COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0683H.01I Bill No.:HB 302 Subject:Criminal Procedure Type:Original Date:January 23, 2023Bill Summary:This proposal modifies the offense of making a false report.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General
Revenue*
Could exceed
($15,832)
Could exceed
($38,756)
Could exceed
($49,414)
Could exceed
($71,974)
Total Estimated
Net Effect on
General
Revenue
Could exceed
($15,832)
Could exceed
($38,756)
Could exceed
($49,414)
Could exceed
($71,974)
*The bill could create claims and damages that could potentially be asserted against the state or
other entities (if their employees made false reports). If such claims were successfully pursued,
they could result in additional costs to the state or local political subdivisions. Oversight assumes
the number of claims would be minimal and would not reach the $250,000 threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Other State
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Legal Expense
Fund (0692)*$0$0$0$0
Colleges and
Universities$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Total Estimated
Net Effect on
Other State
Funds
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
*Indicates numbers that net to zero. Numbers within parentheses: () indicate costs or losses. L.R. No. 0683H.01I
Bill No. HB 302
Page 2 of
January 23, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Federal Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated
Net Effect on
All Federal
Funds
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
FTE 000$0
☐ 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 2028)
Local
Government
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown) L.R. No. 0683H.01I
Bill No. HB 302
Page 3 of
January 23, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§575.080 – Offense of making a false report
Officials from the Department of Corrections (DOC) state this proposal modifies the offense
of making a false report. The changes have been summarized in the following table:
Previous ChargeAgeTypeNew ChargeReport of misdemeanorClass B misdemeanorReport of felonyClass E felony
>=18
Report results in death or
serious physical injuryClass B felony
First offenseStatus Offense
Class B
misdemeanor
<18
Second or subsequent violationClass C misdemeanor
The bill creates a new class E felony and class B felony offense. 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.
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. 0683H.01I
Bill No. HB 302
Page 4 of
January 23, 2023
DD:LR:OD
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 who were
first released sometime during fiscal years 2019, 2020 and 2021, 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.
Thus, the combined cumulative impact is estimated to be 7 additional offenders in prison and 7
additional offenders on field supervision by FY 2028, with a net population change of 14 new
offenders.
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 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. 0683H.01I
Bill No. HB 302
Page 5 of
January 23, 2023
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# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 12($9,499)($15,832)0$02($15,832)Year 24($9,499)($38,756)0$04($38,756)Year 35($9,499)($49,414)0$07($49,414)Year 46($9,499)($60,482)0$07($60,482)Year 57($9,499)($71,974)0$07($71,974)Year 67($9,499)($73,414)0$08($73,414)Year 77($9,499)($74,882)0$09($74,882)Year 87($9,499)($76,380)0$010($76,380)Year 97($9,499)($77,907)0$011($77,907)Year 107($9,499)($79,465)0$011($79,465)
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
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
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 2 2 2 2 2 2 2 2 2
C
hange (After Legislation - Current Law)
A
dmissions
2 2 2 2 2 2 2 2 2 2
P
robations
2 2 2 2 2 2 2 2 2 2
C
umulative Populations
P
rison
2 4 5 6 7 7 7 7 7 7
P
arole
0 0 1 1 1 2 3 4 5 5
P
robation
2 4 6 6 6 6 6 6 6 6
I
mpact
P
rison Population
2 4 5 6 7 7 7 7 7 7
F
ield Population
2 4 7 7 7 8 9 1
0
1
1
1
1
P
opulation Change
4 8 1
2
1
3
1
4
1
5
1
6
1
7
1
8
1
8 L.R. No. 0683H.01I
Bill No. HB 302
Page 6 of
January 23, 2023
DD:LR:OD
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.
Officials from the Office of Administration (OA) state this bill creates a civil action against a
person who commits the offense of making a false report. A plaintiff bringing such a claim may
recover damages, equitable relief, attorney's fees, and punitive damages in some instances. If
such a claim were successfully brought against a state employee for actions arising out of and
performed in connection with his or her official duties, any award would be paid out of the state
Legal Expense Fund pursuant to section 105.711.2(2), RSMo. As this creates a new cause of
action, this has the potential to increase claims against the Legal Expense Fund. The amount of
the potential costs resulting from this proposal cannot be reasonably estimated as this language
creates new legal standards, subject to judicial interpretation, and there is no readily available
information that could assist in forming a rational basis for estimating costs. In addition, the
number of potential claims, the severity of those claims, and the ultimate costs associated with
any settlement or judgment resulting from those claims cannot be forecasted with any degree of
assurance to their accuracy.
The state self-assumes its own liability under the state Legal Expense Fund, Section 105.711
RSMo. It is a self-funding mechanism whereby funds are made available for the payment of any
claim or judgment rendered against the state in regard to the waivers of sovereign immunity or
against employees and specified individuals. Investigation, defense, negotiation or settlement of
such claims is provided by the Office of the Attorney General. Payment is made by the
Commissioner of Administration with the approval of the Attorney General.
Because this bill creates a possible new cause of action, Oversight will show a net $0 direct
fiscal impact for the LEF, and a possible $0 to (unknown) fiscal impact to General Revenue and
other state funds. Oversight notes this possible litigation exposure as described by OA could also
apply to colleges and universities, federal funds, as well as local political subdivisions. L.R. No. 0683H.01I
Bill No. HB 302
Page 7 of
January 23, 2023
DD:LR:OD
Officials from the Department of Public Safety – (Fire Safety and Missouri Highway Patrol),
the Department of Social Services, the Missouri Office of Prosecution Services, the Office of
the State Courts Administrator the Office of the State Public Defender, the Kansas City
Police Department, the St. Joseph Police DepartmentSt. Louis County Police
Department, and the Phelps County Sheriff’s Department assume the proposal will have no
fiscal impact on their respective organizations.
In response to similar legislation from 2022 (Perfected HCS HB 1704), officials from the
Attorney General’s Office 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.
Oversight notes that violations of section §575.080 could result in fines or penalties. Oversight
also notes per Article IX Section 7 of the Missouri Constitution fines and penalties collected by
counties are distributed to school districts. Fine varies widely from year to year and are
distributed to the school district where the violation occurred. Oversight will reflect a positive
fiscal impact of $0 to Unknown to local school districts. For simplicity, Oversight will not reflect
the possibility that fine revenue paid to school districts may act as a subtraction in the foundation
formula.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local law enforcement, fire protection districts, and ambulance/EMS 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. 0683H.01I
Bill No. HB 302
Page 8 of
January 23, 2023
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL
REVENUE
Cost – DOC
p. 3-6 (§575.080)
Increased
incarceration costs($15,832)($38,756)($49,414)($71,974)
Cost Increase –
OA (§575.080)
Potential increase
in transfer to LEF
p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON THE
GENERAL
REVENUE
FUND
Could exceed
($15,832)
Could exceed
($38,756)
Could exceed
($49,414)
Could exceed
($71,974)
OTHER STATE
FUNDS
Cost Increase –
(§575.080)
Potential increase
in transfer to LEF
p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON OTHER
STATE FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0683H.01I
Bill No. HB 302
Page 9 of
January 23, 2023
DD:LR:OD
FISCAL IMPACT
– State
Government
(continued)
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
LEGAL
EXPENSE FUND
(0692)
Transfer In – p. 6
(§575.080) From
General Revenue $0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown
Cost increase –
(§575.080)
Increase in LEF
payouts p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON THE LEGAL
EXPENSE FUND$0$0$0$0
COLLEGES
AND
UNIVERSITIES
Cost increase –
(§575.080)
Increase in LEF
payouts p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON COLLEGES
AND
UNIVERSITIES
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0683H.01I
Bill No. HB 302
Page 10 of 11
January 23, 2023
DD:LR:OD
FEDERAL
FUNDS
Cost increase –
(§575.080)
Increase in LEF
payouts p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
TO FEDERAL
FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT
– Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
LOCAL
GOVERNMENT
Revenue – School
districts (§575.080)
Fines from
violations p. 7$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown
Cost - (§575.080)
Increase in staff
and legal costs p. 6
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON LOCAL
GOVERNMENT
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill specifies that a person commits the offense of making a false report if he or she
knowingly makes a false report or causes a false report to be made to a law enforcement officer,
security officer, fire department or other organization, official, or volunteer with reckless
disregard of causing bodily harm to any person as a direct result of an emergency response. L.R. No. 0683H.01I
Bill No. HB 302
Page 11 of 11
January 23, 2023
DD:LR:OD
The offense of making a false report is a class B misdemeanor, but it is a class E felony if the
report is a false report of a felony offense. The offense is a class B felony if the report results in
death or serious physical injury as a proximate result of lawful conduct arising out of the
response. A child who violates this section is guilty of a status offense for the first offense and a
class C misdemeanor for a second or subsequent violation. The child must appear before a
juvenile court or, in lieu, complete 30 hours of community service or pay a fine not to exceed
$250.
A person who is a victim of the offense may bring a civil action against the person who made the
false report and may recover damages or other equitable relief, as well as reasonable attorneys'
fees. A person who makes a false report under this bill for the purpose of infringing on another
person's rights, unlawfully discriminating against another person, causing another person to be
expelled from a place the person is lawfully located, or damaging another person's reputation or
financial, economic, consumer, or business prospects or interests may be required to pay punitive
damages in addition to any other damages allowed.
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 Corrections
Department of Public Safety
Department of Social Services
Missouri Office of Prosecution Services
Office of Administration
Office of the State Courts Administrator
Office of the State Public Defender
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 23, 2023January 23, 2023