COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:5351H.03P Bill No.:Perfected HCS for HB Nos. 2576 & 1433 Subject:Crimes and Punishment; Criminal Procedure; Drugs and Controlled Substances Type:Original Date:April 9, 2024Bill Summary:This proposal modifies the offenses of trafficking of drugs in the first and
second degree.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027General Revenue*(Unknown)(Unknown)(Unknown)Total Estimated Net
Effect on General
Revenue(Unknown)(Unknown)(Unknown)
*Oversight assumes the fiscal impact could exceed the $250,000 threshold. Oversight notes there
were 97 new prison admissions for 1
st
and 2
nd
degree drug trafficking in FY 2023. To reach the
$250,000 threshold, an additional 26 prisoners would be required to be imprisoned or remain in
prison (if a more severe charge) at the estimated incarceration rate of $9,689 cost per year per
prisoner.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 5351H.03P
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on FTE 000
☒ 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 AFFECTEDFY 2025FY 2026FY 2027Local Government$0$0$0 L.R. No. 5351H.03P
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FISCAL ANALYSIS
ASSUMPTION
§§579.065 and 579.068 – Trafficking drugs
Officials from the Department of Corrections (DOC) state this proposal modifies the offenses
of trafficking drugs in the first and second degree. The bill modifies sections 579.065 and
579.068 by adjusting the amounts of fentanyl and carfentanil associated with the definitions and
penalties for drug trafficking in the first degree and drug trafficking in the second degree.
Section 579.065 changes the minimum amount of fentanyl from ten to three milligrams and any
amount of carfentanil. Section 579.068 changes the minimum amount of fentanyl from twenty to
fourteen and more than five hundredths milligram of carfentanil.
Section 579.065 - In FY 2023, there were 18 new prison admissions and 12 new probation cases
for 1
st
degree drug trafficking.
Section 579.068 - In FY 2023, there were 79 new prison admissions and 90 new probation cases
for 2
nd
degree drug trafficking.
When an offender is sentenced to imprisonment, the department receives a sentence and
judgement form which contains information on the conviction(s) and sentence(s). Most sentence
and judgement forms for drug related offenses do not notate the type or amount of the drug
associated with the conviction. Given that the drug associated with the offense and any amount
associated with the drug is unknown in the majority of cases, the department is unable to
estimate the number of new admissions related to the possession and/or distribution of fentanyl
or carfentanil. Therefore, the DOC will assume an unknown impact to this legislation.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated (unknown) impact for fiscal note purposes.
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 Department of Public Safety - Missouri Highway Patrol, the Missouri
Office of Prosecution Services, the Office of the State Courts Administrator, and the Office
of the State Public Defender each assume the proposal will have no fiscal impact on their L.R. No. 5351H.03P
Bill No. Perfected HCS for HB Nos. 2576 & 1433
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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.
FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUECosts – DOC (§§579.065 and 579.068)
Changes to trafficking drugs felony
charges relating to fentanyl/carfentanil(Unknown)(Unknown)(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE(Unknown)(Unknown)(Unknown)
FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027$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
DRUG TRAFFICKING (Sections 579.065 and 579.068)
This bill amends the offenses of drug trafficking in the first degree and drug trafficking in the
second degree.
Currently, trafficking drugs in the first degree is a class B felony if the person knowingly
distributes, delivers, manufactures, or produces, or attempts to distribute, deliver, manufacture,
or produce more than 10 milligrams of fentanyl. It is a class A felony if the amount is 20
milligrams or more.
Trafficking drugs in the second degree is a class C felony if the person knowingly possesses or
has under his or her control, purchases or attempts to purchase, or brings into this state more than
10 milligrams of fentanyl, and is a class B felony if the amount is 20 milligrams or more.
This bill amends the quantities of fentanyl for the offense of trafficking of drugs, in the first and
second degree, as follows: L.R. No. 5351H.03P
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(1) Drug trafficking in the first degree is a class B felony for more than three but less than 14
milligrams of fentanyl;
(2) Drug trafficking in the first degree is a class A felony for more than 14 milligrams of
fentanyl;
(3) Drug trafficking in the second degree is a class C felony for more than three but less than 14
milligrams of fentanyl;
(4) Drug trafficking in the second degree is a class B felony for more than 14 milligrams of
fentanyl.
Under the offense of trafficking drugs in the first degree, trafficking any amount of carfentanil up
to .05 milligrams is a class B felony, and trafficking more than .05 milligrams is a class A felony.
Under the offense of trafficking drugs in the second degree, trafficking any amount of carfentanil
up to .05 milligrams is a class C felony, and trafficking more than .05 milligrams is a class B
felony.
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 Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffRoss StropeDirectorAssistant DirectorApril 9, 2024April 9, 2024