COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3436H.01I Bill No.:HB 1510 Subject:Crimes and Punishment; Criminal Procedure; Motor Vehicles Type:Original Date:January 8, 2024Bill Summary:This proposal modifies and establishes offenses involving motor vehicles.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2028)
General Revenue($40,371)($98,828)($141,126)($174,795)Total Estimated
Net Effect on
General Revenue($40,371)($98,828)($141,126)($174,795)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
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. 3436H.01I
Bill No. HB 1510
Page 2 of
January 8, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
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 2025FY 2026FY 2027Fully
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 2025FY 2026FY 2027Fully
Implemented
(FY 2028)
Local
Government$0$0$0$0 L.R. No. 3436H.01I
Bill No. HB 1510
Page 3 of
January 8, 2024
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§569.170 and 569.175 – Offenses involving motor vehicles
Officials from the Department of Corrections (DOC) state this proposal modifies and
establishes offenses involving motor vehicles.
HB 1510 creates a new class C felony when a burglary is committed with the possession of a
firearm and new class E felony when unlawfully gaining entry into a motor vehicle. The intent
of the bill is to create a class C felony and a class E felony.
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.
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 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.
C
hange in prison admissions and probation openings with legislation-Class C Felony
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
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
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
P
arole
0 0 0 1 5 9 1
3
1
3
1
3
1
3
P
robation
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
I
mpact
P
rison Population
4 8 1
2
1
5
1
5
1
5
1
5
1
5
1
5
1
5
F
ield Population
6 1
2
1
8
1
9
2
3
2
7
3
1
3
1
3
1
3
1
P
opulation Change
1
0
2
0
3
0
3
4
3
8
4
2
4
6
4
6
4
6
4
6 L.R. No. 3436H.01I
Bill No. HB 1510
Page 4 of
January 8, 2024
DD:LR:OD
Combined Cumulative Estimated Impact
The impact of a new class C felony and a new class E nonviolent felony on the department is
estimated to be 17 additional offenders in prison and 26 on field supervision by FY2028.
C
hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent)
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
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
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
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
P
robation
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
C
hange (After Legislation - Current Law)
A
dmissions
5 5 5 5 5 5 5 5 5 5
P
robations
8 8 8 8 8 8 8 8 8 8
C
umulative Populations
P
rison
5 1
0
1
4
1
7
1
7
1
7
1
7
1
7
1
7
1
7
P
arole
0 0 1 2 6 1
0
1
4
1
4
1
4
1
4
P
robation
8 1
6
2
4
2
4
2
4
2
4
2
4
2
4
2
4
2
4
I
mpact
P
rison Population
5 1
0
1
4
1
7
1
7
1
7
1
7
1
7
1
7
1
7
F
ield Population
8 1
6
2
5
2
6
3
0
3
4
3
8
3
8
3
8
3
8
P
opulation Change
1
3
2
6
3
9
4
3
4
7
5
1
5
5
5
5
5
5
5
5 L.R. No. 3436H.01I
Bill No. HB 1510
Page 5 of
January 8, 2024
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 15($9,689)($40,371)0$08($40,371)Year 210($9,689)($98,828)0$016($98,828)Year 314($9,689)($141,126)0$025($141,126)Year 417($9,689)($174,795)0$026($174,795)Year 517($9,689)($178,291)0$030($178,291)Year 617($9,689)($181,856)0$034($181,856)Year 717($9,689)($185,494)0$038($185,494)Year 817($9,689)($189,203)0$038($189,203)Year 917($9,689)($192,988)0$038($192,988)Year 1017($9,689)($196,847)0$038($196,847)
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 $26.545 per day or an annual cost of $9,689 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 $99.90 per day or an
annual cost of $36,464 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 impact for fiscal note purposes. L.R. No. 3436H.01I
Bill No. HB 1510
Page 6 of
January 8, 2024
DD:LR:OD
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing personnel and resources. However, the
AGO may seek additional appropriations if there is a significant increase in litigation or
investigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Missouri Office of Prosecution Services (MOPS) assume 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.
Officials from the Office of the State Public Defender (SPD) state per the recently released
National Public Defense Workload Study, the new charge contemplated by the changes to
Sections 569.170 and 569.175 would take approximately thirty-five hours of SPD work for
reasonably effective representation. If one hundred cases were filed under this section in a fiscal
year, representation would result in a need for an additional one to two attorneys. Because the
number of cases that will be filed under this statute is unknown, the exact additional number of
attorneys necessary is unknown. Each case would also result in unknown increased costs in the
need for core staff, travel, and litigation expenses.
Oversight assumes this proposal will not create the number of new cases required to request
additional FTE for the SPD 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 Department of Public Safety - Missouri Highway Patrol, the Missouri
Department of Transportation, and the Office of the State Courts Administrator each
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. 3436H.01I
Bill No. HB 1510
Page 7 of
January 8, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2028)
GENERAL
REVENUE
Cost – DOC
(§§569.170 and
569.175) Increased
incarceration costs($40,371)($98,828)($141,126)($174,795)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($40,371)($98,828)($141,126)($174,795)
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
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 to the offense of burglary in the second degree when a person unlawfully enters a
motor vehicle or any part of a motor vehicle with the intent to commit a felony or theft. The bill
defines "enters" as a person intruding with any part of the body or any physical object connected
with the body. If a person who commits a violation under this provision was in possession of a
firearm at the time or stole a firearm from the motor vehicle during the violation, he or she is
guilty of a class C felony.
The bill also creates the offense of unlawfully gaining entry into a motor vehicle, which a person
commits if he or she lifts the door handles or otherwise tries the doors and locks of successive
vehicles in an attempt to gain entry. A violation of this section is a class E felony. A person does
not commit the offense of unlawfully gaining entry into a motor vehicle if the person is the
owner of the vehicle or has the owner's permission to enter the vehicle. L.R. No. 3436H.01I
Bill No. HB 1510
Page 8 of
January 8, 2024
DD:LR:OD
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 - Missouri Highway Patrol
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 8, 2024January 8, 2024