COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1244H.01I Bill No.:HB 725 Subject:Criminal Procedure; Banks and Financial Institutions; Crimes and Punishment Type:Original Date:February 14, 2023Bill Summary:This proposal modifies and establishes offenses involving teller machines.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General
Revenue*($150,401)($453,603)($621,620)($847,049)
Total Estimated
Net Effect on
General
Revenue($150,401)($453,603)($621,620)($847,049)
*The fiscal impact stems from an estimated additional 19 persons (FY ’24), 38 persons (FY ’25),
65 persons (FY ’26), and 66 persons (FY ’28) in custody of the Missouri Department of
Corrections.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1244H.01I
Bill No. HB 725
Page 2 of
February 14, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2028)
General Revenue
0 FTE1 FTE1 FTE2 FTE
Total Estimated
Net Effect on
FTE 0 FTE1 FTE1 FTE2 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 2028)
Local
Government$0$0$0$0 L.R. No. 1244H.01I
Bill No. HB 725
Page 3 of
February 14, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§569.100, 569.190, and 570.030 – Teller machines
Officials from the Department of Corrections (DOC) state section 569.100 establishes the
offense of property damage in the first degree as 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 a second and subsequent violation, is a class B felony. Section
569.190 establishes the offense of tampering with a teller machine as a class D felony; unless the
purpose is to defraud or obtain property of $1,000 or more, or to obtain the personal financial
credentials of another person, or damage to the teller machine of $1,000 or more, in which case
is a class C felony. Section 570.030 establishes the offense of stealing a teller machine (or the
contents of including cash, regardless of the amount) as a class C felony.
The intent of the bill is to create one class B felony, three class C felonies and two class D
felonies.
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. L.R. No. 1244H.01I
Bill No. HB 725
Page 4 of
February 14, 2023
DD:LR:OD
For two new nonviolent class D felonies, the department estimates six people will be sentenced
to prison and ten 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 16 additional offenders in prison and
32 additional offenders on field supervision by FY 2026.
For three new class C felonies, the department estimates 12 people will be sentenced to prison
and 18 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.
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
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
6 6 6 6 6 6 6 6 6 6
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
1
0
C
umulative Populations
P
rison
6 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
P
arole
0 0 2 8 1
4
1
4
1
4
1
4
1
4
1
4
P
robation
1
0
2
0
3
0
3
0
3
0
3
0
3
0
3
0
3
0
3
0
I
mpact
P
rison Population
6 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
1
6
F
ield Population
1
0
2
0
3
2
3
8
4
4
4
4
4
4
4
4
4
4
4
4
P
opulation Change
1
6
3
2
4
8
5
4
6
0
6
0
6
0
6
0
6
0
6
0 L.R. No. 1244H.01I
Bill No. HB 725
Page 5 of
February 14, 2023
DD:LR:OD
The cumulative impact on the department is estimated to be 45 additional offenders in prison and
57 additional offenders on field supervision by FY 2027.
Combined Cumulative Impact
The combined cumulative impact of one new class B felony, three new class C felonies, and two
new class D felonies on the department is estimated to be 66 additional offenders in prison and
113 additional offenders on field supervision by FY2028.
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
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
C
hange (After Legislation - Current Law)
A
dmissions
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
P
robations
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
C
umulative Populations
P
rison
1
2
2
4
3
6
4
5
4
5
4
5
4
5
4
5
4
5
4
5
P
arole
0 0 0 3 1
5
2
7
3
9
3
9
3
9
3
9
P
robation
1
8
3
6
5
4
5
4
5
4
5
4
5
4
5
4
5
4
5
4
I
mpact
P
rison Population
1
2
2
4
3
6
4
5
4
5
4
5
4
5
4
5
4
5
4
5
F
ield Population
1
8
3
6
5
4
5
7
6
9
8
1
9
3
9
3
9
3
9
3
P
opulation Change
3
0
6
0
9
0
1
02
1
14
1
26
1
38
1
38
1
38
1
38
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
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
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
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
2
8
C
umulative Populations
P
rison
1
9
3
8
5
5
6
5
6
6
6
6
6
6
6
6
6
6
6
6
P
arole
0 0 2 1
1
2
9
4
2
5
5
5
6
5
7
5
7
P
robation
2
8
5
6
8
4
8
4
8
4
8
4
8
4
8
4
8
4
8
4
I
mpact
P
rison Population
1
9
3
8
5
5
6
5
6
6
6
6
6
6
6
6
6
6
6
6
F
ield Population
2
8
5
6
8
6
9
5
1
13
1
26
1
39
1
40
1
41
1
41
P
opulation Change
4
7
9
4
1
41
1
60
1
79
1
92
2
05
2
06
2
07
2
07 L.R. No. 1244H.01I
Bill No. HB 725
Page 6 of
February 14, 2023
DD:LR:OD
# 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 119($9,499)($150,401)0$028($150,401)Year 238($9,499)($368,181)1($85,422)56($453,603)Year 365($9,499)($543,552)1($78,068)86($621,620)Year 466($9,499)($655,227)1($78,903)95($734,130)Year 566($9,499)($678,614)2($168,435)113($847,049)Year 666($9,499)($692,186)2($161,208)126($853,394)Year 766($9,499)($706,030)2($162,935)139($868,965)Year 866($9,499)($720,150)2($164,687)140($884,837)Year 966($9,499)($734,553)2($166,456)141($901,009)Year 1066($9,499)($749,244)2($168,248)141($917,492)
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. L.R. No. 1244H.01I
Bill No. HB 725
Page 7 of
February 14, 2023
DD:LR:OD
Officials from the Office of the State Public Defender (SPD) state the proposed legislation
creates new offenses under sections 569.100, 569.190, 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.
Officials from the Attorney General’s Office, the Department of Commerce and Insurance,
the Department of Public Safety - Missouri Highway Patrol, the Missouri Office of
Prosecution Services, and the Office of the State Courts Administrator assume 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.
FISCAL IMPACT
– State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL
REVENUE
Cost – DOC
(§§569.100,
569.190 and
570.030)
Personal service$0($42,167)($42,589)($86,890) Fringe benefits$0($31,517)($31,833)($64,945) Equipment and
expense $0($11,738)($3,646)($16,600)
Increased
incarceration costs($150,401)($368,181)($543,552)($678,614)
Total cost - DOC($150,401)($453,603)($621,620)($847,049) FTE Change -
DOC 0 FTE1 FTE1 FTE2 FTE L.R. No. 1244H.01I
Bill No. HB 725
Page 8 of
February 14, 2023
DD:LR:OD
ESTIMATED
NET EFFECT
ON THE
GENERAL
REVENUE
FUND($150,401)($453,603)($621,620)($847,049)
Estimated Net
FTE Change for
the General
Revenue Fund0 FTE1 FTE1 FTE2 FTE
FISCAL IMPACT
– Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
$0$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
This bill adds damaging, destroying, or making inoperable, a "teller machine", as defined in the
bill, to the offense of property damage in the first degree. This offense is a class D felony; a class
C felony if committed for the purpose of executing any scheme or artifice to defraud or obtain
any property that exceeds $750 or the damage to the teller machine exceeds $750; and a class B
felony if the damage committed was to obtain the personal financial credentials of another
person or is committed as a second violation.
This bill creates the offense of tampering with a teller machine and makes it a class D felony,
unless the offense is for the purpose of executing any scheme to defraud or obtain any property
valued at $1000 or more or damage to the teller machine of $1000 or more, in which case it is a
class C felony.
The bill also provides that the offense of stealing is a Class C felony if the property is a teller
machine or the contents of a teller machine regardless of the value or amount of cash.
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. 1244H.01I
Bill No. HB 725
Page 9 of
February 14, 2023
DD:LR:OD
SOURCES OF INFORMATION
Attorney General’s Office
Department of Commerce and Insurance
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 DirectorFebruary 14, 2023February 14, 2023