COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4436H.02C Bill No.:HCS for HB Nos. 1692 & 1748 Subject:Crimes and Punishment; Criminal Procedure; Motor Vehicles Type:Original Date:February 23, 2024Bill Summary:This proposal modifies and creates offenses involving arrests, stops, and
detentions.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
General Revenue($48,445)($118,593)($181,448)($358,957)Total Estimated
Net Effect on
General
Revenue($48,445)($118,593)($181,448)($358,957)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 2 of
February 23, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
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 2034)
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 2034)
Local
Government$0$0$0$0
FISCAL ANALYSIS L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 3 of
February 23, 2024
DD:LR:OD
ASSUMPTION
Repeals §575.200 and implements §§558.019, 575.150, 575.151, and 610.140 – Arrests, stops,
and detentions
Officials from the Department of Corrections (DOC) state this proposal establishes the offense
of aggravated fleeing a stop or detention of a motor vehicle.
Section 575.150 is expanded to include a class E felony penalty for the offense of resisting arrest
or detention when the person fleeing does so by operating a motor vehicle, unless committed
with a deadly weapon, in which case it is a class A felony. This bill also removes section
575.200, in which the offense of escape from custody is a class E felony, unless committed with
a deadly instrument, in which case it is a class A felony. Therefore, the net change will be no
impact.
Section 575.151 creates the offense of aggravated fleeing a stop or detention of law enforcement
motor vehicle. A violation of subdivision (1) of subsection 1 is a class D felony. A violation of
subdivision (2) of subsection 1 is a class B felony. A violation of subdivision (3) of subsection 1
is a class A felony.
For each new violent class D felony, the department estimates four people could be sentenced to
prison and four to probation. The average sentence for a violent class D felony offense is 5.7
years, of which 4 years will be served in prison with 3 years to first release. The remaining 1.7
years will be on parole. Probation sentences will be 4 years.
The cumulative impact on the department is estimated to be 16 additional offenders in prison and
16 additional offenders on field supervision by FY 2028.
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
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
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
P
arole
0 0 0 0 4 7 7 7 7 7
P
robation
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
F
ield Population
4 8 1
2
1
6
2
0
2
3
2
3
2
3
2
3
2
3
P
opulation Change
8 1
6
2
4
3
2
3
6
3
9
3
9
3
9
3
9
3
9 L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 4 of
February 23, 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.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
0 additional offenders on field supervision by FY 2029.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A 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 A felony have an average sentence length of 17.1
years and serve, on average, 12.3 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 sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2034 is 10 additional offenders in prison.
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. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 5 of
February 23, 2024
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 31 additional offenders in
prison and 27 additional offenders on field supervision by FY 2034.
# 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 16($9,689)($48,445)0$04($48,445)Year 212($9,689)($118,593)0$08($118,593)
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
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 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0
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
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
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
6 1
2
1
8
2
4
2
6
2
7
2
8
2
9
3
0
3
1
P
arole
0 0 0 0 4 8 9 1
0
1
1
1
1
P
robation
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
I
mpact
P
rison Population
6 1
2
1
8
2
4
2
6
2
7
2
8
2
9
3
0
3
1
F
ield Population
4 8 1
2
1
6
2
0
2
4
2
5
2
6
2
7
2
7
P
opulation Change
1
0
2
0
3
0
4
0
4
6
5
1
5
3
5
5
5
7
5
8 L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 6 of
February 23, 2024
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Year 318($9,689)($181,448)0$012($181,448)Year 424($9,689)($246,769)0$016($246,769)Year 526($9,689)($272,680)0$020($272,680)Year 627($9,689)($288,831)0$024($288,831)Year 728($9,689)($305,519)0$025($305,519)Year 829($9,689)($322,759)0$026($322,759)Year 930($9,689)($340,566)0$027($340,566)Year 1031($9,689)($358,957)0$027($358,957)
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.
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 change to Section
575.150 and 575.151 would take approximately twenty-two to 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. L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 7 of
February 23, 2024
DD:LR:OD
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.
In response to a previous version, officials from the Office of Attorney General (AGO)
assumed any potential litigation costs arising from this proposal can be absorbed with existing
resources. However, the AGO may seek additional appropriations if the proposal results in 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 Office of State Courts Administrator (OSCA) state there may be some
impact but there is no way to quantify that currently. Any significant changes will be reflected in
future budget requests.
Officials from the Department of Public Safety - Missouri Highway Patrol, the Department
of Revenue, the Missouri Department of TransportationMissouri Office of Prosecution
ServicesPhelps 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 organizations. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.
Officials from the Branson Police Department
impact on their organization. However, Oversight notes they provided no information explaining
the potential fiscal impact this proposal would have on their organization. Therefore, for fiscal
note purposes, Oversight assumes any fiscal impact incurred by this police department would be
absorbable.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local law enforcement 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 2034) L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 8 of
February 23, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
GENERAL
REVENUE
Costs – DOC
(§575.151) p. 3-7
Increased
incarceration costs($48,445)($118,593)($181,448)($358,957)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($48,445)($118,593)($181,448)($358,957)
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
$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
The proposed legislation modifies and creates offenses involving arrests, stops, and detentions.
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
Department of Revenue L.R. No. 4436H.02C
Bill No. HCS for HB Nos. 1692 & 1748
Page 9 of
February 23, 2024
DD:LR:OD
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Phelps County Sheriff’s Department
Branson Police Department
Kansas City Police Department
St. Louis County Police Department
Julie MorffRoss StropeDirectorAssistant DirectorFebruary 23, 2024February 23, 2024