COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3154H.01I Bill No.:HB 1748 Subject:Crimes and Punishment; Criminal Procedure Type:Original Date:January 10, 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 2029)
General Revenue($32,297)($118,593)($352,815)($502,948)Total Estimated
Net Effect on
General
Revenue($32,297)($118,593)($352,815)($502,948)
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. 3154H.01I
Bill No. HB 1748
Page 2 of
January 10, 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)
General Revenue0 FTE0 FTE0 FTE1 FTETotal Estimated
Net Effect on
FTE 0 FTE0 FTE0 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 2025FY 2026FY 2027Fully
Implemented
(FY 2029)
Local
Government$0$0$0$0
FISCAL ANALYSIS L.R. No. 3154H.01I
Bill No. HB 1748
Page 3 of
January 10, 2024
DD:LR:OD
ASSUMPTION
§§558.019, 575.150, 575.151, <575.200>, and 610.140 – Arrests, stops, and detentions
Officials from the Department of Corrections (DOC) state the proposal modifies and creates
offenses involving arrests, stops, and detentions. It modifies sections 558.019 and 575.150 to
include penalties for attempted escape from custody, which will allow for the repeal of section
575.200. The bill also introduces section 575.150, which creates the specific offenses of resisting
arrest by fleeing in or on a motor vehicle and aggravated arrest by fleeing in or on a motor
vehicle.
Resisting arrest by fleeing in a motor vehicle becomes a class E felony for the first offense and a
class D felony for subsequent offenses, and to aggravated resisting arrest by fleeing in a motor
vehicle becomes a class D felony for a first offense and a class C felony for subsequent offenses.
The potential impact of this bill on department operations is difficult to determine because
department records do not differentiate between resisting arrest offenses that involve motor
vehicles and those that do not. Therefore, the DOC assumes that offenses under section 577.151
that were sentenced as class E felonies will continue to be sentenced as class E felonies unless
the offender has a prior sentence under this section, in which case the sentence would be
reclassified as a class D felony.
Although the bill also introduces the potential for a class C felony for repeated aggravated
resisting arrest, the impact of creating the aggravated resisting arrest offense as a first offense is
what is taken into account in this response. This is done by using the department’s standard
response to the creation of a new violent class D felony offense.
In FY 2023, there were 411 new court commitments to prison on sentences under section
575.150. Of those, 39 had prior sentences under section 575.150. Therefore, the DOC will
estimate there will be 39 persons sentenced for a class D felony instead of a class E felony due to
their prior sentences for resisting arrest.
The differences for a class E felony under 575.151 and a possible class D felony under 575.151
are summarized in the table immediately below. Offenders first released from prison in FY 2023
whose longest sentence was for a class E felony served, on average, 1.1 years of a 3.6 year
sentence in prison prior to first release. The DOC estimates that 33% of the remaining sentence
term, or approximately 0.8 years, will be spent in prison following returns from parole
supervision; and, the remaining 1.7 years of the sentence will be spent under parole supervision.
Class E Class DDiffFirst release1.11.20.1 N
ew Admission
R
epetitive Offense
R
esis Arr Flee MV
C
lass E
C
lass D
A
ggrav Resis Arr Flee MV
C
lass D
C
lass C L.R. No. 3154H.01I
Bill No. HB 1748
Page 4 of
January 10, 2024
DD:LR:OD
Total prison1.92.50.6Total Parole1.72.71.0Total Sentence 3.65.21.6
Offenders first released from prison in FY 2023 whose longest sentence was for a class D felony
served, on average, 1.2 years of a 5.2 year sentence in prison prior to first release. The DOC
estimates that 33% of the remaining sentence term, or approximately 1.3 years, will be spent in
prison following returns from parole supervision; and, the remaining 2.7 years of the sentence
will be spent under parole supervision.
As shown in the table, reclassification is likely to lead to an additional 0.6 years in prison, an
additional 1.0 years on parole supervision, and an additional 1.6 years of the total sentence for
these offenders.
The impact of increasing the penalty for a second offense under section 575.151 does not appear
until FY 2028, and would be expected to reach maximum cumulative impact in FY 2030, with
23 additional offenders in prison and 39 additional offenders under field supervision.
For each new violent class D felony, the department estimates four people will 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.
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
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
A
fter Legislation
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
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
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 4 2
3
2
3
2
3
2
3
2
3
2
3
2
3
2
3
P
arole
0 -
4
-
23
-
8
3
1
3
9
3
9
3
9
3
9
3
9
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
0 4 2
3
2
3
2
3
2
3
2
3
2
3
2
3
2
3
F
ield Population
0 -
4
-
23
-
8
3
1
3
9
3
9
3
9
3
9
3
9
P
opulation Change
0 0 0 1
6
5
5
6
2
6
2
6
2
6
2
6
2 L.R. No. 3154H.01I
Bill No. HB 1748
Page 5 of
January 10, 2024
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 39 additional offenders in
prison and 51 additional offenders on field supervision by FY 2029.
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
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
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
A
fter Legislation
4
3
4
3
4
3
4
3
4
3
4
3
4
3
4
3
4
3
4
3
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 1
2
3
5
3
9
3
9
3
9
3
9
3
9
3
9
3
9
P
arole
0 -
4
-
23
-
8
3
5
4
6
4
6
4
6
4
6
4
6
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
4 1
2
3
5
3
9
3
9
3
9
3
9
3
9
3
9
3
9
F
ield Population
4 4 -
11
8 5
1
6
2
6
2
6
2
6
2
6
2
P
opulation Change
8 1
6
2
4
4
8
9
1
1
01
1
01
1
01
1
01
1
01 L.R. No. 3154H.01I
Bill No. HB 1748
Page 6 of
January 10, 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 14($9,689)($32,297)0$04($32,297)Year 212($9,689)($118,593)0$04($118,593)Year 335($9,689)($352,815)0$0(11)($352,815)Year 439($9,689)($401,000)0$08($401,000)Year 539($9,689)($409,020)1($93,929)51($502,948)Year 639($9,689)($417,200)1($85,896)62($503,096)Year 739($9,689)($425,544)1($86,814)62($512,359)Year 839($9,689)($434,055)1($87,743)62($521,798)Year 939($9,689)($442,736)1($88,683)62($531,419)Year 1039($9,689)($451,591)1($89,633)62($541,224)
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. 3154H.01I
Bill No. HB 1748
Page 7 of
January 10, 2024
DD:LR:OD
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.
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 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.
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 (575.151) 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 Public Safety - Missouri Highway Patrol, the Missouri
Department of Transportation, the Office of the State Courts AdministratorPhelps
County Sheriff’s DepartmentKansas 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.
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. L.R. No. 3154H.01I
Bill No. HB 1748
Page 8 of
January 10, 2024
DD:LR:OD
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2029)
GENERAL
REVENUE
Costs – DOC
(§§575.150 and
575.151)
Personal Service$0$0$0($47,224) Fringe Benefits$0$0$0($33,934) Exp. & Equip.$0$0$0($12,770)Increased
incarceration costs($32,297)($118,593)($352,815)($409,020)
Total Costs - DOC($32,297)($118,593)($352,815)($502,948)FTE Change -
DOC 0 FTE0 FTE0 FTE1 FTE
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($32,297)($118,593)($352,815)($502,948)
Estimated Net
FTE Change on
General Revenue0 FTE0 FTE0 FTE1 FTE
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. L.R. No. 3154H.01I
Bill No. HB 1748
Page 9 of
January 10, 2024
DD:LR:OD
FISCAL DESCRIPTION
This bill 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
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
Kansas City Police Department
St. Louis County Police Department
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 10, 2024January 10, 2024