COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3813H.01I Bill No.:HB 1652 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:January 8, 2024Bill Summary:This proposal establishes the offense of organized retail theft.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
General Revenue($40,371)($98,828)($151,207)($209,754)Total Estimated
Net Effect on
General Revenue($40,371)($98,828)($151,207)($209,754)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 3813H.01I
Bill No. HB 1652
Page 2 of
January 8, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
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 2029)
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 2029)
Local
Government$0$0$0$0
FISCAL ANALYSIS L.R. No. 3813H.01I
Bill No. HB 1652
Page 3 of
January 8, 2024
DD:LR:OD
ASSUMPTION
§570.036 – Organized retail theft
Officials from the Department of Corrections (DOC) state this proposal establishes the offense
of organized retail theft. Section 570.036 creates a class C felony for all thefts during a period of
120 days and less than $1,000. A class B felony is created for all thefts during a period of 120
days and more than $10,000.
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 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.
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 have 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.
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. 3813H.01I
Bill No. HB 1652
Page 4 of
January 8, 2024
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 20 additional offenders in
prison and 23 additional offenders on field supervision by FY 2029.
C
hange in prison admissions and probation openings with legislation-Class B 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
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
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
6 6 6 6 6 6 6 6 6 6
C
hange (After Legislation - Current Law)
A
dmissions
5 5 5 5 5 5 5 5 5 5
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
5 1
0
1
5
1
9
2
0
2
0
2
0
2
0
2
0
2
0
P
arole
0 0 0 1 5 1
0
1
5
1
6
1
7
1
7
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
5 1
0
1
5
1
9
2
0
2
0
2
0
2
0
2
0
2
0
F
ield Population
6 1
2
1
8
1
9
2
3
2
8
3
3
3
4
3
5
3
5
P
opulation Change
1
1
2
2
3
3
3
8
4
3
4
8
5
3
5
4
5
5
5
5 L.R. No. 3813H.01I
Bill No. HB 1652
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$06($40,371)Year 210($9,689)($98,828)0$012($98,828)Year 315($9,689)($151,207)0$018($151,207)Year 419($9,689)($195,359)0$019($195,359)Year 520($9,689)($209,754)0$023($209,754)Year 620($9,689)($213,949)0$028($213,949)Year 720($9,689)($218,228)0$033($218,228)Year 820($9,689)($222,592)0$034($222,592)Year 920($9,689)($227,044)0$035($227,044)Year 1020($9,689)($231,585)0$035($231,585)
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 estimated impact for fiscal note purposes. L.R. No. 3813H.01I
Bill No. HB 1652
Page 6 of
January 8, 2024
DD:LR:OD
Oversight notes the provisions of this proposal state the court shall order a person who violates
§570.036 to pay restitution. Oversight assumes restitution will be paid to the merchant and there
will be no impact to the State.
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 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 Department of Commerce and Insurance, the Department of Public
Safety - Missouri Highway PatrolOffice of the State Courts Administrator, the Office
of the State Public Defender, and the City of Kansas City 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.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities and counties 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. 3813H.01I
Bill No. HB 1652
Page 7 of
January 8, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
GENERAL
REVENUE
Cost – DOC
(§570.036)
Increased
incarceration costs($40,371)($98,828)($151,207)($209,754)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($40,371)($98,828)($151,207)($209,754)
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
$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 provides that a person commits the offense of organized retail theft if he or she commits
a series of thefts of retail merchandise on the premises of a merchant or through the use of the
Internet with the intent to return the merchandise to the merchant for value or resell, trade, or
barter the merchandise for value in any manner.
The offense of organized retail theft is a class C felony if the aggregate value of the property or
services, as determined under the bill, involved in all thefts committed during a 120-day period is
between $1,500 and $10,000 and a class B felony if such aggregate value is over $10,000. In
addition to any other penalty, the person who violates the provisions of this bill will be ordered
to pay restitution.
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. 3813H.01I
Bill No. HB 1652
Page 8 of
January 8, 2024
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
City of Kansas City
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 8, 2024January 8, 2024