COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 4608-02
Bill No.: SB 1142
Subject: Crimes and Punishment; Criminal Procedure; Courts
Type: Original
Date: March 4, 2002
FISCAL SUMMARY
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2003 | FY 2004 | FY 2005 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| 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.
ASSUMPTION
Officials from the Office of Attorney General, Department of Corrections, and the Department of Public Safety - Missouri State Water Patrol assume the proposed legislation would have no fiscal impact on their agencies.
Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.
Officials from the Department of Public Safety - Missouri State Highway Patrol (MHP) assume state statutes already require a record of a criminal conviction with a suspended imposition of sentence and successful completion of probation to be closed. The MHP assumes that courts would indicate the sealing of the records and the MHP's Information Systems Division (ISD) would not have to do any code changes. Therefore, the MHP assume the proposed legislation would have no fiscal impact on their agency. If the ISD is required to make code changes or become involved in the process of sealing records, there would be fiscal impact and a revised fiscal note would be submitted.
| 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
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
The proposed legislation would allow the sealing of court records when the court imposes a suspended sentence and the person successfully completes any court-ordered probation. Once the records are sealed or closed, the arrest, charges, conviction or guilty plea cannot be used for impeachment purposes. A person would not be guilty of perjury if, in a later case, the person fails to disclose the existence of the sealed record.
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 Attorney General
Department of Public Safety
- Missouri State Water Patrol
- Missouri State Highway Patrol
Department of Corrections
Mickey Wilson, CPA
Acting Director
March 4, 2002