credit Unions











Mickey Wilson, CPA

Acting Director

February 4, 2002