COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2147H.07P Bill No.:Perfected HS for HCS for HB Nos. 1108 & 1181 Subject:Sexual Offenses; Crimes and Punishment; Criminal Procedure; Courts;
Department of Public Safety; Highway Patrol; Department of Health And Senior
Services
Type:Original Date:April 13, 2023Bill Summary:This proposal modifies provisions relating to public safety.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General
Revenue*
More or
less than
($3,591,176)
More or
less than
($3,950,013)
More or
less than
($4,248,964)
More or
less than
($4,767,925)
Total Estimated
Net Effect on
General
Revenue
More or
less than
($3,591,176)
More or
less than
($3,950,013)
More or
less than
($4,248,964)
More or
less than
($4,767,925)
Numbers within parentheses: () indicate costs or losses. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Criminal Record
System (0671)
Less than
$165,000
Less than
$198,000
Less than
$198,000
Less than
$198,000
State Highways
and
Transportation
Department Fund
(0644)($350,250)($420,300)($420,300)($420,300)
Change of Venue
for Capital Cases
Fund$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown
Crime Victims’
Compensation
Fund (0681)
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Total Estimated
Net Effect on
Other State
Funds
Unknown,
Greater than
$64,750
Unknown,
Greater than
$27,700
Unknown,
Greater than
$27,700
Unknown,
Greater than
$27,700 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Federal Funds*$0$0$0$0Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
*Income and costs are estimated at $1.5 million annually and net to $0.
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General Revenue37 FTE38 FTE39 FTE40 FTEFederal Funds17 FTE17 FTE17 FTE17 FTETotal Estimated
Net Effect on
FTE 54 FTE55 FTE56 FTE57 FTE
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Local
Government
(Unknown,
could exceed
$5,500,000)
More or less
than ($140,100)
More or less
than ($140,100)
More or less
than ($140,100)
FISCAL ANALYSIS L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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ASSUMPTION
Oversight was unable to receive some of the agency responses in a timely manner due to the
short fiscal note request time. Oversight has presented this fiscal note on the best current
information that Oversight has or on prior year information regarding a similar bill. Upon the
receipt of agency responses, Oversight will review to determine if an updated fiscal note should
be prepared and seek the necessary approval to publish a new fiscal note.
§37.725 – Disclosures by the Office of Child Advocate
In response to similar legislation from 2023 (Perfected HB 677), officials from the St. Joseph
Police Department assumed the proposal will have no fiscal impact on their organization.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a
zero impact on the fiscal note for this section.
§§43.539 and 43.540 – Missouri Rap Back Program
Officials from the Department of Public Safety - Missouri Highway Patrol assume the
proposal will have no fiscal impact on their organization.
In response to similar legislation from 2023 (SB 264), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for this agency.
In response to similar legislation from 2023 (HB 70), the Missouri Highway Patrol stated, upon
further inquiry, the impact to the Criminal Record System fund is unknown.
§§43.400, 43.401 and 210.795 – Protection of children
Officials from the Department of Public Safety - Missouri Highway Patrol (MHP)
Section 43.400(1) would require an additional 500 entries per year to be made into the National
Center for Missing and Exploited Children (NCMEC) database. The Patrol, with this additional
workload, anticipates the need to add one (1) additional Criminal Intelligence Analyst FTE.
Funding for this FTE would come from General Revenue (0101).
Oversight does not have any information contrary to that provided by MHP. Therefore,
Oversight will reflect MHP’s estimated impact for fiscal note purposes.
Officials from the Department of Social Services (DSS), Children’s Division (CD) state
§210.795 states that a child in the custody of CD whose whereabouts are unknown to the
Division, the child's physical custodian, or contracted service providers, shall be considered
missing and the case manager or placement provider shall immediately inform a law L.R. No. 2147H.07P
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enforcement agency having jurisdiction and the National Center for Missing and Exploited
Children (NCMEC) within two hours of discovery that the child is missing.
DSS shall contact law enforcement every seven days and document the information provided and
any information received. CD shall not petition the court for a release of jurisdiction for the child
or stop searching for the child while the child is missing until the child reaches the age of twenty
one.
In SFY 2022, 780 run occurrences were reported for children in the care of the Children’s
Division. With the new requirements outlined in §210.795, CD estimates an additional 20 hours
per run occurrence resulting in 15,600 additional hours (780 * 20 hours) per year. Therefore,
eight (8) Associate Social Services Specialists (SSS) (15,600 hours/2,080 hours) and one (1)
Social Services Unit Supervisor will be required.
Additionally, proposed section 210.795.1(5) would prohibit the Children’s Division from
petitioning the court for a release of jurisdiction for all youth involved run occurrences until they
reach the age of 21, resulting in an additional 36 months of search and documentation efforts. In
SFY 2022, 116 run occurrences were youth over the age of 18. CD estimates an additional 10
hours per occurrence per month resulting in 13,920 additional hours (116 youth * 10 hours * 12
months) per year to complete additional requirements. Therefore, seven (7) Associate Social
Services Specialists (13,920 hours/2,080 hours) and one (1) Social Services Unit Supervisor
will be needed to cover the additional 36 months of search and documentation efforts.
Therefore, CD will require a total of 15 Associate Social Services Specialists (SSS) and 2 Social
Services Unit Supervisors for a total of 17 FTE to fulfill the provisions of this section.
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by DSS, CD.
§§57.280 and 488.435 – Collection of court costs
In response to similar legislation from 2023 (HB 77), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. Any significant changes will be reflected in future budget requests.
Officials from the Office of the State Treasurer did not respond to Oversight’s request for
fiscal impact for this proposal.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other counties, circuit clerks, county treasurers and sheriff offices were requested to
respond to this proposed legislation but did not. A listing of political subdivisions included in the
Missouri Legislative Information System (MOLIS) database is available upon request. L.R. No. 2147H.07P
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According to DPS’s website, there were 77 county sheriff offices who were subrecipients for the
DSSSF fund in FY 2020:
Andrew CountyDaviess CountyMaries CountyRay CountyAudrain CountyDeKalb CountyMcDonald CountyReynolds CountyBarry CountyDouglas CountyMercer CountyRipley CountyBarton CountyDunklin CountyMiller CountySchuyler CountyBenton CountyGasconade CountyMoniteau CountyScott CountyBollinger CountyGreene CountyMonroe CountyShannon County
Buchanan CountyGrundy County
Montgomery
County
Shelby County
Butler CountyHenry CountyMorgan CountyStoddard County
Caldwell CountyHickory County
New Madrid
County
Sullivan County
Callaway CountyHolt CountyNewton CountyTaney CountyCamden CountyHoward CountyOregon CountyTexas CountyCape Girardeau
County
Howell CountyOsage CountyVernon CountyCarter CountyIron CountyOzark County
Washington
County
Cedar CountyJasper CountyPemiscot CountyWayne CountyChariton CountyJohnson CountyPerry CountyWebster CountyChristian CountyLaclede County Pettis CountyWorth CountyClinton CountyLawrence CountyPike CountyWright CountyCole CountyLinn CountyPolk CountyDade CountyLivingston CountyPutnam CountyDallas CountyMadison CountyRandolph County
Oversight notes the following number of warrants issued, served and recalled over the last 5
years:
2
022
2
021
2
020
2
019
2
018
5
yr. Avg.
I
ssued
8
8,578
1
3,086
1
75,125
2
02,684
2
11,642
1
38,223
S
erved
1
03,120
1
27,917
1
26,122
1
51,834
1
55,641
1
32,927
R
ecalled/Withdrawn
2
8,029
4
8,137
4
8,342
6
0,977
4
9,475
4
6,992
S
ource: Table 77 of OSCA's Annual Judicial & Statistical Report Supplement
C
IRCUIT COURT WARRANTS ISSUED, SERVED & RECALLED L.R. No. 2147H.07P
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Oversight notes §57.280.5 and §488.435.4 of the proposal is clarifying that the $10 fee on
summons, writs, subpoenas and other court orders shall be collected by the court clerk, paid into
the county treasury, sent to the State Treasurer and then deposited into the Deputy Sheriff Salary
Supplementation Fund (DSSSF) under §57.278. Additionally, when a person other than a sheriff
is specially appointed to serve process in a county, he or she must deliver a check, along with
confirmation of service and a notarized affidavit of confirmation, to the circuit clerk to prove that
payment was made to the sheriff for the DSSSF. Therefore, Oversight assumes no net fiscal
impact for these sections of this proposal.
§§67.145, 70.631, 170.310, 190.091, 650.320, and 650.340 – Telecommunicator first responders
In response to similar legislation from 2023 (HB 567), officials from the St. Joseph Police
Department and the Local Government Employees Retirement System (LAGERS) assumed
the proposal will have no fiscal impact on their respective organizations. Oversight does not
have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal
note for these sections.
§§84.344 and 285.040 – Residency requirements
Oversight notes this proposal removes the residency requirement for certain public safety
employees in St. Louis City.
§160.660 – School safety criteria
Officials from the Department of Elementary and Secondary Education (DESE) state
Section 160.660.1(3) requires that the state board of education shall add to the school facilities
and safety criteria provisions the requirement that each school district building have bullet-
resistant doors and windows on all first-floor entryways and bullet resistant glass for each
exterior window large enough for an intruder to enter through. Section 160.660.2 makes this
requirement subject to a specific appropriation to address school safety.
The Bipartisan Safer Communities Act funding of $15 million could be used for the replacement
of doors and windows made with bullet-resistant materials. However, DESE cannot require that
schools use the BSCA funding on only doors and windows. There are approximately 2,200
public school buildings in Missouri. It is unknown how many currently have bullet-resistant
doors and windows. It is also unknown how many doors and windows would need to be
replaced. A search on bullet-resistant products showed widely different costs depending on the
material and size selected. DESE is unable to estimate an exact cost. The cost is unknown but
DESE estimates that it could exceed $1 million.
Oversight notes the provisions of this bill state beginning in the 2024-25 school year, each
school district building to have bullet-resistant doors and windows on all first-floor entryways
and bullet resistant glass for each exterior window large enough for an intruder to enter through. L.R. No. 2147H.07P
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Oversight notes a bullet-resistant door can range in cost from $2,500 to more than $4,000 based
on a CNN article from 2019. Oversight notes there are approximately 2,200 public school
buildings in Missouri. Oversight is uncertain how many school buildings currently have bullet-
resistant doors. However, if this proposal required installing two doors per building in half of the
buildings (2,200 doors), the cost is estimated to be $5,500,000 (assuming a cost of $2,500 per
door). Oversight notes this estimate does not include the installation of bullet-resistant windows
on the ground floor. Therefore, Oversight assumes the cost for this provision could substantially
exceed $5,500,000.
§193.265 – Vital records
Officials from the Department of Health and Senior Services (DHSS) state the proposed
legislation would create Section 193.265.6, which would waive the fee for a certified copy of a
birth, death, or marriage certificate if requested by a prosecuting attorney, circuit attorney or the
Attorney General. According to a Missouri survey conducted by the National Prosecutors’
Consortium (https://www.prosecutors.mo.gov/files/Missouri%20Survey%20Report.pdf), in
2018, 41% of Missouri prosecuting offices responded, and on average, each office reviewed
1,219 felony cases and 1,845 misdemeanor cases. For an estimated average total cases of 3,064
per office, per annum. Missouri has 115 elected prosecutors from each of the 114 counties and
the City of St. Louis. Combined, this is an average of 352,360 cases reviewed each year across
the state. Not all prosecuting offices responded to the Consortium survey, so exact metrics were
not available for all local offices. It is also not known how many of these cases would result in a
request for a copy of a vital record. Therefore, a range from 0 to 352,360 requests are estimated
to be possible.
Moreover, the proposed language does not limit the number of certificate requests that could be
made nor does it limit the purpose for which the certificates may be requested for free nor
specify or require that the requestor be an official from Missouri. As a result, the number of
certificates requested could exceed 352,360. Considering these unknown and/or estimated
variables, the number of FTE needed will be an estimated with a range.
While this proposed legislation references birth, death, and marriage certificates, the cheapest
and typically most requested certification (death--$14) will be used to make estimated
calculations.
As requests from the Missouri Attorney General (AGO) are also included in this proposed
legislation, the estimated 700 criminal appeals (https://ago.mo.gov/criminal-division/criminal-
appeals) that are handled by the AGO each year are factored into these calculations. This
estimate does not include any other appeals or cases that may be handled by the AGO. This
would bring the estimated total of potential requests to 353,060.
Estimating from current vital records issuance metrics, an average of 200 certificates issued to
the Missouri Attorney General and an average of 150 certificates issued to local
circuit/prosecuting attorneys per annum, would result in a total loss of certificate issuance L.R. No. 2147H.07P
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revenue of $4,900 per fiscal year.
Death certificates have a current fee split of $5.00 per certificate to the Children’s Trust Fund;
$3.00 to the Missouri Public Health Fund; $4.00 to General Revenue; $1.00 to Endowed Care
Cemetery; and $1.00 to the Coroner’s Training fund. This is assuming all certificate requests
come to the state office. Any requests completed at the local level by local public health agencies
(LPHAs), would impact local public health funding.
FTE count comes from the calculation of a ten (10) minute application review, processing, and
issuance time average with 2,080 working hours per annum which equals 12,480 applications
processed per FTE. Most applications take fifteen (15) minutes, but a shorter time of ten (10)
minutes per application was used in this calculation, as requests from “agencies”, such as
prosecutors and the Attorney General’s Office, can usually be done slightly faster due to
typically less documentation to review per request.
As a result, the range of FTE would be zero (0) FTE if there were zero (0) certificates requested
to twenty-eight (28) FTE if 353,060 certificates were requested. However, due to current staffing
levels, the Bureau of Vital Records (BVR) estimates that it could absorb up to 1-2% (3,530-
7,061 certificates) of the full amount of certificate requests. The bureau currently issues
approximately 68,000 certificates of all types each year.
The Division of Administration would have an Unknown General Revenue cost. Depending on
the number of certificates requested, and the number of new staff that is required by the Bureau
of Vital Records, the Division could require additional staff to assist in the administrative
processes for the program. It is assumed that the Division can absorb the costs of this bill with
current resources. However, if the workload significantly increased or other legislation was
enacted, additional resources would be requested through the appropriation process. For each
actual cost, loss, revenue and/or savings, indicate if your agency has existing budget authority
that can absorb the cost or be reduced by the savings. The cost/savings must be indicated by the
appropriation number, fund number, FTE and amount for the current FY and Governor’s
recommended budgets.
Oversight assumes based on the current vital records issuance metrics, an average of 200
certificates issued to the Attorney General and an average of 150 certificates issued to local
circuit/prosecuting attorneys per annum, would result in a loss of $4,900 per fiscal year.
Oversight assumes these amounts are not material and, therefore, will not reflect a fiscal impact
from this change.
In response to a previous version, officials from the Missouri Office of Prosecution Services
(MOPS) stated this provision would provide for a positive fiscal impact to prosecuting attorneys
and the circuit attorney since they will not have to pay for birth, death, or marriage certificates.
The amount of that positive fiscal impact is unknown. L.R. No. 2147H.07P
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Oversight does not have any information contrary to that provided by MOPS. Therefore,
Oversight will reflect MOPS’s estimated unknown impact for fiscal note purposes.
§195.817 – Background checks related to marijuana facilities
Officials from the Department of Public Safety - Missouri Highway Patrol assume the
proposal will have no fiscal impact on their organization.
Oversight obtained additional information from the MHP regarding background check fees.
Current background check fees cost $41.75 each, broken out at follows:
$20.00 State fee
$13.25 Federal Fee
$ 8.50 Vendor fee
$41.75 Total
In addition to the State fee of $20, the state receives $2 as a pass-through fee from federal
government. Therefore, for each background check conducted, $22 will be deposited into the
Criminal Record System Fund (0671).
Oversight also obtained additional information from the DHSS projecting the number of ID
applications they anticipate receiving as a result of the passage of Amendment 3. DHSS said they
anticipate receiving 9,000 agent ID applications for each FY2024 and FY2025 and don’t expect
agent applications to increase significantly past the numbers projected for FY 2025. Currently,
DHSS started issuing agent licenses in April 2020 and the licenses are valid for three years,
therefore, DHSS estimates renewals occurring starting in 2023. DHSS projects the same average
beyond the period of the fiscal note and doesn’t anticipate tapering off of applications.
Since the actual number of applications is unknown, Oversight assumes the impact to the
Criminal Records System Fund could be up to $198,000 annually ($22 * 9,000 applications).
§210.305 - Grandparent or relative placement preferred in emergency placements
Officials from the Department of Social Services (DSS) state this proposal modifies provisions
relating to the placement of a child with a grandparent or other relative.
§210.305 currently defines "Diligent search" as, an exhaustive effort to identify and locate the
grandparents or relatives whose identity or location is unknown. This bill expands the definition
of diligent search.
Proposed §210.305.5 will require additional tasks that need to be completed prior to the
Interstate Compact Placement of Children (ICPC) packet and requires the coordination of several
agencies that create additional barriers on receiving medical records, school records and L.R. No. 2147H.07P
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additional social summary information that must all be accessed before the paperwork for the
ICPC packet can be completed.
According to CD’s Managed Reporting, there was an average of 6,593 children that entered
foster care during SFY 2021 and SFY 2022. On average, ICPC packet takes four hours to
complete depending on the information that is available to the worker. It is anticipated that there
would be a minimum of two ICPC packets per child. That would result in an anticipated increase
of 52,744 hours per year (6,593 children * 4 hours * 2 ICPC packets per child) to begin the ICPC
process. Therefore, CD estimates 25 Associate Social Services Specialists (SSS)
(52,744/2,080 hours) and three (3) Social Service Unit Supervisors (25 Associate SSS/10
Associate SSS per Supervisors) will be needed to meet the requirements of this section. In
addition, one (1) Social Services Specialist to complete the ICPC data entry process.
In response to similar legislation from 2023 (HCS HB 1005), officials from the DSS, Division of
Legal Services (DLS)
represent and prepare CD staff when there is an allegation that the requirements of the statute
regarding diligent search have not been met.
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by the DSS, CD and DSS, DLS.
In response to similar legislation from 2023 (HCS HB 1005), officials from the Office of the
State Courts AdministratorKansas City Police Department each assumed the
proposal will have no fiscal impact on their respective organizations. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note
for these agencies for this section.
§211.071 – Certification of juveniles for trial as adults
Officials from the Department of Corrections (DOC) assume this proposal modifies relating to
the certification of juveniles for trial as adults. The proposed legislation does not provide any
new penalties or offenses but increases the likelihood that a juvenile could be transferred to a
court of general jurisdiction and sentenced there under section 211.071.
It is unknown how many juveniles will be transferred to a court of general jurisdiction and it is
unknown the number of those convicted of armed criminal action; therefore, the DOC will have
to assume an unknown fiscal impact.
In response to similar legislation from 2023 (SB 406), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. Any significant changes will be reflected in future budget requests.
Oversight notes the number of juveniles certified to adult court over the last 5 years: L.R. No. 2147H.07P
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§§307.018 and 556.021 – Warrants for failure to appear
In response to a previous version, officials from the Department of Revenue (DOR) assumed
the following regarding this proposal:
Administrative Impact
To implement the proposed changes, the Department will be required to:
• Complete programming and user acceptance testing to create a new action type in the Missouri
Driver License (MODL) system;
• Create new procedures, training manuals, notices, and forms;
• Update the Department website and driver guide; and
• Train Staff.
FY 2024 – Driver License Bureau
Research/Data Assistant 504 hrs. @ $17.20 per hr. = $8,669
Research/Data Analyst 504 hrs. @ $25.63 per hr. = $12,918
Administrative Manager 504 hrs. @ $27.82 per hr. = $14,021
Total $35,608
FY 2024 – Personnel Services Bureau
2 Associate Research/Data Analyst 336 hrs. @ $20.54 per hr. $6,901x 2 = $13,802
Total Costs $49,410
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these
activities; therefore, Oversight will not reflect the administrative costs DOR has indicated on the
fiscal note.
In response to a previous version, DOR noted OA-ITSD services will be required at a cost of
$33,653 in FY 2024 (354.24 hours x $95 per hour).
Oversight does not have any information to the contrary in regards to DOR’s assumptions;
therefore, Oversight will reflect DOR’s OA-ITSD costs on the fiscal note.
2
021
2
020
2
019
2
018
2
017
5
yr. Avg.
C
ertified to Adult Court
3
6
3
2
4
8
4
1
6
0
4
3
S
ource: Table 56 of OSCA's Annual Report Supplement
J
UVENILE CASES DISPOSED BY DISPOSITION L.R. No. 2147H.07P
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Revenue Impact
In response to a previous version, DOR noted a $20 reinstatement fee is imposed for
reinstatement for any license suspension. This is a possible revenue loss if courts choose to use
this new legislation instead of the suspension of license based on §302.341 - Instate Failure to
Appear statute.
In FY 2021, 28,112 compliances were processed with a potential of $562,240 reinstatement fees
collected. In FY 2022, 28,020 compliances were processed with a potential of $560,400.
(Reinstatement fees are only required for two years from effective date of the action. If
compliances are received after two years, the fee is no longer required for the action to be
reinstated)
For the purposes of this fiscal note, the Department will estimate a loss of reinstatement fees of
unknown to $560,400. Reinstatement fees collected are distributed 75% Highway Fund, 15%
cities, and 10% counties.
The fiscal impact estimated above is based on changes in the current Department’s Motor
Vehicle and Driver Licensing system environment. The implementation of this legislation will be
coordinated with the integration of the Department’s Motor Vehicle and Driver Licensing
software system approved and passed by the general assembly in 2020 (Senate Bill 176). To
avoid duplicative technology development and associated costs to the state, it is recommended a
delayed effective date be added to this bill to correlate with the installation of the new system.
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by DOR.
In response to a previous version, officials from the City of Kansas City
fiscal impact of an indeterminate amount.
MOPS states the delay in collecting traffic infraction fines may cause a negative fiscal impact to
MOPS, prosecutors and the circuit attorney. The surcharge is used to fund both the office and
training of prosecutors and the circuit attorney. The amount of the negative impact is unknown.
Oversight does not have any information contrary to that provided by MOPS. Therefore,
Oversight will reflect MOPS’s $0 to (unknown) impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 305), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. Any significant changes will be reflected in future budget requests.
Oversight assumes OSCA is provided with core funding to handle a certain amount of activity
each year. Oversight assumes OSCA could absorb the costs related to this proposal. If multiple L.R. No. 2147H.07P
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bills pass which require additional staffing and duties at substantial costs, OSCA could request
funding through the appropriation process.
§320.210 – Fire protection employees
In response to a previous version, officials from the Department of Public Safety - Fire Safety
assumed the proposal will have no fiscal impact on their organization. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note
for this section of the proposal.
§321.246.1 – Fire protection districts
In response to similar legislation from 2023 (HB 648), officials from the Office of
Administration - Budget and Planning (B&P) noted the proposal errs in an attempt to correct
the reference to first class counties with a charter form of government. Charter counties are not
first class counties. The only charter counties in Missouri are Jackson, Jefferson, St. Louis, and
St. Charles counties. In Leiser v. City of Wildwood, “the court ruled that no county in Missouri
can be a county of the first class and have a charter form of government.” Therefore, B&P states
the Subsection 321.246.1 change is incorrect.
Section 321.246.4 – Fire protection districts
In response to similar legislation from 2023 (HB 648), officials from the Office of
Administration - Budget and Planning (B&P) noted the language in this subsection removes
the word “district” from the name of fire protection sales tax trust fund, which aligns the name
with the statutory name in section 321.242.
B&P defers to the fire protection districts for the fiscal impact. This proposal:
• Has no direct impact on B&P.
• Has no direct impact on general or total state revenues.
• Will not impact the calculation pursuant to Art. X, Sec. 18(e).
DOR’s 1% administration fee for handling the collection of the taxes will not be impacted by the
changes.
In response to similar legislation from 2023 (HB 648), officials from Jackson County assumed
the proposal will have no fiscal impact. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note for this section.
§547.500 – Conviction Integrity Unit Act
Officials from the Missouri Office of Prosecution Services (MOPS) state creating the
conviction review unit as proposed in the bill will require hiring three additional staff; two (2)
attorneys and an (1) investigator, resulting in a total cost of $256,000. At present MOPS believes L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 15 of 48
April 13, 2023
DD:LR:OD
they can use the paralegal received in FY 2023 to help the unit as needed. MOPS’ assumption is
based on consideration of the following: (1) Since only two counties (Jackson and St. Louis) and
the circuit attorney currently have conviction review units, MOPS would be responsible for
reviewing actual innocence claims from 112 counties and any handled by the Attorney General
as conflict prosecutor; (2) looking at what other states' statewide units have, and using Jackson
County in particular, MOPS will need two experienced attorneys (with backgrounds in
prosecution and defense) and an investigator. This bill, recognizing the need for adequate and
meaningful staffing, also specifically provides for those three positions. The PS includes
maximum salary of $80,000 for each attorney and $60,000 for the investigator. Total PS of
$220,000 and E&E of $36,000. (The E&E is based on E&E of current resource prosecutors).
The total cost adding PS and E&E is $256,000.
Oversight notes that in their FY 2024 budget request, MOPS has asked for these new FTE in a
New Decision Item (DI#1282002) for the same amounts described above. Oversight has added
to MOPS’ estimate the cost of fringe benefits.
Oversight notes in HB 3012 (2022), the Missouri Office of Prosecution Services (not to exceed
12 FTE) budget included four funds:
General Revenue (0101) $ 346,750
MOPS – Federal (0107) $1,165,341
MOPS Legal (0680) $2,197,380
MOPS Revolving (0844). $ 161,673
TOTAL $3,871,144
For simplicity, Oversight will assume the new conviction review unit will be paid for with by
General Revenue funds (as requested in their NDI). Oversight notes the proposal requires
MOPS to develop an application process, including fees (which shall be waived for indigence).
The Missouri Office of Prosecution Services shall have the power to create an application
process for review of claims of actual innocence which shall not have any excessive fees and
fees shall be waived in cases of indigence.
§550.125 – Change of venue
In response to similar legislation from 2023 (HB 83), officials from Cole County stated the
county has a case set for 2024 that is a triple homicide on a change of venue. The jury will need
to be sequestered. The costs associated with sequestering jurors are at this time estimated to be
just under $90,000. There is no expectation that the originating county (Wayne County) will be
able to reimburse Cole County for those costs, so that would be a fiscal impact to Cole County
that could potentially be alleviated by the establishment of this proposed fund.
Oversight does not have information to the contrary. Since the case is set for 2024, Oversight is
unclear if the full reimbursement to Cole County would occur in FY24 or FY25. Oversight is
also unclear how many other cases in other counties could also be reimbursed from this fund. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 16 of 48
April 13, 2023
DD:LR:OD
Therefore, Oversight will reflect the estimates as $0 to unknown as stated in the fiscal impact
chart below.
In response to a previous version, officials from the Office of the State Courts Administrator
(OSCA) assumed there may be some impact but there is no way to quantify that currently due to
the unknown number of sequestered jury capital cases on a change of venue with applications
submitted for reimbursement from the proposed fund. OSCA may be able to absorb with
existing staff and resources but would reflect any actual needs in future budget requests.
Oversight does not have information to the contrary and therefore, Oversight will assume that
OSCA will have no direct cost due to this proposal.
In response to similar legislation from 2022 (HB 1548), officials from the Office of the State
Treasurer assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note to STO for this section.
Oversight notes below is the 5 year average of the occurrence of disposed felony cases that had
change of venue in the State of Missouri:
Change of Venue cases for Felony Cases represent a small percentage of the overall Felony
Cases. It is assumed that capital cases would be an even smaller percent.
Oversight notes that the new fund would be subject to appropriation by the General Assembly
and that counties could receive reimbursement for cost associated with a change of venue on a
capital case with the sequestering of jurors. Oversight notes that OSCA will disburse the money
to the county if they are eligible for reimbursement. Oversight notes not all funds may be
reimbursed to the counties. Therefore, Oversight will reflect appropriations going to the new
fund from general revenue as a $0 to unknown and potential reimbursements to counties as a $0
to unknown from the new fund for this proposal. Oversight notes if 609 cases applied for
$90,000 (example provided by Cole County), this would equate to over $54 million.
§557.520 – DWI diversion program
Officials from the Department of Revenue (DOR) assume the following:
2
021
2
020
2
019
2
018
2
017
5
yr. Avg
T
otal Circuit Felony Cases Disposed*
3
5,937
3
6,008
4
5,782
4
6,148
4
5,132
4
1,801
T
otal Change of Venue Cases**
6
09
5
92
5
77
6
83
7
53
6
43
P
ercentage of Felony Cases with
C
hange of Venue
1
.7%
1
.6%
1
.3%
1
.5%
1
.7%
1
.5%
*
Table 1 of OSCA's Annual Report Supplement
*
*Table 50 of OSCA's Annual Report Supplement L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 17 of 48
April 13, 2023
DD:LR:OD
Administrative Impact
Programming to the current Missouri Driver License (MODL) system would be extensive to
enter court ordered diversion information received from the prosecuting or circuit attorney, and
notifying the program participant of their compliance requirements through system generated
notices.
This proposed language is requiring the DOR to be notified of violations from the ignition
interlock device for program participants. The DOR does not currently receive or maintain
record of violations. Currently, the DOR requires the approved Missouri manufacturers to track
and maintain this data and only certify a driver once they have successfully completed the
required monitoring time-period. These legislative changes would require the DOR to track and
interpret this data specifically related to this diversion program. There are six approved
manufactures in Missouri. Multiple new electronic file exchanges to each manufacturer would
need to be developed to exchange data daily between the DOR and each manufacturer. This
would require an additional file reporting violations to be developed and electronically
exchanged for each approved manufacturer. Multiple reports would need to be generated to
ensure the integrity of the data and meet the current DOR auditing processes.
If the criminal case has been reinstituted, the DOR will need to evaluate the conviction as a
second –time offender. This would cause the point value related to the conviction to increase
from 8 points to 12 points and add an IID installation to their reinstatement requirements. This
also would require changes made to the five and ten-year denial evaluation routine.
In FY22, the DOR received 29,901 DWI reports making the potential for offenders enrolled into
this diversion program to be extensive. They assume that if 50% of offenders would be accepted
in to this new program, the DOR would plan to receive approximately 14,951 court orders
notifying enrollment. DOR would require a new team of personnel to receive these enrollments,
track and process the compliance paperwork, manage the vendor relationships with IID changes,
and develop/implement a continuous monitoring process for any device violations and court
actions for program participants.
A customer service representative can process 224 court-ordered documents per day. The DOR
anticipates receiving approximately 59 each day, which would require one additional staff
member for processing. In addition to a processing FTE, DOR anticipates a need for two (2)
additional FTEs for call center inquiries.
The DOR has no statistics available to anticipate the number of staff required to review and
interpret the new violation file exchanges, therefore, additional FTEs may be requested through
the appropriations process. These positions would require a more robust skill set including
knowledge of court and administrative process, customer and vendor relationship management,
and quality assurance tracking and reporting. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 18 of 48
April 13, 2023
DD:LR:OD
Associate Customer Service Rep. ($2,600 month X 3) =
FY24 = $ 78,000 (10 months)
FY25 = $93,600
FY26 = $93,600
To implement the proposed legislation, the DOR will be required to:
• Complete business requirements and design documents to modify the Missouri Driver License
System (MODL)
• Complete programming and user acceptance testing for the new diversion program for driving
privileges, IID violations and tracking of the violations, dismissed charges of the program,
criminal cases imposed and their penalties on the drivers.
• Testing with the ignition interlock manufacturers of the new files exchanges
• MODL generated notices
• CTG programming
• Conviction routine evaluation
• Update policies, procedures, reports, forms, and the DOR website.
• Training for employees
FY 2024 – Driver License Bureau (testing of forms and website updates)
Research/Data Analyst 1300 hrs. @ $25.63 per hr. = $33,319
Research/Data Assistant 1300 hrs. @ $17.20 per hr. = $22,360
Administrative Manager 1000 hrs. @ $27.82per hr. = $27,820
Total = $83,499
FY 2024 – Personnel Services Bureau (forms and website updates)
Associate Research/Data Analyst 336 hrs. @ $20.54 per hr. = $ 6,901
Total= $90,400
The fiscal impact estimate above is based on changes in the current MO Driver License System
environment. The DOR is pursuing an upgraded Motor Vehicle and Driver Licensing system and
to reduce duplicative development and reduce cost, the sponsor may want to consider a delayed
effective date that would allow the proposed changes be developed within the new proposed
environment. The total fiscal potential impact to develop changes in the proposed system in
addition to the current environment is unknown.
Administrative Impact GCO
DOR’s General Counsel’s Office (GCO) notes if the increase is more significant than anticipated
or additional laws are passed that impact the GCO, additional FTE or Attorneys may be
requested through the appropriations process. It is unclear how many individuals/attorneys will
inquire through GCO regarding client questions regarding installation/suspension of the IID or
how many individuals will appeal to the Circuit Court once their IID has been cancelled or
suspended. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 19 of 48
April 13, 2023
DD:LR:OD
Oversight notes DOR assumes the need for a one-time IT cost of $269,222 for 2,833.92 hours of
work at $95 per hour in FY 2024.
Oversight is unclear on the timeframe for updating DOR’s Motor Vehicle and Driver Licensing
software system and will, therefore, reflect costs estimates as provided by DOR as if the changes
were implemented starting in FY24.
Oversight notes §557.520.6(3) requires the person in the program to pay a fee, as determined by
DOR, that is sufficient to cover the costs of administration of this section. Oversight will assume
an unknown amount of revenue from this provision.
In response to a previous version (SB 74), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. During FY 2017 through FY 2021, the average number of alcohol related case filings
18,680 potentially could be impacted. Any significant changes will be reflected in future budget
requests.
Oversight notes the following response from OSCA regarding a potential duplication of their
DWI treatment court program:
The DWI Treatment Courts use certified ignition interlock devices with Limited Driving
Privileges. Once the participant is in compliance with Section 302.309, RSMo and has completed
the required days in the program, the participant must file proof with the DOR that any motor
vehicle operated by the person is equipped with a functioning, certified ignition interlock device.
The participant must have the required insurance on file and the court shall indicate the
termination date of the privilege, which shall not be later than the end of the period of suspension
or revocation.
It is not a duplication of programs as the bill calls the program a "diversion program" not a
"treatment court" so Section 478.001, RSMo may not apply. Section 478.001, RSMo classifies
DWI court as a treatment court focused on addressing the substance use disorder or co-occurring
disorder of defendants who have pleaded guilty to or been found guilty of driving while
intoxicated or driving with excessive blood alcohol content. Most DWI Court programs focus on
felony DWI offenders, some involving crashes with victims.
Whereas the proposed bill states after the completion of the DWI diversion program and if the
defendant has complied with all the imposed terms and conditions, the court shall dismiss the
criminal case against the defendant, record the dismissal, and transmit the record to the Missouri
uniform law enforcement system (MULES).
Oversight notes information from OSCA’s DWI Treatment Court Program according to their
FY24 Budget Book Request: L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 20 of 48
April 13, 2023
DD:LR:OD
DWI Treatment Court Activity
DWI court focuses on addressing the substance use disorder or co-occurring disorder of
defendants who have pleaded guilty to or have been found guilty of driving while intoxicated or
driving with excessive blood alcohol content.
Oversight assumes since the DWI diversion program is a separate program from the current
DWI Treatment Court Program, OSCA’s case work could increase with the additional work that
goes along with the dismissal of cases or holding additional hearings outlined in subsections 8
and 9 of this proposal. Therefore, Oversight will reflect a $0 to unknown cost for this proposal
for OSCA.
In response to similar legislation from 2023 (SCS SB 74), officials from the Kansas City Police
Department and the St. Joseph Police Department each assumed the proposal will have no
fiscal impact on their respective organizations. Oversight does not have any information to the
P
ROGRAM STATISTICS
C
Y 21
C
Y20
C
Y19
C
Y18
P
articipants Served
9
56
966
1,194
1,284
P
rograms
2
3
2
3
2
3
2
2
C
ommunity Service Hours Performed
60,790
80,829
81,088
57,035
R
etention Rate
N
/A
9
4%
9
3%
9
1%
G
raduation Rate
8
8%
9
2%
8
9%
8
2%
S
ource: OSCA FY24 Budget Request L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 21 of 48
April 13, 2023
DD:LR:OD
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies for
this section of the proposal.
In response to a previous version (SB 74), officials from Jefferson CityKansas City and the
City of O’Fallon each assumed the proposal will have no fiscal impact on their respective
organizations. Oversight does not have any information to the contrary. Therefore, Oversight
will reflect a zero impact in the fiscal note for these agencies for this section of the proposal.
§558.031 – Credit for jail time
DOC states this proposal modifies provisions relating to jail-time credit. The department is
unable to project a fiscal impact due to not knowing the amount of “additional” credit that may
be awarded.
Oversight notes the provisions of this proposal allow the court to award additional credit toward
the service of a sentence of imprisonment by changing the beginning of the credit accrual to after
the offense occurred. Therefore, Oversight will reflect a range of $0 (no additional credit
awarded) to DOC’s estimated unknown impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 1133), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for these agencies for this section.
§565.003 – Homicide offense
In response to a previous version, officials from the Office of the State Courts Administrator
assumed the proposal will have no fiscal impact on their organization. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note
for these agencies for this section of the proposal.
§§566.151 and 567.030 – Criminal offenses involving a child
DOC states this proposal modifies provisions relating to criminal offenses involving a child.
Section 566.151 changes the age of the victim from any person who is less than fifteen to less
than seventeen years of age. Section 567.030 changes the age of the victim from less than
eighteen years of age but older than fourteen to older than fifteen years of age. The bill changes
the existing class D felony to a class B felony.
Regarding section 566.151, the increase in the minimum age under which a person can be
considered enticed as a child could create additional instances in which a person could be
charged with a crime under this section. However, there is no available data to determine the
number of 16 and 17 year olds to whom this could have potentially applied. Therefore, the
impact is an unknown cost. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 22 of 48
April 13, 2023
DD:LR:OD
Regarding section 567.030, there were two new court commitments to prison and one new
probation case under this section during FY 2022. These offenses would be changed from class
D felonies to class B felonies. The average sentence length for a class D felony sex and child
abuse offense is 6.6 years, with 5.3 years spent in prison. Changing this to a class B felony would
extend the sentence length to 9.0 years, with 7.2 years spent in prison.
The estimated cumulative impact on the department would be an additional 6 offenders in prison
and an additional (2) offenders on field supervision by FY 2031.
Oversight notes, from information provided by the State Courts Administrator, the following
number of felony convictions under §566.151 and §567.030:
FY 2019 FY 2020 FY 2021 FY 2022
§566.151 felonies 15 19 25 22
§567.030 felonies 1 0 2 3
§§569.100 and 570.030 – Teller machines
DOC states this proposal modifies and establishes offenses involving teller machines.
Section 569.100 makes the offense of property damage in the first degree a class D felony;
unless the purpose is to defraud or obtain any property with a value exceeding $750, or the
damage to the teller machine exceeds $750, in which case is a class C felony. The offense of
obtaining personal financial credentials of another person, or second and subsequent violations,
is a class B felony.
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
3 3 3 3 3 3 3 3 3 3
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 0 0 0 2 5 6 6 6
P
arole
0 0 0 0 0 -
2
-
4
-
2
2 2
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 0 0 2 5 6 6 6
F
ield Population
0 0 0 0 0 -
2
-
4
-
2
2 2
P
opulation Change
0 0 0 0 0 0 1 4 8 8 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 23 of 48
April 13, 2023
DD:LR:OD
Section 570.030 makes the offense of stealing a teller machine (or the contents of including cash,
regardless of the amount) is a class C felony.
The intent of the bill is to create one class B felony, two class C felonies and one class D felony.
Given the seriousness of class B felony offenses and that the introduction of a completely new
class B felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class B felony as their most serious sentence had an
average sentence length of 9.0 years and served, on average, 3.4 years in prison prior to first
release. The department assumes one third of the remaining sentence length will be served in
prison as a parole return, and the rest of the sentence will be served on supervision in the
community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
0 additional offenders on field supervision by FY 2028.
For one new nonviolent class D felony, the department estimates three people could be sentenced
to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining
2.2 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 8 additional offenders in prison and
16 additional offenders on field supervision by FY 2026.
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 24 of 48
April 13, 2023
DD:LR:OD
For two new class C felonies, the department estimates 8 people could be sentenced to prison
and 12 to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on
parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 30 additional offenders in prison and
54 additional offenders on field supervision by FY 2029.
Additionally, the proposal establishes the offense of mail theft, a class E felony.
For each new nonviolent class E felony, the department estimates one person could be sentenced
to prison and two to probation. The average sentence for a nonviolent class E felony offense is
C
hange in prison admissions and probation openings with legislation-Two Class D Felonies (nonviolent)
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0
C
hange in prison admissions and probation openings with legislation-Three Class C Felonies
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
8 8 8 8 8 8 8 8 8 8
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
hange (After Legislation - Current Law)
A
dmissions
8 8 8 8 8 8 8 8 8 8
P
robations
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
umulative Populations
P
rison
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
P
arole
0 0 0 2 1
0
1
8
2
6
2
6
2
6
2
6
P
robation
1
2
2
4
3
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
I
mpact
P
rison Population
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
F
ield Population
1
2
2
4
3
6
3
8
4
6
5
4
6
2
6
2
6
2
6
2
P
opulation Change
2
0
4
0
6
0
6
8
7
6
8
4
9
2
9
2
9
2
9
2 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 25 of 48
April 13, 2023
DD:LR:OD
3.4 years of which, 2.1 years could be served in prison with 1.4 years to first release. The
remaining 1.3 years could be on parole. Probation sentences could be 3 years.
The cumulative impact on the department is estimated to be 2 additional offenders in prison and
7 additional offenders on field supervision by FY 2026.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the proposed legislation creates new offenses under sections 569.100 and 570.030 which
could result in additional cases eligible for SPD representation. The number of additional cases is
unknown and as a result the fiscal impact is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
§§569.170 and 569.175 – Offenses involving motor vehicles
DOC states section 569.170 creates a new class C felony of burglary in the 2nd degree when a
burglary involving a motor vehicle is committed with the possession of a firearm, a new class D
felony of burglary in the 2nd degree when a person enters a motor vehicle with the intent to
commit a felony or theft, and section 569.175 creates a class E felony when a person unlawfully
gains entry into a motor vehicle.
For each new nonviolent class E felony, the department estimates one person could be sentenced
to prison and two to probation. The average sentence for a nonviolent class E felony offense is
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 26 of 48
April 13, 2023
DD:LR:OD
3.4 years, of which 2.1 years will be served in prison with 1.4 years to first release. The
remaining 1.3 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 2 additional offenders in prison and
7 additional offenders on field supervision by FY 2026.
For each new nonviolent class D felony, the department estimates three people could be
sentenced to prison and five to probation. The average sentence for a nonviolent class D felony
offense is 5 years, of which 2.8 years will be served in prison with 1.7 years to first release. The
remaining 2.2 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 8 additional offenders in prison and
16 additional offenders on field supervision by FY 2026. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 27 of 48
April 13, 2023
DD:LR:OD
For each new class C felony, the department estimates four people could be sentenced to prison
and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on
parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 15 additional offenders in prison and
19 additional offenders on field supervision by FY 2027.
The impact of a new class C felony, a new class D felony and a new class E felony on the
department is estimated to be 25 additional offenders in prison and 52 on field supervision by FY
2028. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 28 of 48
April 13, 2023
DD:LR:OD
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the proposed legislation creates new offenses under sections 569.170 and 569.175 which
could result in additional cases eligible for SPD representation. The number of additional cases is
unknown and, as a result, the fiscal impact is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2023 (HCS HB Nos. 187 & 570), officials from the
Missouri Office of Prosecution Services (MOPS) assumed the proposal will have no
measurable fiscal impact on MOPS. The enactment of a new crime (569.175) creates additional
responsibilities for county prosecutors and the circuit attorney which may, in turn, result in
additional costs, which are difficult to determine.
In response to a previous version, officials from the Office of the State Courts Administrator
assumed the proposal will have no fiscal impact on their organization.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these agencies.
§571.020 – Possession of knuckles
DOC states Section 571.020 is amended to remove knuckles from the list of prohibited weapons.
Thus, knowingly possessing, manufacturing, transporting, repairing, or selling knuckles is no
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
8 8 8 8 8 8 8 8 8 8
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
C
hange (After Legislation - Current Law)
A
dmissions
8 8 8 8 8 8 8 8 8 8
P
robations
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
C
umulative Populations
P
rison
8 1
6
2
2
2
5
2
5
2
5
2
5
2
5
2
5
2
5
P
arole
0 0 2 6 1
3
1
7
2
1
2
1
2
1
2
1
P
robation
1
3
2
6
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
I
mpact
P
rison Population
8 1
6
2
2
2
5
2
5
2
5
2
5
2
5
2
5
2
5
F
ield Population
1
3
2
6
4
1
4
5
5
2
5
6
6
0
6
0
6
0
6
0
P
opulation Change
2
1
4
2
6
3
7
0
7
7
8
1
8
5
8
5
8
5
8
5 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 29 of 48
April 13, 2023
DD:LR:OD
longer punishable with a class A misdemeanor. As misdemeanors fall outside the purview of the
department of corrections, they estimate no impact from the proposed changes.
In response to similar legislation from 2023 (HB 1223), officials from the Kansas City Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for these agencies for this section.
§571.030 – Firearms
In response to similar legislation from 2023 (HB 571), officials from the Kansas City Police
Department and the St. Joseph Police Department assumed the proposal will have no fiscal
impact on their organization. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note for this section of the proposal.
§571.031 – Blair’s Law
In response to similar legislation from 2023 (HCS HB 109), officials from the Department of
Corrections (DOC) stated the areas already covered in statute for unlawfully discharging a
firearm include dwelling house, railroad train, boat, aircraft, motor vehicle, schoolhouses,
courthouses or church buildings. These locations cover many areas within a municipality. For
that reason, the additional instances which would fall within Blair’s Law is believed to have no
fiscal impact to the department.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the creation of Blair's Law under Section 571.031 will have an unknown impact on SPD,
as the additional number of cases which will require SPD representation is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to a previous version, officials from the Missouri Office of Prosecution Services
(MOPS) assumed the proposal will have no measurable fiscal impact on MOPS. The enactment
of a new crime creates additional responsibilities for county prosecutors and the circuit attorney
which may, in turn, result in additional costs, which are difficult to determine.
In response to similar legislation from 2023 (HCS HB 109), officials from the Kansas City
Police Department assumed the proposal will have no fiscal impact on their organization. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 30 of 48
April 13, 2023
DD:LR:OD
In response to a previous version, officials from the Missouri Department of Conservation, the
Office of the State Courts Administrator, and the St. Joseph Police Department assumed the
proposal will have no fiscal impact on their respective organizations. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note
for this section of the proposal.
§575.205 – Electronic monitoring equipment
DOC states section 575.205 is modified to include failing to charge or otherwise attempting to
disable an electronic monitoring device in the list of actions considered as an offense of
tampering with electronic monitoring equipment and specifies that offense as a class E felony.
Since this is a new offense, the department will use a standard class E felony response. For each
new nonviolent class E felony, the department estimates one person could be sentenced to prison
and two to probation. The average sentence for a nonviolent class E felony offense is 3.4 years,
of which 2.1 years will be served in prison with 1.4 years to first release. The remaining 1.3
years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 2 additional offenders in prison and
7 additional offenders on field supervision by FY 2026.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the expansion of offenses under section 575.205 will have an unknown impact on SPD.
The additional number of cases that would require SPD representation is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
1 2 2 2 2 2 2 2 2 2
P
arole
0 0 1 1 1 1 1 1 1 1
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
1 2 2 2 2 2 2 2 2 2
F
ield Population
2 4 7 7 7 7 7 7 7 7
P
opulation Change
3 6 9 9 9 9 9 9 9 9 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 31 of 48
April 13, 2023
DD:LR:OD
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2023 (HB 86), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization.
In response to similar legislation from 2023 (HB 86), officials from the St. Louis County Police
Department estimated if the department received 100 cases annually, it would require two hours
of booking, two hours of report writing and warrant application, and one hour of warrant
application review for each case. Therefore, at five hours per case, with an average hourly pay
of $46, each case would total $230 (5 x $46). This equates to approximately $23,000 annually.
Oversight notes the estimated cost for the St. Louis County Police Department; however,
Oversight is unable to project a statewide cost for police and sheriff's departments for an
additional crime; therefore, the impact to local governments will be presented as $0 (can be
absorbed) to an Unknown amount.
§§579.021 and 579.022 – Delivery of controlled substance
DOC states Section 579.021 creates a class C felony offense of delivery of a controlled
substance causing serious physical injury, when a person delivers or distributes a controlled
substance under section 579.020 and serious physical injury results from the use of such
controlled substance.
For each new class C felony, the department estimates four people could be sentenced to prison
and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be
on parole. Probation sentences could be 3 years.
The cumulative impact on the department is estimated to be 15 additional offenders in prison and
19 additional offenders on field supervision by FY 2027. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 32 of 48
April 13, 2023
DD:LR:OD
Section 579.022 is created to include penalty provisions for the offense of delivering a controlled
substance causing death.
These actions are considered a class A felony offense; therefore, the intent of the bill is to create
a new class A felony offense.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class A felony have an average sentence length of 17.1
years and serve, on average, 12.3 years in prison prior to first release. The department assumes
one-third of the remaining sentence length could be served in prison as a parole return, and the
rest of the sentence could be served on supervision in the community.
The sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2033 is 10 additional offenders in prison. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 33 of 48
April 13, 2023
DD:LR:OD
Combined Cumulative Estimated Impact for DOC
DOC estimates this proposal could result in an additional 78 offenders in prison and an
additional 135 on field supervision by FY 2033. The combined cumulative impact beyond 2033.
In response to similar legislation from 2023 (HB 1181), Officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no measurable fiscal impact on
MOPS. The enactment of new crimes (579.021.3 and 579.022.3) creates additional
responsibilities for county prosecutors and the circuit attorney which may, in turn, result in
additional costs, which are difficult to determine.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the proposed legislation creates new offenses under section 579.021 and 579.022 which
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
3 3 3 3 3 3 3 3 3 3
A
fter Legislation
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
C
hange (After Legislation - Current Law)
A
dmissions
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
P
robations
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
C
umulative Populations
P
rison
1
9
3
8
5
4
6
5
6
7
7
0
7
4
7
6
7
7
7
8
P
arole
0 0 3 9 2
4
3
5
4
6
4
9
5
4
5
4
P
robation
2
7
5
4
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
I
mpact
P
rison Population
1
9
3
8
5
4
6
5
6
7
7
0
7
4
7
6
7
7
7
8
F
ield Population
2
7
5
4
8
4
9
0
1
05
1
16
1
27
1
30
1
35
1
35
P
opulation Change
4
6
9
2
1
38
1
55
1
72
1
86
2
01
2
06
2
12
2
13 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 34 of 48
April 13, 2023
DD:LR:OD
could result in additional cases eligible for SPD representation. The number of additional cases is
unknown and as a result, the fiscal impact is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
§579.041 – Drug-masking product
In response to similar legislation from 2023 (HB 468), officials from the Office of the State
Courts Administrator
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact to OSCA in this section of the fiscal note.
In response to similar legislation from 2023 (HB 468), officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no measurable fiscal impact on
MOPS. The enactment of a new crime creates additional responsibilities for county prosecutors
and the circuit attorney which may, in turn, result in additional costs, which are difficult to
determine.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated the proposed legislation creates a new offense under Section 579.041 which could result in
additional cases eligible for SPD representation. The fiscal impact is unknown in that the number
of additional cases is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
§§579.065 and 579.068 – Trafficking drugs
DOC states the proposed changes to these sections will make less people who are in possession
of and distributing substances that contain a cocaine base eligible for sentencing as drug
traffickers. Trafficking drugs in the first degree is a class B felony if the substance amount is
eight grams of more, while a substance amount of twenty-four grams or more is considered a
class A felony. Trafficking drugs in the second degree is a class C felony if the substance amount
is eight grams of more, while a substance amount of twenty-four grams or more is a class B L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 35 of 48
April 13, 2023
DD:LR:OD
felony. Thus, as it relates to the removal of substance with cocaine base, the intent of this bill is
the removal of one class C felony, two class B felonies, and one class A felony.
However, the adjustments to the amount of fentanyl for a violation will result in more people in
possession of and distributing fentanyl or carfentanil becoming eligible for sentencing as drug
traffickers.
Regarding section 579.065, in FY 2022, the department totaled 17 new prison admissions and 22
new probation cases for sentences of trafficking drugs in the first degree.
Regarding section 579.068, in FY 2022, the department totaled 89 new prison admissions and 77
new probation cases for sentences of trafficking drugs in the second degree.
When an offender is sentenced to imprisonment, the department receives a sentence and
judgement form that contains information on the conviction(s) and sentence(s). Most sentence
and judgement forms for drug related offenses do not notate the type or amount of the drug
associated with the conviction. Given that the drug associated with the offense, and any amount
associated with the drug, is unknown in the majority of cases, the department is unable to
estimate the number of new admissions related to the possession and or distribution of cocaine.
Therefore, the DOC will assume an unknown impact to this legislation.
Statistics from the Drug Enforcement Administration show there were 196,721 cocaine reports
submitted to NFLIS-Drug in 2019, and 128,267 reports of heroin to NFLIS-Drug. This indicates
cocaine is more predominate of the two. Therefore, the DOC will assume the unknown impact
as a cost savings.
§§589.401 and 589.414 – Sexual offender registry
In response to similar legislation from 2023 (HB 1108), officials from the Missouri Department
of Conservation, the St. Joseph Police DepartmentGordon Parks Elementary assumed
the proposal will have no fiscal impact on their respective organizations. Oversight does not
have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal
note for these sections.
§589.403 – Sexual offender
DOC states Section 589.403 mandates the department to notify the chief law enforcement
official of the county or city not within a county where the offender is registered of the
offender’s release. In addition, when an offender is incarcerated in DOC, it mandates the
department to complete a check to see if the person is currently a Missouri registered sex
offender and notify the chief law enforcement official. This will have an operational impact on
the department, but one that can be absorbed and, therefore, will have no fiscal impact L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 36 of 48
April 13, 2023
DD:LR:OD
§§590.033, 590.040, and 590.080 – Peace officer standards
In response to a previous version (SB 38), officials from the Missouri Department of
Conservation, the Kansas City Police Department, and the St. Joseph Police Department
each assumed the proposal will have no fiscal impact on their respective organizations.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these sections of the proposal.
In response to similar legislation from 2023 (SCS SB 38), officials from the Oronogo Police
Department indicated this proposal would have a fiscal impact on their organization. However,
Oversight notes they provided no information explaining the potential fiscal impact this
proposal would have on their organization. Therefore, for fiscal note purposes, Oversight
assumes any fiscal impact incurred by this police department would be absorbable within current
funding levels.
§595.045 – Crime Victims’ Compensation Fund
Officials from the Department of Public Safety - Office of the Director (DPS) state in CY
2022, there were 10,822 class E felony convictions. This data was pulled using charge level
felony E with a charge disposition of Guilty Plea, Guilty Plea Written, Tried by Court- Guilty,
Jury Verdict - Guilty, and Alford Plea. It does not include juvenile cases.
DPS assumes this will bring in an estimated $500,000 ($46 x 10,822 = $497,812) into the Crime
Victims’ Compensation Fund.
Oversight notes the provisions of this section state the court shall enter a judgment payable to
the Crime Victims’ Compensation Fund of $46 for a class E felony. Oversight also notes, from
information provided by the Office of the State Courts Administrator, the following number of E
felony convictions from FY 2019 through FY 2022:
FY 2019 FY 2020 FY 2021 FY 2022
8,677 7,545 8,407 10,575
The average number of E felonies over this four-year period is 8,801 (8,677 + 7,545 + 8,407 +
10,575). However, as the exact number of E felony convictions could vary widely from year to
year, Oversight will reflect an Unknown, greater than $250,000 to the Crime Victims’
Compensation Fund. Oversight notes the ending balance in the Crime Victims’ Compensation
Fund as of February 28, 2023, is $2,097,307. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
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§610.021 – Closure of certain public safety records
In response to similar legislation from 2023 (SB 630), officials from the Office of the
Lieutenant Governor
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact on the fiscal note for this section.
Section 1 – Services for exonerees
DOC states Section 1 mandates the department develop procedures to assist exonerees in
obtaining a birth certificate, Social Security card, and state identification prior to release from a
correctional center. This involves a small population, and specialized circumstances. Therefore
it is expected to have no significant impact on the DOC.
Bill as a Whole
In response to a previous version, officials from the Office of Administration - Budget and
Planning, the Department of Public Safety – Capitol PoliceMissouri Ethics
Commission, the Office of the Governor, the University of Missouri, the Kansas City Police
Department, the Cole Camp Ambulance District, and the Kansas City Health Department
assumed the proposal will have no fiscal impact on their respective organizations. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for the abovementioned agencies.
DOC notes the cumulative impact on DOC for all sections of the proposal.
# to
prison
Cost per
year
Total Costs for
prison
Change
in
probation
& parole
officers
Total
savings or
cost for
probation
and parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 127($9,499)($213,728)0$040($213,728)Year 254($9,499)($523,205)1($95,976)80($619,180)Year 376($9,499)($751,090)2($185,877)125($936,967)Year 490($9,499)($907,237)2($179,336)135($1,086,573)Year 592($9,499)($945,946)3($280,800)157($1,226,746)Year 695($9,499)($996,328)3($274,753)172($1,271,081)Year 799($9,499)($1,059,044)3($277,674)187($1,336,719)Year 8101($9,499)($1,102,048)3($280,632)190($1,382,680)Year 9102($9,499)($1,135,218)3($283,623)195($1,418,842)Year 10103($9,499)($1,169,275)3($286,653)195($1,455,928) L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
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If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries.
If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $26.024 per day or an annual cost of $9,499 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $87.46 per day or an
annual cost of $31,921 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated impact for fiscal note purposes.
Responses regarding the proposed legislation as a whole
In response to a previous version, officials from the Office of Administration - Administrative
Hearing Commission, the Department of Economic Development, the Department of
Higher Education and Workforce Development, the Department of Mental Health, the
Department of Labor and Industrial Relations, the Department of Public Safety – Missouri
Gaming Commission, Legislative Research, the Missouri Department of Agriculture the
Missouri National Guard, the Office of Administration, and the Office of the State Auditor
assumed the proposal will have no fiscal impact on their respective organizations.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for these agencies.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, circuit clerks, police and sheriff’s departments, fire protection
districts, ambulance and EMS, schools, and local public health agencies were requested to L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 39 of 48
April 13, 2023
DD:LR:OD
respond to this proposed legislation but did not. A general listing of political subdivisions
included in the MOLIS database is available upon request.
House Amendment (HA 1), AA
§494.430 – Jury duty
In response to similar legislation from 2023 (HB 104), officials from the Office of the State
Courts Administrator
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note.
Additionally, HA 1 removes section 570.212 and moves the offense of mail theft, an E felony
under statute 570.030.
Bill as a Whole, as amended
Officials from the Branson Police Department
impact on their organization. However, Oversight notes they provided no information
explaining the potential fiscal impact this proposal would have on their organization. Therefore,
for fiscal note purposes, Oversight assumes any fiscal impact incurred by this police department
would be absorbable within current funding levels.
Officials from the Attorney General’s Office, the Department of Commerce and Insurance,
the Department of Natural Resources, the Department of Public Safety – (Division of
Alcohol and Tobacco Control, Missouri Veterans Commission, and State Emergency
Management Agency ), the Missouri Department of Transportation, the MoDOT and
Patrol Employees’ Retirement System, the Missouri House of Representatives, the Joint
Committee on Administrative Rules, the Joint Committee on EducationJoint
Committee on Public Employee Retirement, Missouri Lottery Commission, the Missouri
Consolidated Health Care Plan, the Missouri Senate, the Missouri State Employees
Retirement System, the Oversight Division, the State Tax Commission, the City of
Springfield, the Newton County Health Department, the St. Louis County Health
Department, and the Phelps County Sheriff’s Department assume the proposal will have no
fiscal impact on their respective organizations. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies. L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
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FISCAL IMPACT – State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
GENERAL REVENUEIncome – (§547.500) p.15-16
Application fees for review of a
claim of actual innocence pUnknownUnknownUnknownUnknown
Savings – MOPS (§193.265)
Vital records requests p. 8-9 UnknownUnknownUnknownUnknown
Savings – DOC (§558.031) Jail-
time credit p. 22
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
Savings – DOC (§§579.065 and
579.068) Trafficking drugs
p. 35-36UnknownUnknownUnknownUnknown
Cost – MHP (§43.401) p. 4Could
exceed…
Personal service($43,760)($53,562)($54,633)($54,633) Fringe benefits($38,968)($47,697)($48,651)($48,651) Equipment and expense($8,500)$0$0$0Total cost – MHP($91,228)($101,259)($103,284)($103,284) FTE Change - MHP1 FTE1 FTE1 FTE1 FTECost – DSS/CD (§210.305)
p. 10-11
Could
exceed…
Personal service($649,587)($787,299)($795,172)($795,172) Fringe benefits($474,266)($571,963)($574,835)($574,835) Equipment and expense($316,973)($204,533)($209,647)($209,647)Total cost - DSS/CD($1,440,826)($1,563,796)($1,579,654)($1,579,654) FTE Change – DSS/CD18.3 FTE18.3 FTE18.3 FTE18.3 FTE L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
DD:LR:OD
FISCAL IMPACT – State
Government (continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
Cost – DSS/DLS (§210.305)
p. 10-11
Could
exceed…
Personal service($60,820)($73,714)($74,451)($74,451) Fringe benefits($35,176)($42,477)($42,746)($42,746) Equipment and expense($14,941)($11,195)($11,475)($11,475)Total cost - DSS/DLS($110,937)($127,386)($128,672)($128,672) FTE Change – DSS/DLS1 FTE1 FTE1 FTE1 FTECost – DSS/CD (§210.795)
p. 4-5
Could
exceed…
Personal service($381,301)($462,137)($466,759)($466,759) Fringe benefits($278,204)($335,513)($337,199)($337,199) Equipment and expense($184,960)($119,898)($122,896)($122,896)Total cost - DSS/CD($844,465)($917,548)($926,854)($926,854) FTE Change – DSS/CD10.7 FTE10.7 FTE10.7 FTE10.7 FTECost – DOC (§211.071)
Potential increase in
incarceration costs p. 11 (Unknown)(Unknown)(Unknown)(Unknown)
Cost – MOPS (§307.018) Delay
in fine collection p. 13
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Cost – DOR (§§307.018 and
556.021) OA-ITSD services
p. 12-13 ($33,653)$0$0$0
Cost – MOPS (§547.500) New
Conviction Review Unit
p. 15-16$0 or….$0 or…$0 or….
$0 or could
exceed…
Personal Service (3 FTE)($183,333)($222,200)($224,422)($224,422) Fringe Benefits($107,554)($129,887)($130,719)($130,719) Expense & Equipment($30,000)($36,900)($37,823)($37,823)Total cost – MOPS($320,887)($388,897)($392,964)($392,964) FTE Change – MOPS3 FTE3 FTE3 FTE3 FTE L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
DD:LR:OD
FISCAL IMPACT – State
Government (continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
Cost – DOR (§557.520) p. 17-19
Could
exceed…
Personal Service($78,000)($95,472)($97,381)($97,381) Fringe Benefits($68,145)($82,474)($83,188)($83,188) One-time Equipment Costs($29,685)$0$0$0 Administrative Costs($90,400)$0$0$0 ITSD Costs($269,222)$0$0$0Total cost – DOR($535,452)($177,946)($180,569)($180,569) FTE Change – DOR3 FTE3 FTE3 FTE3 FTECost – OSCA (§557.520) p. 20
Potential increase in additional
case work from this program
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Cost – DOC (§§566.151,
567.030, 569.100, 569.170,
569.175, 570.030, 575.205,
579.021) p. 22-34 and 37-38
Could
exceed…
Could
exceed…
Could
exceed…
Could
exceed…
Personal service$0($49,847)($100,690)($161,931) Fringe benefits$0($34,391)($69,469)($111,720) Equipment and expense$0($11,738)($15,718)($13,002)Increased incarceration costs($213,728)($523,205)($751,090)($1,169,275)Total cost – DOC($213,728)($619,181)($936,967)($1,455,928) FTE Change – DOC0 FTE1 FTE2 FTE3 FTETransfer Out – (§550.125)
Appropriated funds to the
Change of Venue for Capital
Cases Fund p. 16-17
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT
ON THE GENERAL
REVENUE FUND
More or
less than
($3,591,176)
More or
less than
($3,950,013)
More or
less than
($4,248,964)
More or
less than
($4,767,925)
Estimated Net FTE Change on
the General Revenue Fund37 FTE38 FTE39 FTE40 FTE L.R. No. 2147H.07P
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April 13, 2023
DD:LR:OD
FISCAL IMPACT – State
Government (continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
CRIMINAL RECORD
SYSTEM FUND (0671)
Income – MHP (§195.817)
Increase in background checks
p. 10
Up to
$165,000
Up to
$198,000
Up to
$198,000
Up to
$198,000
Loss – (§43.539) From foregone
fees for criminal reviews p. 4
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT
ON THE CRIMINAL
RECORD SYSTEM FUND
Less than
$165,000
Less than
$198,000
Less than
$198,000
Less than
$198,000
STATE HIGHWAYS AND
TRANSPORTATION
DEPARTMENT FUND (0644)
Loss – DOR (§§307.018 and
556.021) Loss of reinstatement
fees p. 12-13($350,250)($420,300)($420,300)($420,300)
ESTIMATED NET EFFECT
ON THE STATE
HIGHWAYS AND
TRANSPORTATION FUND($350,250)($420,300)($420,300)($420,300) L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
DD:LR:OD
FISCAL IMPACT – State
Government (continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
CHANGE OF VENUE FOR
CAPITAL CASES FUND
Transfer In – (§550.125)
Appropriated funds from
General Revenue p. 16-17
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Costs – OSCA (§550.125)
Reimbursement to counties that
have a change of venue on a
capital case from another county
that sequestered jurors p. 16-17
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT
ON THE CHANGE OF
VENUE FOR CAPITAL
CASES FUND
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
CRIME VICTIMS’
COMPENSATION FUND
(0681)
Revenue – DPS (§595.045)
Class E felony fee p. 37
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
ESTIMATED NET EFFECT
ON THE CRIME VICTIMS’
COMPENSATION FUND
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000 L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 45 of 48
April 13, 2023
DD:LR:OD
FISCAL IMPACT – State
Government (continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
FEDERAL FUNDSCould
exceed…
Income – DSS/CD (§210.305)
Program reimbursements for
ICPC packet compilation
p. 10-11$846,198$918,420$927,734$927,734
Income – DSS/CD (§210.795)
Program reimbursement for
tracking/reporting run
occurrences p. 4-5$495,955$538,878$544,343$544,343
Costs – DSS/CD (§210.305)
p. 10-11
Personal service($381,503)($462,382)($467,006)($467,006) Fringe benefits($278,537)($335,915)($337,602)($337,602) Equipment and expense($186,158)($120,123)($123,126)($123,126)Total Costs - DSS/CD($846,198)($918,420)($927,734)($927,734) FTE Change – DSS/CD10.7 FTE10.7 FTE10.7 FTE10.7 FTECosts – DSS/CD (§210.795)
p. 4-5
Personal service($223,939)($271,414)($274,128)($274,128) Fringe benefits($163,389)($197,047)($198,038)($198,038) Equipment and expense($108,627)($70,417)($72,177)($72,177)Total costs - DSS/CD($495,955)($538,878)($544,343)($544,343) FTE Change – DSS/CD6.3 FTE6.3 FTE6.3 FTE6.3 FTEESTIMATED NET EFFECT
ON FEDERAL FUNDS$0$0$0$0
Estimated Net FTE Change on
the Federal Funds17 FTE17 FTE17 FTE17 FTE L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
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April 13, 2023
DD:LR:OD
FISCAL IMPACT – Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
LOCAL POLITICAL
SUBDIVISIONS
Reimbursement of Costs –
Counties (§550.125) State
payments for a change of venue
for a capital case held in counties
p. 16-17
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost – Schools (§160.660)
School safety renovations p. 7-8
(Unknown,
could exceed
$5,500,000)$0$0$0
Cost – Police and Sheriff’s
Departments (§575.205)
Increased labor hours to process
cases p.
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Loss – (Cities 15%) (§§307.018
and 556.021) Loss of
reinstatement fees p. 12-13($70,050)($84,060)($84,060)($84,060)
Loss – (Counties 10%)
(§§307.018 and 556.021) Loss of
reinstatement fees p. 12-13($46,700)($56,040)($56,040)($56,040)
ESTIMATED NET EFFECT
ON LOCAL POLITICAL
SUBDIVISIONS
(Unknown,
could
exceed
$5,500,000)
More or
less than
($140,100)
More or
less than
($140,100)
More or
less than
($140,100)
FISCAL IMPACT – Small Business
Small businesses may be impacted by this proposal if they pay the background check fees of
employees. (§195.817)
Small businesses who install a certified ignition interlock system could be impacted from this
proposal. (§557.520) L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 47 of 48
April 13, 2023
DD:LR:OD
FISCAL DESCRIPTION
This proposal modifies provisions relating to public safety.
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
Attorney General’s Office
Department of Commerce and Insurance
Department of Corrections
Department of Economic Development
Department of Elementary and Secondary Education
Department of Health and Senior Services
Department of Higher Education and Workforce Development
Department of Labor and Industrial Relations
Department of Mental Health
Department of Natural Resources
Department of Revenue
Department of Public Safety
Department of Social Services
Joint Committee on Administrative Rules
Legislative Research
Local Government Employees Retirement System
Missouri House of Representatives
Missouri Lottery Commission
Missouri Department of Agriculture
Missouri Department of Conservation
Missouri Department of Transportation
Missouri National Guard
Missouri Senate
MoDOT & Patrol Employees’ Retirement System
Missouri State Employees Retirement System
Missouri Office of Prosecution Services
Office of Administration
Office of Administration –
Administrative Hearing Commission
Budget and Planning
Office of the Governor
Office of the Lieutenant Governor
Office of the Secretary of State
Office of the State Auditor
Office of the State Courts Administrator L.R. No. 2147H.07P
Bill No. Perfected HS for HCS for HB Nos. 1108 & 1181
Page 48 of 48
April 13, 2023
DD:LR:OD
Office of the State Public Defender
Office of the State Treasurer
Oversight Division
State Tax Commission
City of Jefferson City
City of Kansas City
City of O’Fallon
City of Springfield
Branson Police Department
Kansas City Police Department
Oronogo Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
LAGERS
Gordon Parks Elementary
Cole County
Jackson County
Cole Camp Ambulance District
Kansas City Health Department
Newton County Health Department
St. Louis County Health Department
Julie MorffRoss StropeDirectorAssistant DirectorApril 13, 2023April 13, 2023