COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1244H.02P Bill No.:Perfected HCS for HB 725 Subject:Criminal Procedure; Banks and Financial Institutions; Crimes and Punishment Type:Original Date:March 23, 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*
Less than
($94,990)
Less than
($232,536)
Less than
($443,048)
Less than
($532,747)
Total Estimated
Net Effect on
General
Revenue
Less than
($94,990)
Less than
($232,536)
Less than
($443,048)
Less than
($532,747)
*The fiscal impact stems from an estimated additional 12 persons (FY ’24), 24 persons (FY ’25),
35 persons (FY ’26), and 43 persons (FY ’28) in custody of the Missouri Department of
Corrections.
Department of Corrections; however, we don’t have a good basis to make an estimate. Therefore,
Oversight will assume “less than” DOC’s estimated cost.
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.02P
Bill No. Perfected HCS for HB 725
Page 2 of
March 23, 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 Revenue0 FTE0 FTE1 FTE1 FTETotal Estimated
Net Effect on
FTE 0 FTE0 FTE1 FTE1 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.02P
Bill No. Perfected HCS for HB 725
Page 3 of
March 23, 2023
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§569.100 and 570.030 – Teller machines
Officials from the Department of Corrections (DOC) state 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.
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. L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 4 of
March 23, 2023
DD:LR:OD
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.
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.
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
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 L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 5 of
March 23, 2023
DD:LR:OD
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.
The combined cumulative impact of one new class B felony, two new class C felonies, and one
new class D felony on the department is estimated to be 43 additional offenders in prison and 68
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
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
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
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
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
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
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
1
7
C
umulative Populations
P
rison
1
2
2
4
3
5
4
2
4
3
4
3
4
3
4
3
4
3
4
3
P
arole
0 0 1 6 1
7
2
6
3
5
3
6
3
7
3
7
P
robation
1
7
3
4
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
I
mpact
P
rison Population
1
2
2
4
3
5
4
2
4
3
4
3
4
3
4
3
4
3
4
3
F
ield Population
1
7
3
4
5
2
5
7
6
8
7
7
8
6
8
7
8
8
8
8
P
opulation Change
2
9
5
8
8
7
9
9
1
11
1
20
1
29
1
30
1
31
1
31 L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 6 of
March 23, 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 112($9,499)($94,990)0$017($94,990)Year 224($9,499)($232,536)0$034($232,536)Year 335($9,499)($345,897)1($97,151)52($443,048)Year 442($9,499)($423,377)1($89,668)57($513,045)Year 543($9,499)($442,127)1($90,620)68($532,747)Year 643($9,499)($450,970)1($91,584)77($542,554)Year 743($9,499)($459,989)1($92,558)86($552,547)Year 843($9,499)($469,189)1($93,544)87($562,733)Year 943($9,499)($478,572)1($94,541)88($573,113)Year 1043($9,499)($488,144)1($95,551)88($583,695)
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. However,
Oversight assumes the number of new prisoners detained for these charges will not reach the
estimate provided by DOC, but we don’t have an estimate of the number of new convictions. L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 7 of
March 23, 2023
DD:LR:OD
Therefore, Oversight will reflect the fiscal impact as “less than” DOC’s estimated impact for
fiscal note purposes.
In response to similar legislation from 2022 (SCS SB 831), officials from the Office of the State
Public Defender (SPD) stated the proposed legislation creates the offense of tampering with a
teller machine, in violation of Section 569.100, and therefore, could increase the number of
persons who are eligible for representation by the State Public Defender (SPD). The fiscal
impact of this legislation on the SPD is unknown as the number of additional cases eligible for
representation as the result of the legislation is unknown, but it is anticipated that any increase
would be less than $250,000.
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, and the Missouri Office of
Prosecution Services assume the proposal will have no fiscal impact on their organization.
In response to 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. L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 8 of
March 23, 2023
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2028)
GENERAL
REVENUE
Cost – DOC
(§569.100 and
570.030) p. 3-6
Personal service$0$0($50,345)($51,357) Fringe benefits$0$0($34,734)($35,433) Equipment and
expense $0$0($12,072)($3,830)
Increased
incarceration costs($94,990)($232,536)($345,897)($442,127)
Total cost - DOC($94,990)($232,536)($443,048)($532,747) FTE Change -
DOC 0 FTE0 FTE1 FTE1 FTE
ESTIMATED
NET EFFECT
ON THE
GENERAL
REVENUE
FUND
Less than
($94,990)
Less than
($232,536)
Less than
($443,048)
Less than
($532,747)
Estimated Net
FTE Change for
the General
Revenue Fund0 FTE0 FTE1 FTE1 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. L.R. No. 1244H.02P
Bill No. Perfected HCS for HB 725
Page 9 of
March 23, 2023
DD:LR:OD
FISCAL DESCRIPTION
OFFENSES INVOLVING TELLER MACHINES (Sections 569.100 and 570.030)
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. 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.
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 DirectorMarch 23, 2023March 23, 2023