COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1081H.01I Bill No.:HB 250 Subject:Crimes and Punishment; Criminal Procedure; Drugs and Controlled Substances Type:Original Date:March 7, 2023Bill Summary:This proposal modifies the offenses of trafficking of drugs in the first and
second degree.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026General Revenue*(Unknown)(Unknown)(Unknown)Total Estimated Net
Effect on General
Revenue(Unknown)(Unknown)(Unknown)
*Oversight assumes the fiscal impact could exceed $250,000. Oversight notes there were 105
new prison admissions for 1
st
and 2
nd
degree drug trafficking in FY 2022. To reach the $250,000
threshold, an additional 27 prisoners would be required to be imprisoned or remain in prison (if a
more severe charge) at the estimated incarceration rate of $9,499 cost per year per prisoner.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1081H.01I
Bill No. HB 250
Page 2 of
March 7, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net
Effect on FTE 000
☒ 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 AFFECTEDFY 2024FY 2025FY 2026Local Government$0$0$0 L.R. No. 1081H.01I
Bill No. HB 250
Page 3 of
March 7, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§579.065 and 579.068 – Trafficking drugs
Officials from the Department of Corrections (DOC) state this bill intends to modify sections
579.065 and 579.068 to make more people in possession of and distributing fentanyl or
carfentanil eligible for sentencing as drug traffickers.
Section 579.065 - In FY 2022, there were 17 new prison admissions for 1
st
degree drug
trafficking.
Section 579.068 - In FY 2022, there were 88 new prison admissions for 2
nd
degree drug
trafficking.
When an offender is sentenced to imprisonment, the department receives a sentence and
judgement form which contains information on the conviction(s) of 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 fentanyl.
Therefore, the DOC will assume an unknown impact to this legislation.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated (unknown) impact for fiscal note purposes.
Officials from the Attorney General’s Office, the Department of Public Safety - Missouri
Highway PatrolMissouri Office of Prosecution Services, the Office of the State Courts
Administrator, and the Office of the State Public Defender
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 organizations.
FISCAL IMPACT – State GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026GENERAL REVENUECost – DOC (§§579.065 and 579.068)
Trafficking drugs(Unknown)(Unknown)(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND(Unknown)(Unknown)(Unknown) L.R. No. 1081H.01I
Bill No. HB 250
Page 4 of
March 7, 2023
DD:LR:OD
FISCAL IMPACT – Local GovernmentFY 2024
(10 Mo.)
FY 2025FY 2026$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
Under current law, trafficking drugs in the first degree is a class B felony if the person
knowingly distributes, delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more 10 milligrams of fentanyl. It is a class A felony if the amount is 20
milligrams or more.
Trafficking drugs in the second degree is a class C felony if the person knowingly possesses or
has under his or her control, purchases or attempts to purchase, or brings into this state more than
10 milligrams of fentanyl, and a class B felony if the amount is 20 milligrams or more.
This bill amends the quantities of fentanyl for the offense of trafficking of drugs, in the first and
second degree, as follows:
(1) Drug trafficking in the first degree is a Class B felony for more than three but less than 14
milligrams of fentanyl;
(2) Drug trafficking in the first degree is a Class A felony for more than 14 milligrams of
fentanyl;
(3) Drug trafficking in the second degree is a Class C felony for more than three but less than 14
milligrams of fentanyl;
(4) Drug trafficking in the second degree is a Class B felony for more than 14 milligrams of
fentanyl.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 1081H.01I
Bill No. HB 250
Page 5 of
March 7, 2023
DD:LR:OD
SOURCES OF INFORMATION
Attorney General’s Office
Department of Corrections
Department of Public Safety – Missouri Highway Patrol
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorMarch 7, 2023March 7, 2023