COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3809H.01I Bill No.:HB 1653 Subject:Criminal Procedure; Criminal Procedure Type:Original Date:January 8, 2024Bill Summary:This proposal modifies the offense of making a false report.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
General
Revenue*
Could exceed
($16,148)
Could exceed
($39,531)
Could exceed
($50,402)
Could exceed
($73,414)
Total Estimated
Net Effect on
General
Revenue
Could exceed
($16,148)
Could exceed
($39,531)
Could exceed
($50,402)
Could exceed
($73,414)
*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, it
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 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
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. 3809H.01I
Bill No. HB 1653
Page 2 of
January 8, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
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 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 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown)
$0 or Unknown
to (Unknown) L.R. No. 3809H.01I
Bill No. HB 1653
Page 3 of
January 8, 2024
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 bill modifies penalties associated with the offense of making a false report. The changes are
summarized in the following table. They create a new class E felony and a new class B felony
offense.
Previous ChargeAgeTypeNew ChargeReport of misdemeanorClass B misdemeanorReport of felonyClass E felony
>=18
Report results in death or
serious physical injury
Class B felony
First offenseStatus Offense
Class B
misdemeanor
<18
Second or subsequent violationClass C misdemeanor
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.
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 L.R. No. 3809H.01I
Bill No. HB 1653
Page 4 of
January 8, 2024
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, 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.
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 7 additional offenders in prison
and 7 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 L.R. No. 3809H.01I
Bill No. HB 1653
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 12($9,689)($16,148)0$02($16,148)Year 24($9,689)($39,531)0$04($39,531)Year 35($9,689)($50,402)0$07($50,402)Year 46($9,689)($61,692)0$07($61,692)Year 57($9,689)($73,414)0$07($73,414)Year 67($9,689)($74,882)0$08($74,882)Year 77($9,689)($76,380)0$09($76,380)Year 87($9,689)($77,907)0$010($77,907)Year 97($9,689)($79,465)0$011($79,465)Year 107($9,689)($81,055)0$011($81,055)
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,
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
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. 3809H.01I
Bill No. HB 1653
Page 6 of
January 8, 2024
DD:LR:OD
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.
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 person who is a victim of an offense
under this statute may bring an action to recover damages, equitable relief, attorney's fees, and
punitive damages in some instances. This provision has the potential to increase costs to the state
Legal Expense Fund (LEF) for actions alleging violation of this provision against a state
employee in connection with their official duties on behalf of the state. This change will be
subject to judicial construction; therefore, the cost impact to the state is unknown.
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.
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 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 Phelps County
Sheriff’s Department, the Kansas City Police Department, and the St. Louis County Police
Department each assume the proposal will have no fiscal impact on their respective L.R. No. 3809H.01I
Bill No. HB 1653
Page 7 of
January 8, 2024
DD:LR:OD
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 notes that violations of §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.
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
GENERAL
REVENUE
Cost – DOC
(§575.080)
Increased
incarceration costs($16,148)($39,531)($50,402)($73,414)
Transfer Out – OA
(§575.080)
Potential increase
in transfer to LEF
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE
Could exceed
($16,148)
Could exceed
($39,531)
Could exceed
($50,402)
Could exceed
($73,414) L.R. No. 3809H.01I
Bill No. HB 1653
Page 8 of
January 8, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
OTHER STATE
FUNDS
Cost Increase –
(§575.080)
Potential increase
in transfer to LEF
$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)
LEGAL
EXPENSE FUND
(0692)
Transfer In –
(§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
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED
NET EFFECT
ON THE LEGAL
EXPENSE FUND$0$0$0$0 L.R. No. 3809H.01I
Bill No. HB 1653
Page 9 of
January 8, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
COLLEGES
AND
UNIVERSITIES
Cost increase –
(§575.080)
Increase in LEF
payouts
$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)
FEDERAL
FUNDS
Cost increase –
(§575.080)
Increase in LEF
payouts
$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) L.R. No. 3809H.01I
Bill No. HB 1653
Page 10 of 11
January 8, 2024
DD:LR:OD
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
LOCAL
GOVERNMENT
Revenue – School
districts (§575.080)
Fines from
violations$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown
Cost - (§575.080)
Increase in staff
and legal costs
$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.
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.
This legislation does not impose liability on a person who contacts law enforcement to report
unlawful conduct or conflict with the Communication Decency Act or the Civil Rights Act. L.R. No. 3809H.01I
Bill No. HB 1653
Page 11 of 11
January 8, 2024
DD:LR:OD
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
Phelps County Sheriff’s Department
Kansas City Police Department
St. Louis County Police Department
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 8, 2024January 8, 2024