COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3110H.02C Bill No.:HCS for HB 1464 Subject:Children and Minors; Crimes and Punishment; Courts; Evidence; Sexual Offenses Type:Original Date:March 4, 2025Bill Summary:This proposal modifies and establishes provisions relating to the protection of children and vulnerable persons. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2032) General Revenue* $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Could exceed ($23,616) Total Estimated Net Effect on General Revenue $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Could exceed ($23,616) *The fiscal impact to General Revenue could exceed the $250,000 threshold depending on the level of appropriation to the Anti-Trafficking Fund (§210.1505), if any. ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2032) Anti-Trafficking Fund* $0$0$0$0 Total Estimated Net Effect on Other State Funds $0$0$0$0 *Revenue and expenses net to zero. Numbers within parentheses: () indicate costs or losses. L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 2 of March 4, 2025 DD:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2032) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2032) Anti-Trafficking Fund 2 FTE2 FTE2 FTE2 FTE Total Estimated Net Effect on FTE 2 FTE2 FTE2 FTE2 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 2026FY 2027FY 2028Fully Implemented (FY 2032) Local Government$0$0$0$0 L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 3 of March 4, 2025 DD:LR:OD FISCAL ANALYSIS ASSUMPTION §210.1505 – Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children Officials from the Attorney General’s Office (AGO) assume this proposal will increase caseloads. The AGO requests one (1) AAG IV to manage the additional cases and one (1) Paralegal to support the additional attorney. Oversight does not have any information contrary to that provided by AGO. Therefore, Oversight will reflect AGO’s impact for fiscal note purposes. In response to a previous version, officials from the Office of the State Treasurer (STO) stated the language in Section 210.1505 states the STO “shall” approve disbursements instead of “may” approve disbursements. If the STO is expected to administer the fund, an additional FTE (Treasury Coordinator) at an annual salary of $43,000 will be needed to carry out the responsibilities. Salaries are from similar positions; costs of equipment are based on past purchasing and FMDC amounts. STO cannot absorb costs. FTE is only if STO would be required to administer the fund. Oversight assumes this proposal will not create the additional duties necessary for a new FTE for the STO. Therefore, Oversight will reflect no fiscal impact to the STO for fiscal note purposes. However, if this assumption is incorrect, the STO may request funding through the appropriations process. Officials from the Missouri Senate (SEN) anticipate a negative fiscal impact to reimburse one senator for travel to Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children Council meetings. The SEN assumes meetings will be held in Jefferson City during the interim. The average of the total round trip miles for current sitting senators is 255 miles and the current mileage rate, as set by the Office of Administration is $0.655 cents per mile. Therefore, the SEN estimates a total cost for senator mileage of approximately $167. The SEN assumes no fiscal responsibility for the other committee members. Oversight does not have any information to the contrary. Oversight assumes the SEN can absorb the minimal fiscal impact for this proposal within existing funding levels and will reflect no fiscal impact for this agency. In response to a previous version, officials from the Missouri House of Representatives (MHR) assumed the proposal will have no fiscal impact on their organization. The MHR will absorb any reasonable expenses of their member serving on the council. Oversight does not L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 4 of March 4, 2025 DD:LR:OD have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Oversight notes the provisions of this section establish the Anti-Trafficking Fund, which consists of moneys appropriated by the General Assembly as well as court-ordered restitution from human trafficking offenses, any proceeds as provided under section 566.218.2, any gifts, donations, grants, and bequests. Moneys in the fund shall be used solely to pay for the position of the executive director and administrative support for the statewide council, education and awareness regarding human trafficking, and anti-trafficking efforts through the state. Oversight will reflect the possibility that the General Assembly could appropriate moneys to this new fund from the General Revenue Fund. For fiscal note purposes, Oversight assumes services provided under this proposal will equal income/appropriations and net to zero. §§566.151, 566.210, 566.211, and 567.030 – Criminal offenses involving a child and prostitution Officials from the Department of Corrections (DOC) state this proposal modifies and establishes provisions relating to the protection of children and vulnerable persons. Section 566.151 changes the age of the victim from any person who is less than fifteen to seventeen years of age. From FY 2022 to FY 2024, the department totaled 59 new prison admissions and 3 new probation cases for sentences of enticement of a child. The increase in the minimum age under which a person can be considered to be enticed as a child could create additional instances in which a person could be charged with a crime under this section. However, there is no available data to determine the number of 16- and 17-year-olds to whom this could have potentially applied. Therefore, the impact for this section is an unknown cost. Section 566.210 changes language to extend the term of imprisonment prior to parole eligibility from 25 to 30 years for sentences on the offense of sexual trafficking of a child in the first degree. There was one person admitted to prison as a new court commitment under section 566.210 in FY 2024. Given the minimum prison term for these sentences are already set at 25 years, this change would not start to have an impact on the department for 25 years from the effective date. Therefore, given the 10-year time frame for this response, DOC assumes no impact for this reporting period in this section. Section 566.211 creates the offense of sexual trafficking of a child in the second degree by a parent, legal guardian, or other person having custody or control of a child. The DOC does not anticipate an impact to this section as none of the offenders sentenced in the past 3 years would be impacted by this legislation. Section 567.030 changes the age of the victim from less than eighteen years of age but older than fourteen to older than fifteen years of age. The bill changes the existing class D felony to a class B felony. L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 5 of March 4, 2025 DD:LR:OD There were one new court commitments to prison and no new probation cases under section 567.030 during FY 2024. These offenses could be changed from class D felonies to class B felonies. The average sentence length for a class D felony sex and child abuse offense is 6.6 years, with 5.3 years spent in prison. Changing this to a class B felony would extend the sentence length to 9.0 years, with 7.3 years spent in prison. The estimated cumulative impact on the department would be an additional 2 offenders in prison and one less offender on field supervision by FY 2032. # 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 10($10,485)$00$00$0Year 20($10,485)$00$00$0Year 30($10,485)$00$00$0Year 40($10,485)$00$00$0Year 50($10,485)$00$00$0Year 61($10,485)($11,576)0$0(1)($11,576)Year 72($10,485)($23,616)0$0(1)($23,616)Year 82($10,485)($24,088)0$0(1)($24,088)Year 92($10,485)($24,570)0$00($24,570)Year 102($10,485)($25,061)0$00($25,061) C hange in prison admissions and probation openings with legislation F Y2026 F Y2027 F Y2028 F Y2029 F Y2030 F Y2031 F Y2032 F Y2033 F Y2034 F Y2035 N ew Admissions C urrent Law 1 1 1 1 1 1 1 1 1 1 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 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 P robations 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 C umulative Populations 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 P rison 0 .00 0 .00 0 .00 0 .00 0 .00 1 2 2 2 2 P arole 0 .00 0 .00 0 .00 0 .00 0 .00 - 1 - 1 - 1 0 .00 0 .00 P robation 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 I mpact 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 P rison Population 0 .00 0 .00 0 .00 0 .00 0 .00 1 2 2 2 2 F ield Population 0 .00 0 .00 0 .00 0 .00 0 .00 - 1 - 1 - 1 0 .00 0 .00 P opulation Change 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 1 2 2 L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 6 of March 4, 2025 DD:LR:OD 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 $28.73 per day or an annual cost of $10,485 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 $100.25 per day or an annual cost of $36,591 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 Oversight notes, from information provided by the State Courts Administrator, the following number of felony convictions under §566.151 and §567.030: FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 §566.151 felonies 19 25 22 24 24 §567.030 felonies 0 2 1 2 0 Oversight will reflect DOC’s impact as an unknown impact to the General Revenue Fund. Oversight notes it would take roughly 24 additional prisoners to reach the $250,000 cost threshold. Oversight will assume a fiscal impact of less than $250,000. Officials from the Office of the State Public Defender (SPD) state per the National Public Defense Workload Study, the new charge contemplated by this change to Section 566.211 creating a class A felony which could result in life imprisonment, would take approximately ninety-nine 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 four to five 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. 3110H.02C Bill No. HCS for HB 1464 Page 7 of March 4, 2025 DD:LR:OD Oversight assumes this proposal will not create the number of new cases required to request additional FTE for the SPD 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. §566.218 – Restitution required for certain offenders Oversight notes any real or personal property that was used, attempted to be used, or intended to be used to commit a sexual offense under 566.203, 566.206, 566.209, 566.210, 566.211, 566.212, 566.213, and 566.215 may be seized. Any proceeds from the sale of the property will be allocated to pay an order of restitution to a victim(s) of human trafficking, with any remaining funds deposited into the Anti-Trafficking Fund. As the exact amount of proceeds from the sale of seized property will vary from year to year, Oversight will reflect a $0 to Unknown impact to the Anti-Trafficking Fund. Responses regarding the proposed legislation as a whole 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. Oversight notes OSCA assumes this proposal may have some impact on their organization although it can’t be quantified at this time. As OSCA is unable to provide additional information regarding the potential impact, Oversight assumes the proposed legislation will have a $0 to (Unknown) cost to the General Revenue Fund. For fiscal note purposes, Oversight also assumes the impact will be under $250,000 annually. If this assumption is incorrect, this would alter the fiscal impact as presented in this fiscal note. If additional information is received, Oversight will review it to determine if an updated fiscal note should be prepared and seek approval to publish a new fiscal note. In response to similar legislation from 2025 (HCS HB 219), officials from the Washington School District stated the financial impact would be about $2,000 for training and documentation updates. Oversight assumes some annual training is conducted regardless of this bill and this change could be incorporated into that training and absorbed within current resources. Officials from the Department of Mental Health, the Department of Natural Resources, the Missouri Office of Prosecution Services, the Office of the Governor, the City of Kansas City, the Branson Police 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. L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 8 of March 4, 2025 DD:LR:OD In response to a previous version, officials from the Department of Commerce and Insurance the Department of Elementary and Secondary EducationDepartment of Health and Senior Services, the Department of Public Safety – (Office of the DirectorCapitol Police), the Department of Social Services, the Missouri Department of Conservation, the Office of AdministrationCity of O’Fallon, and the Phelps County Sheriff’s Department each assumed 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. In response to similar legislation from 2025 (HCS HB 219), officials from the Department of Public Safety - Missouri Highway Patrol assumed the proposal would have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities, counties, nursing homes, local law enforcement, schools, and hospitals 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 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2032) GENERAL REVENUE Cost – DOC p. 4-6 (§§566.151 and 567.030) Increased incarceration costs(Unknown)(Unknown)(Unknown) Could exceed ($23,616) Cost – OSCA (various sections) Potential costs relating to the protection of children and vulnerable persons p. 7 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 9 of March 4, 2025 DD:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2032) Transfer Out – p. 4 (§210.1505) To the Anti- Trafficking Fund $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Could exceed ($23,616) ANTI- TRAFFICKING FUND Income – (§210.1505) Court-ordered restitution from human trafficking offenses p. 4$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown Income – (§210.1505) p. 4 Potential proceeds from orders of restitution as provided under §566.218.2$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown Income – p. 4 (§210.1505) Gifts, grants, donations$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown Transfer In – (§210.1505) From General Revenue p. 4$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 10 of 13 March 4, 2025 DD:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2032) Cost – AGO (§210.1505) p. 3Could exceed… Personal Service($123,333)($150,960)($153,979)($153,979) Fringe Benefits($75,752)($92,089)($93,299)($93,299) Exp. & Equip.($21,812)$0$0$0Training and anti- trafficking efforts(Unknown)(Unknown)(Unknown)(Unknown) Total Cost - AGOCould exceed ($220,897) Could exceed ($243,049) Could exceed ($247,278) Could exceed ($247,278) FTE Change - AGO 2 FTE2 FTE2 FTE2 FTE ESTIMATED NET EFFECT ON THE ANTI- TRAFFICKING FUND $0$0$0$0 Estimated Net FTE Change on the Anti- Trafficking Fund 2 FTE2 FTE2 FTE2 FTE FISCAL IMPACT – Local Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2032) $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. 3110H.02C Bill No. HCS for HB 1464 Page 11 of 13 March 4, 2025 DD:LR:OD FISCAL DESCRIPTION PROTECTION OF CHILDREN AND VULNERABLE PERSONS This bill replaces the term "child pornography" with "child sexual abuse material" throughout statute, but child pornography as it will have existed prior to the effective date of this legislation will still be subject to the provisions of the relevant statutes. The term "child sexual abuse material" now includes any anatomically correct doll, mannequin, or robot meant to resemble a minor under 18 years of age and intended to be used for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing or causing emotional distress to any person. The bill also establishes the "Statewide Council Against Adult Trafficking and Commercial Sexual Exploitation of Children" to replace the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children", which expired on December 31, 2023. The new council must be created within 30 days of August 28, 2025, is required to meet at least quarterly, and is within the Office of the Attorney General and the Attorney General or his or her designee will be the chair of the council. The members of the council are specified and include a member of the Senate appointed by the President Pro Tem of the Senate and a member of the House of Representatives appointed by the Speaker of the House of Representatives. The Council is also required to have an executive director, who must be appointed by the Attorney General and whose compensation will be set by the Attorney General. The bill creates the "Anti-Trafficking Fund", of which the State Treasurer will be the custodian and of which the Treasurer is required to approve disbursements as required by the Attorney General. Money in the fund will be used solely to pay for the position of the executive director of the statewide council, education and awareness regarding human trafficking, and antitrafficking efforts throughout the State. Currently, under certain circumstances, a statement made by a child under the age of 14 or a vulnerable person, or the visual and aural recording of a verbal or nonverbal statement of the child or vulnerable person, is admissible in evidence in criminal proceedings as substantive evidence to prove the truth of the matter asserted. This bill increases the age to a child under the age of 18 and amends the definition of "vulnerable person" to include a person whose developmental level does not exceed that of an ordinary child of 17 years of age, increased from 14 years of age. Currently, a person can file a cause of action to recover damages from injury or illness caused by sexual exploitation of a minor, the promotion of child sexual abuse material within the first or second degree, or the possession of child sexual abuse material, within 10 years of the plaintiff turning 21 years old or within three years of discovering the cause of the injury or illness. This bill changes that time frame to 20 years of the plaintiff turning 21 years old. L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 12 of 13 March 4, 2025 DD:LR:OD The bill authorizes a person to file a cause of action to recover damages from injury or illness caused by child sex trafficking within 20 years of the plaintiff turning 21 years old or within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by child sex trafficking. This bill allows a prosecuting or circuit attorney to request assistance from the Attorney General to assist in prosecution of child sex trafficking cases. The bill changes the age of a person upon whom a person commits the offense of sexual trafficking of a child in the first degree from under the age of 12 to under the age of 14. The term of imprisonment for this offense in the first degree remains life imprisonment, but the bill changes the offender's eligibility for probation or parole to 30 years served from the current 25. The bill specifies that the term of imprisonment for the offense of sexual trafficking of a child in the second degree when it is committed by a parent, legal guardian, or other person having custody or control of a child is "life imprisonment", which, in this instance, means for the duration of the person's natural life. Any real or personal property that was used, attempted to be used, or intended to be used to commit a certain unlawful sexual offense can be seized and remaining proceeds from the sale of the seized property owned by the defendant will be first allocated to pay an order of restitution to a victim of human trafficking and any remaining funds will be deposited into the Anti- Trafficking Fund. Currently, the offense of patronizing prostitution is a class D felony if the individual the person patronizes is 14 years of age or younger. This bill increases the penalty to a class B felony if the individual the person patronizes is 15 years of age or younger. 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 Commerce and Insurance Department of Corrections Department of Elementary and Secondary Education Department of Health and Senior Services Department of Mental Health Department of Natural Resources Department of Public Safety Department of Social Services Missouri Department of Conservation Missouri House of Representatives L.R. No. 3110H.02C Bill No. HCS for HB 1464 Page 13 of 13 March 4, 2025 DD:LR:OD Missouri Office of Prosecution Services Missouri Senate Office of Administration Office of the Governor Office of the State Courts Administrator Office of the State Public Defender Office of the State Treasurer City of Kansas City City of O’Fallon Phelps County Sheriff’s Department Branson Police Department Kansas City Police Department St. Louis County Police Department Washington School District Julie MorffJessica HarrisDirectorAssistant DirectorMarch 4, 2025March 4, 2025