COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1623S.09C Bill No.:SCS for HCS No. 2 for HB 495 Subject:Children And Minors; Civil Procedure; Courts; Courts, Juvenile; Crimes And Punishment; Criminal Procedure; Drugs And Controlled Substances; Drunk Driving/Boating; Education, Elementary And Secondary; Emergencies; Firearms; Immigration; Lakes, Rivers And Waterways; Law Enforcement Officers And Agencies; Motor Vehicles; Property, Real And Personal; Public Officers; Public Safety, Department Of; Saint Louis City; Sexual Offenses; Water Resources And Water Districts Type:Original Date:March 4, 2025Bill Summary:This proposal modifies provisions relating to public safety. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2034) General Revenue* Unknown to (Could exceed $554,335) Unknown to (Could exceed $826,135) Unknown to (Could exceed $1,263,394) Unknown to (Could exceed $4,830,322) Total Estimated Net Effect on General Revenue Unknown to (Could exceed $554,335) Unknown to (Could exceed $826,135) Unknown to (Could exceed $1,263,394) Unknown to (Could exceed $4,830,322) *Oversight notes the impact of this proposal includes implementation cost to DOR for updates to the Driver’s License Bureau, DOC incarceration costs and changes to liability claims eligible for payment under §105.711 paid by such boards on an equal share basis per claim, as well as the State taking ownership of contractual obligations of the SLPD (including liability). Oversight anticipates the positive unknown could exceed the $250,000 threshold. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 2 of March 4, 2025 NM:LR:OD ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2034) Highway Fund (0644)**$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown Legal Expense Fund (0692)*$0$0$0$0 Total Estimated Net Effect on Other State Funds$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown *Cost avoidance and reduction in contributions net to zero. **Oversight does not anticipate the reinstatement fees to exceed $250,000. Numbers within parentheses: () indicate costs or losses. ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2034) Total Estimated Net Effect on All Federal Funds $0$0$0$0 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 3 of March 4, 2025 NM:LR:OD ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2026FY 2027FY 2028Fully Implemented (FY 2034) General RevenueCould exceed 1 FTE Could exceed 2 FTE Could exceed 4 FTE Unknown FTE Total Estimated Net Effect on FTE Could exceed 1 FTE Could exceed 2 FTE Could exceed 4 FTE Unknown 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 2034) Local Government*/** More or Less than ($8,500,000) More or Less than ($8,500,000) More or Less than ($8,500,000) More or Less than ($8,500,000) *Oversight notes $8,500,000 represents an additional 121 uniformed patrol officers needed to reach the 1,313 uniformed patrol officers per §§84.100 & 84.150 of this proposal. **Offsetting loss to the City of St. Louis and an increase in funding to the St. Louis Police Department. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 4 of March 4, 2025 NM:LR:OD FISCAL ANALYSIS ASSUMPTION Oversight was unable to receive some of the agency responses in a timely manner due to the short fiscal note request time. Oversight has presented this fiscal note on the best current information that we have or on prior year information regarding a similar bill. Upon the receipt of agency responses, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval to publish a new fiscal note. §43.505 – Reporting of Immigration Status of Criminal Offenders Officials from the Missouri Highway Patrol (MHP) state the proposed changes to Section 43.505.3(2) would require modifications to the Crime Insight website that accepts and stores Missouri Incident Based Reporting System (MIBRS) information, in addition to updates to the MIBRS technical specifications for the system to accept the new data elements outlined in this proposal. To implement this type of data collection immediately, a manual entry option will need to be established. The Patrol MIBRS system is a vendor supported system and the estimated one time cost for these modifications is between $30,000-$40,000. The vendor cost is an estimate and may be adjusted based on the final scope of the project. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by the MHP. Officials from the Department of Corrections (DOC) assumed from this proposal that law enforcement agencies does not include the DOC, as DOC is noted separately in other sections of chapter 43. If it does include DOC, there will be an operational impact with providing this information to the Department of Public Safety. DOC anticipates this proposal will be no impact, as DOC has approximately 487 foreign born offenders. §§44.087, 300.100 & 304.022 - Law Enforcement Assistance from Another Jurisdiction & Siren Use for Emergency Vehicles In response to similar legislation from 2024, Perfected HB 1707, officials from the Department of Revenue, the Office of the State Courts Administrator and the St. Louis County Police 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 2023, Perfected HCS for HB 1015, officials from the St. Joseph Police Department organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 5 of March 4, 2025 NM:LR:OD §§84.012, 84.020, 84.030, 84.100, 84.150, 84.160, 84.170, 84.225, 84.325 & 105.726 – Board of Police Commissioners (St. Louis City Police Department) In response to a previous version, officials from the Office of Administration (OA) assumed §84.325 makes provisions for a board of police commissioners assuming control of a municipal police force. This bill contains language about the state taking responsibility and ownership of contractual and other lawful obligations of the municipal police department. This could have some fiscal impact for the State, but would be subject to judicial construction, so the impact is unknown. OA also assumes §105.726.3 adds the provision that reimbursement from the Legal Expense Fund (LEF) is on an equal share basis per claim up to a maximum of one million dollars per fiscal year. This change has the potential to avoid costs to the LEF. The maximum amount to be reimbursed remains unchanged with this legislation. The number of successful claims is unknown; therefore, the potential cost avoidance is also unknown. Oversight does not have any information contrary to that provided by OA. Therefore, Oversight will reflect OA’s potential unknown impact to the State Legal Expense Fund. Oversight notes the Legal Expense Fund is funded by the General Revenue Fund as well as other state funds. For simplicity, Oversight will show the cost avoidance to General Revenue. Oversight also assumes, if the state takes responsibility and ownership of contractual and other lawful obligations of the municipal police department, there could be an impact to the state. Oversight will reflect a potential unknown cost starting in FY 2027 assuming control is taken some time in FY 2026. In response to a previous version, officials from the City of St. Louis assumed the proposed legislation would seek to reverse the assumption of local control of the City Police department that became effective on September 1, 2013. Aside from various operational considerations, the proposed legislation contains several provisions that would increase the cost of operations of the department and thus have a negative fiscal impact on the City and its ability to fund the department. The legislation is unclear as to a proposed increase in staffing levels of the department. In one provision, the bill states that the number of patrolmen to be appointed shall not be less than 1,313. In a subsequent provision in the bill, the language establishes a maximum number of officers in the police force as follows: 76 commissioned officers at lieutenant and above; 200 commissioned officers at rank of sergeant; and 1,037 commissioned officers at the rank of patrolman (total of 1,313). This language appears to be in direct conflict with the forementioned requirement of no less than 1,313 patrolmen shall be appointed. (Oversight notes this is per §§84.100 & 84.150.) L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 6 of March 4, 2025 NM:LR:OD In the FY25 budget, the number of authorized uniformed positions (excluding trainees and grant funded positions) totaled 1,192. Assuming the 1,313 requirement total, this would be an increase of 121 in authorized uniformed positions. An increase of this level would cost approximately $8.5 million per year including pay and benefits. Despite the proposed legislation’s use of the words “shall employ” or “to be appointed”, the ability to actually fill such positions would remain questionable. In the latest version of the bill (08), the legislation would require the City to appropriate a minimum sum equal to 25% of the City’s general revenue to fund the police force governed by the Board of Police Commissioners with “pension and retirement costs” to be excluded from this calculation. Historically, while pension costs have always been appropriated to a separate police retirement board and therefore would not fall under the purview of a Board of Police Commissioners, health insurance costs for both active and retired employees have always been a part of the operating budget of the Department. This new language would seem to be excluding the retiree portion of health insurance payments from this calculation. There are other “retirement” related costs such as FICA and contributions to the civilian employee retirement system which are also part of the Police operating budget and could also be excluded under this proposed language. For the current FY25, the City of St. Louis’s general revenue budget is: $580,799,177 25% of this total would be: $145,199,794 The City’s total FY25 General Revenue appropriation for the police Department including City Marshals and Park Rangers is: $131,901,775 Less portion of operating budget for retiree health (and life) insurance ($14,176,904) Less portion of operating budget for FICA ($2,452,101) Less portion of operating budget for civilian pension contribution ($3,517,624) Net total operating budget $111,755,146 Difference between 25% total and Net total Operating budget: $ 33,444,648 Based upon FY25 figures, under this scenario, the City would be required to appropriate an additional $33,444,648 in order to satisfy the statutory requirement. These figures are based upon the current fiscal year’s budget and appropriation levels. Future increases may be substantially higher. The proposed legislation is also uncertain as to the impact of the assignment of debt and assets of the department. It proposes to “convey, assign and otherwise transfer to the board title and ownership of all indebtedness and assets ...held in the name of or controlled by the municipal police department.” Through the City’s Municipal Finance Corporation the City has existing debt in the form of Leasehold Revenue and Improvement Bonds for facilities of the Police Department. Assignment of these assets which serve as the security for these bonds may be a violation of the existing indenture agreement. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 7 of March 4, 2025 NM:LR:OD In addition, the proposed legislation would also remove existing civilian and uniform employees of the Police Department from the City’s civil service system. Under the civil service system these employees have certain rights of employment which would be no longer guaranteed under a state controlled board. The costs of any litigation stemming from this abrogation of employment rights cannot be determined. While the legislation proposes returning control of the Police Department to a state controlled Board of Police Commissioners, the legal liability coverage provided by the State remains limited and in no event would exceed $1 million per year in the aggregate. This is far less than the additional costs to be incurred as a result of other provisions in the bill. If this proposal is enacted and the State mandates that the City provide funding for a newly constituted police department operated under a state controlled board of police commissioners, it is possible court may find the law falls under the police funding exemption under Missouri Constitution, Article X, Section 21, commonly referred to as the Hancock Amendment. While the Hancock Amendment prevents the state from compelling municipalities to fund new or increased activities or services, in November 2022 voters approved a ballot initiative allowing the Missouri legislature to force municipalities to fund increases in police funding through December 31, 2026. Article I, Section 21, currently states the following: 1. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the general assembly or any state agency of counties or other political subdivisions, unless a state appropriation is made and disbursed to pay the county or other political subdivision for any increased costs. 2. Notwithstanding the foregoing prohibitions, before December 31, 2026, the general assembly may by law increase minimum funding for a police force established by a state board of police commissioners to ensure such police force has additional resources to serve its communities. It is possible that a Missouri court in 2023 or beyond would find that this language does compel the City of St. Louis to fund new activities or services pertaining to a newly constituted police department, at least through December 31, 2026. Litigation would determine the outcome of this expense and if the City or the State would need to absorb this cost. Oversight assumes the $33,444,648 represents additional funding that St. Louis City would transfer from their budget to the St. Louis City Metro Police Department (SLPD) to compile with the proposed 25% of St. Louis City’s GR to fund the police force governed by the board of police commissioners. Oversight assumes there would be a redistribution between St. Louis City and the SLPD from the additional funding that would net to zero. This redistribution could result in a loss to other services within St. Louis City’s budget. Therefore, Oversight will reflect a gain L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 8 of March 4, 2025 NM:LR:OD of funds to SLPD of the $33,444,648 and a loss of funds to St. Louis City that net to zero for this proposal. Oversight also assumes per §84.100 that the number of patrolmen to be appointed shall not be less than 1,313. St. Louis City states according to the FY25 budget, there are a total of 1,192 uniformed positions budgeted. St. Louis City states to meet the required 1,313 patrolmen positions, another 121 positions at a cost of $8.5 million would need to be added. Therefore, Oversight will reflect an additional cost to St. Louis City that is up to $8.5 million per fiscal year including pay and benefits for this proposal. In response to a previous version, officials from the Office of Administration - Budget and Planning (B&P) assumed §84.225 creates a $1,000 penalty for any mayor or city official who attempts to impede or hinder the Board of Commissioners. To the extent any related fines or penalties are deposited in the state treasury, TSR may be impacted. Section 84.325.2 and .3 l transfers certain assets, contractual obligations, indebtedness, and other lawful obligations from the St. Louis Police Department to the state. This expressly excludes any funds held by the city in the name of, for the benefit of, or for future contribution to any police pension system created under chapter 86. B&P does not have any information on what, if any, assets or obligations might be transferred. The state could risk picking up significant debt obligations. Oversight notes in §84.325, subdivisions 1 through 3, state on August 28, 2025, the Board of Police Commissioners shall assume control of any municipal police force established in any city not within a county, which, at this time, is only St. Louis City. Upon such assumption, any municipal police force within St. Louis City shall transfer to the Board title and ownership of all debts and assets, and the state shall accept responsibility, ownership, and liability as successor- in-interest for contractual obligations, debts, and other lawful obligations of the municipal police forces established in St. Louis City. §191.1005 – Property Owned and Used for the Possession or Control of a Controlled Substance Officials from the Department of Corrections (DOC) state if an individual or entity shall knowingly open, lease, rent, own a facility that allowing other people to self-administer pre- obtained controlled substances; He/she could be guilty of violating statue 579.015 as well. Violation of Statue 579.015 is class D felony for the offense of possession on any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid; It is a Class A misdemeanor if the possession is more than ten grams but less than thirty-five grams. It is a Class D misdemeanor if the possession is not more than ten grams. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class A and D misdemeanor. The offense resulting in a class D felony would be L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 9 of March 4, 2025 NM:LR:OD considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class D felony. For each new nonviolent class D felony, the department estimates three people could be sentenced to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5 years, of which 2.8 years could be served in prison with 1.7 years to first release. The remaining 2.2 years could be on parole. Probation sentences could be 3 years. The cumulative impact on the department is estimated to be 8 additional offenders in prison and 22 additional offenders on field supervision by FY 2030. C hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent) 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 0 0 0 0 0 0 0 0 0 0 A fter Legislation 3 3 3 3 3 3 3 3 3 3 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 5 5 5 5 5 5 5 5 5 5 C hange (After Legislation - Current Law) A dmissions 3 3 3 3 3 3 3 3 3 3 P robations 5 5 5 5 5 5 5 5 5 5 C umulative Populations P rison 3 6 8 8 8 8 8 8 8 8 P arole 0 0 1 4 7 7 7 7 7 7 P robation 5 1 0 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 I mpact P rison Population 3 6 8 8 8 8 8 8 8 8 F ield Population 5 1 0 1 6 1 9 2 2 2 2 2 2 2 2 2 2 2 2 P opulation Change 8 1 6 2 4 2 7 3 0 3 0 3 0 3 0 3 0 3 0 §211.141 – Point System for Detaining a Child In response to a previous version, officials from the Office of State Courts Administrator (OSCA) stated 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 2024, SB 1115, officials from the Department of Public Safety - Missouri Highway PatrolDepartment of Revenue, the Department of Social ServicesMissouri National Guard, the City of Kansas City, the Phelps County Sheriff’s Department, the Kansas City Police Department, and the St. Louis County Police Department each assumed the proposal will have no fiscal impact on their respective L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 10 of 37 March 4, 2025 NM: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. §§302.304, 302.440, 302.525 & 302.574 – Intoxication-Related Traffic Offenses In response to a previous version, officials from the Office of Administration - Budget and Planning stated these sections add additional language pertaining to ignition interlock devices. Failure to install these devices as ordered could result in penalties and/or fees as described in statute. Article IX, Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for violations of state law be distributed to the schools. To the extent any additional such revenues are deposited into the state treasury, TSR may increase. Officials from the Department of Revenue (DOR) assume the following regarding this proposal: Administrative Impact Driver License Bureau The Department currently requires the ignition interlock for any second or subsequent intoxicated-related enforcement contact (administrative and point accumulation actions) added to a driver’s record. This includes Administrative Alcohol suspensions and revocations; chemical refusals; point suspensions, and revocations; and any limited or restricted driving privileges granted to these offenders. This legislation is requiring the Department to add the ignition interlock device (IID) requirement to any person with a blood alcohol content .15% or more for a first time offense. This proposed legislation would require programming to the current Missouri driver license system, internally referred to as FUSION, to evaluate both administrative actions and convictions processed by the department and add the ignition interlock requirement to those actions even if there is not a prior alcohol-related enforcement contact to the drivers’ record if the blood alcohol content is .15% or more. This language is changing requirements for all restricted driving privileges (RDP) to have the ignition interlock installed before these privileges are issued. Currently, a sixty-day restricted privilege is issued without the ignition interlock requirement for first time offenders and are automatically generated systematically without the driver having to request one from the department. This would require multiple additions to existing MODL evaluation routines that exist today. This would also require the Department to revise all correspondence that is generated to the driver and notices issued roadside by law enforcement. In FY 2024, the department issued 2,553 sixty-day RDP’s for first time offenders. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 11 of 37 March 4, 2025 NM:LR:OD DOR records indicate that 13,125 records currently require the installation of an ignition interlock device for reinstatement monitoring or to comply with a court order. In FY 2024, DOR received 4,747 administrative alcohol cases that showed a blood alcohol content (BAC) of .15% or more as a first-time offense. Passage of this bill will add IID requirements and monitoring to approximately 7,300 additional records. Ignition interlock manufacturers are required by State Code of Regulations, 7 CSR 60-2, to submit all device status’ (installs, de-installs, and failure to maintain) and certification of completion of the monitoring period. The Department anticipates an increase of telephone inquiries, correspondence, and additional communications required between their office and the ignition interlock manufacturers to ensure the integrity of the data and meet the current department auditing processes. The department already answers approximately 32,000 calls a year regarding reinstatement requirements. The Department anticipates a significant increase in calls due to this proposed language. The impact to the Department is estimating a 50% increase in call volume; therefore, DOR is requesting one FTE to answer these additional telephone inquiries. If the increase is more significant than anticipated, additional FTE may be requested through the appropriations process. Telephone Inquiries A telephone operator is expected to process 60 telephone inquiries daily. 32,000 Current call volume for reinstatement requirements x 50% Percent which will generate telephone inquiries 16,000 Telephone inquiries received per year / 252 Work days per year 63 Telephone inquiries received per day / 60 Telephone inquiries processed per day 1.05 1 FTE needed to answer telephone inquiries Total of 1 Customer Service Representative ($3,536 month) FY2026: $35,360 (10 months) FY2027: $42,432 yearly salary FY2028: $42,432 yearly salary To implement the proposed legislation, the Department will: • Complete programming and user acceptance testing of FUSION for the new evaluation for ignition interlock requirement for first time offenders based on .15% BAC or higher; • Evaluate conviction routines; • Update interactive applications for automated responses to customers through telephone system (current vendor Genesys) or online (DORA); L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 12 of 37 March 4, 2025 NM:LR:OD • Update the Department website; • Update forms, correspondence and procedures; • Update the Missouri Driver Guide; and • Provide training to team members FY 2026 – Driver License Bureau (testing of forms and website updates) Research/Data Analyst 1,300 hrs. @ $28.75 per hr. = $37,375 Research/Data Assistant 1,300 hrs. @ $19.29 per hr. = $25,077 Administrative Manager 1,000 hrs. @ $31.21 per hr. = $31,210 Total = $93,662 FY 2026 – Personnel Services Bureau (forms and website updates) Associate Research/Data Analyst 336 hrs. @ $23.04 per hr. = $7,741 Oversight assumes DOR will use existing staff and will only hire the one additional FTE to conduct these activities; therefore, Oversight will only reflect the cost for the additional FTE as DOR has indicated on the fiscal note. FUSION Impact Implementation Consultant 300 hrs. @ $225 per hr. = $67,500 Total= $168,903 §304.012.2 Oversight does not have information to the contrary and therefore, Oversight will reflect the implementation consultant costs as provided by DOR. §§304.012, 304.145, 556.061, 566.210, 566.211, 568.045, 569.151, 569.170, 569.175, 570.030, 574.045, 574.050, 575.133, 575.150 & 576.030 – Various Crimes Officials from the Department of Corrections (DOC) state the following: §§304.012 & 304.145 – Stunt Driving Section 304.145 creates definitions and penalties relating to street racing. Violation of this section is a class A misdemeanor for the first offense, a class E felony for a second offense, and a class D felony for a third or subsequent offense. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class A misdemeanor. The offense resulting in a class E and D felony would be considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class E and D felony for this section. 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 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 13 of 37 March 4, 2025 NM:LR:OD 3.4 years, of which 2.1 years could be served in prison with 1.4 years to first release. The remaining 1.3 years could be on parole. Probation sentences could be 3 years. The cumulative impact on the department is estimated to be 2 additional offenders in prison and 7 additional offenders on field supervision by FY 2028. For each new nonviolent class D felony, the department estimates three people could be sentenced to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5 years, of which 2.8 years could be served in prison with 1.7 years to first release. The remaining 2.2 years could be on parole. Probation sentences could be 3 years. The cumulative impact on the department is estimated to be 8 additional offenders in prison and 22 additional offenders on field supervision by FY 2030. C hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent) 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 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 C hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent) 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 0 0 0 0 0 0 0 0 0 0 A fter Legislation 3 3 3 3 3 3 3 3 3 3 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 5 5 5 5 5 5 5 5 5 5 C hange (After Legislation - Current Law) A dmissions 3 3 3 3 3 3 3 3 3 3 P robations 5 5 5 5 5 5 5 5 5 5 C umulative Populations P rison 3 6 8 8 8 8 8 8 8 8 P arole 0 0 1 4 7 7 7 7 7 7 P robation 5 1 0 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 I mpact P rison Population 3 6 8 8 8 8 8 8 8 8 F ield Population 5 1 0 1 6 1 9 2 2 2 2 2 2 2 2 2 2 2 2 P opulation Change 8 1 6 2 4 2 7 3 0 3 0 3 0 3 0 3 0 3 0 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 14 of 37 March 4, 2025 NM:LR:OD In response to a previous version, officials from the Office of Administration - Budget and Planning assumed these sections create new penalties for certain dangerous maneuvers performed while operating a vehicle. To the extent any related fines or penalties are deposited into the state treasury, total state revenue could increase. §§556.061 & 568.045 – Endangering the Welfare of a Child in the First Degree DOC state the bill adds “endangering the welfare of a child in the first degree, rioting when punished as a class A or B felony, bus hijacking when punished as a class A felony, planting a bomb or explosive in or near a bus or terminal” to the list of sentences defined as dangerous felonies in section 556.061. This introduces the requirement that any new court commitment or probation revocation to prison on a sentence under sections 568.045, 574.050, 577.703, 577.706, 578.305 and 578.310 will serve at least 85% of the term of those sentences in prison prior to release when sentenced as described above. From FY2022 to FY2024, there have been no new court commitments or probation revocations under sections 574.050, 577.703, 577.706 and 578.305. There were 101 new court commitments and 54 probation revocations to prison under section 568.045 in FY 2024. The average length of the sentence cycles for these offenders (after taking into account designations of concurrent and consecutive terms) was 11.1 years, with the expected average time to first release from prison being 4.6 years under current legislation and 7.3 years under the proposed legislation. The cumulative estimated impact is an additional 295 people in prison and 295 fewer people on community supervision by FY 2034. §566.210 – Sexual Trafficking of a Child in the First Degree L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 15 of 37 March 4, 2025 NM:LR:OD DOC state the bill changes language in section 566.210 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. §566.211 – Sexual Trafficking of a Child in the Second Degree DOC state the bill changes language in section 566.211 to extend minimum prison term from 10 to 25 years for sentences on the offense of sexual trafficking of a child in the second degree, and extend the term of imprisonment prior to parole eligibility from 25 to 30 years when it involves the use of force, abduction, or coercion. There were eight people sentenced under section 566.211 in FY 2024. Given the minimum prison term for these sentences are already set at 10 years, this change would not start to have an impact on the department for 10 years from the effective date. Therefore, given the 10-year time frame for this response, DOC assumes no impact for this reporting period. Oversight notes OSCA reported the following number of guilty convictions in 2020 – 2024: 2020 2021 2022 2023 2024 §566.210 0 0 1 0 0 §566.211 1 1 2 3 9 §568.045 – Fentanyl or Carfentanil with Endangering the Welfare of a Child DOC notes the bill adds language in section 568.045 specific to the involvement of fentanyl or carfentanil in an offense of endangering the welfare of a child in the first degree. The penalty for this offense is considered as a new class B felony without the possibility of probation and a minimum prison term requirement of 85% of the length the sentence. As these are new crimes, there is little direct data on which to base an estimate, and as such, the department estimates an impact comparable to the creation of a new class B felony. Given the seriousness of class B felony offenses and 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. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 16 of 37 March 4, 2025 NM:LR:OD §569.151 – Trespassing in the Third Degree DOC states as misdemeanors fall outside the purview of DOC, this section will have no impact on the DOC. §§569.170 and 569.175 – Offenses involving motor vehicles 569.170 The bill creates a new class D felony when a person unlawfully enters into a motor vehicle with the intent to commit any felony or theft, and a class C felony when the burglary is committed with the possession of a firearm. For each new nonviolent class D felony, the department estimates three people could be sentenced to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5 years, of which 2.8 years could be served in prison with 1.7 years to first release. The remaining 2.2 years could be on parole. Probation sentences could be 3 years. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 17 of 37 March 4, 2025 NM:LR:OD For each new class C felony, the department estimates four people could be sentenced to prison and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7 years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be on parole. Probation sentences could be 3 years. 569.175 The bill creates a new non-violent class E felony when unlawfully gaining entry into a motor vehicle. 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 could be served in prison with 1.4 years to first release. The C hange in prison admissions and probation openings with legislation-Class D Felony (nonviolent) 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 0 0 0 0 0 0 0 0 0 0 A fter Legislation 3 3 3 3 3 3 3 3 3 3 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 5 5 5 5 5 5 5 5 5 5 C hange (After Legislation - Current Law) A dmissions 3 3 3 3 3 3 3 3 3 3 P robations 5 5 5 5 5 5 5 5 5 5 C umulative Populations P rison 3 6 8 8 8 8 8 8 8 8 P arole 0 0 1 4 7 7 7 7 7 7 P robation 5 1 0 1 5 1 5 1 5 1 5 1 5 1 5 1 5 1 5 I mpact P rison Population 3 6 8 8 8 8 8 8 8 8 F ield Population 5 1 0 1 6 1 9 2 2 2 2 2 2 2 2 2 2 2 2 P opulation Change 8 1 6 2 4 2 7 3 0 3 0 3 0 3 0 3 0 3 0 C hange in prison admissions and probation openings with legislation-Class C Felony 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 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 6 6 6 6 6 6 6 6 6 6 C hange (After Legislation - Current Law) A dmissions 4 4 4 4 4 4 4 4 4 4 P robations 6 6 6 6 6 6 6 6 6 6 C umulative Populations P rison 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 P arole 0 0 0 1 5 9 1 3 1 3 1 3 1 3 P robation 6 1 2 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 I mpact P rison Population 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 F ield Population 6 1 2 1 8 1 9 2 3 2 7 3 1 3 1 3 1 3 1 P opulation Change 1 0 2 0 3 0 3 4 3 8 4 2 4 6 4 6 4 6 4 6 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 18 of 37 March 4, 2025 NM:LR:OD remaining 1.3 years could be on parole. Probation sentences could be 3 years. The cumulative impact on DOC is estimated to be 2 additional offenders in prison and 7 additional offenders on field supervision by FY 2028. 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 §570.030 - Stealing DOC states this section expands the criteria of committing the offense of stealing, It adds a new class B felony for a person whom appropriates property is part of organized retail theft, and the value of the property taken, combined with any property damage inflicted in such theft, more than ten thousand dollars. 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 serve, on average, 3.4 years in prison prior to first release. The department assumes one third of the remaining sentence length could be served in prison as a parole return, and the rest of the sentence could be served on supervision in the community. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 19 of 37 March 4, 2025 NM:LR:OD C hange in prison admissions and probation openings with legislation-Class B Felony 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 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 It also added a new Class C felony for a person whom appropriates property is part of organized retail theft, and the value of the property taken, combined with any property damage inflicted in such theft, is seven hundred fifty dollars or more but less than ten thousand dollars. For each new class C felony, the department estimates four people could be sentenced to prison and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7 years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be on parole. Probation sentences could be 3 years. C hange in prison admissions and probation openings with legislation-Class C Felony 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 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 6 6 6 6 6 6 6 6 6 6 C hange (After Legislation - Current Law) A dmissions 4 4 4 4 4 4 4 4 4 4 P robations 6 6 6 6 6 6 6 6 6 6 C umulative Populations P rison 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 P arole 0 0 0 1 5 9 1 3 1 3 1 3 1 3 P robation 6 1 2 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 I mpact P rison Population 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 F ield Population 6 1 2 1 8 1 9 2 3 2 7 3 1 3 1 3 1 3 1 P opulation Change 1 0 2 0 3 0 3 4 3 8 4 2 4 6 4 6 4 6 4 6 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 20 of 37 March 4, 2025 NM:LR:OD In response to a previous version, officials from the Office of Administration - Budget and Planning assumed §§569.151, 569.170, 569.175 & 570.030 establish new penalties for theft, crimes in or against retail establishments, and tampering with vehicles. Article IX, Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for violations of state law be distributed to the schools. To the extent any additional such revenues are deposited into the state treasury, TSR may increase. 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 changes to Sections 569.170 and 569.175 would take approximately 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 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. In response to similar legislation from 2024, HB 1510, officials from the Office of the State Courts Administrator Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. §574.045 – Unlawful Traffic Interference DOC states this section creates the offense of unlawful traffic interference. Unlawful traffic interference is an infraction, unless it is a second offense, in which case it is a class A misdemeanor. Any third or subsequent offense is a class E felony. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class ¬A misdemeanor. The offense resulting in a class E felony would be considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class E felony. 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 could be served in prison with 1.4 years to first release. The remaining 1.3 years could be on parole. Probation sentences could be 3 years. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 21 of 37 March 4, 2025 NM:LR:OD §574.050 - Rioting DOC states Section 574.050 modifies the definition of rioting and modifies the penalty for rioting from a class A misdemeanor to a class D felony and makes a second or subsequent conviction of rioting a class C felony. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class A misdemeanor. The offense resulting in a class D and C felony would be considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class D and C felony for this section. For each new nonviolent class D felony, the department estimates three people could be sentenced to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5 years, of which 2.8 years could be served in prison with 1.7 years to first release. The remaining 2.2 years could be on parole. Probation sentences could be 3 years. The cumulative impact on the department is estimated to be 8 additional offenders in prison and 22 additional offenders on field supervision by FY 2030. C hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent) 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 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. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 22 of 37 March 4, 2025 NM:LR:OD For each new class C felony, the department estimates four people could be sentenced to prison and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7 years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be on parole. Probation sentences could be 3 years. In response to a previous version, officials from the Office of Administration - Budget and Planning (BAP) assumed §574.050 modifies the offense of rioting by changing the definition and increasing the penalty from a Class A misdemeanor to a Class D felony. Subsequent convictions would be Class C felonies. A Class A misdemeanor carries a prison term of up to one year and a fine of $2,000 while a Class D felony carries a prison term of up to seven years and a fine up to $10,000. A Class C felony confers a 3-10 year prison sentence and a fine of up C hange in prison admissions and probation openings with legislation-Class C Felony 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 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 6 6 6 6 6 6 6 6 6 6 C hange (After Legislation - Current Law) A dmissions 4 4 4 4 4 4 4 4 4 4 P robations 6 6 6 6 6 6 6 6 6 6 C umulative Populations P rison 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 P arole 0 0 0 1 5 9 1 3 1 3 1 3 1 3 P robation 6 1 2 1 8 1 8 1 8 1 8 1 8 1 8 1 8 1 8 I mpact P rison Population 4 8 1 2 1 5 1 5 1 5 1 5 1 5 1 5 1 5 F ield Population 6 1 2 1 8 1 9 2 3 2 7 3 1 3 1 3 1 3 1 P opulation Change 1 0 2 0 3 0 3 4 3 8 4 2 4 6 4 6 4 6 4 6 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 23 of 37 March 4, 2025 NM:LR:OD to $10,000. To the extent additional fines are deposited into the state treasury, total state revenue could increase. §575.133 – Nonconsensual Common Law Lien DOC states this section enhances the offense of filing a nonconsensual common law lien to a class A misdemeanor for second offenses. Any third or subsequent offense of filing a nonconsensual common law lien is a class E felony. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class A misdemeanor. The offense resulting in a class E felony would be considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class E felony. 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 could be served in prison with 1.4 years to first release. The remaining 1.3 years could be on parole. Probation sentences could be 3 years. In response to a previous version, BAP assumed §575.133 enhances the penalties for filing a nonconsensual common law lien for repeat offenders. Article IX, Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for violations of state law be distributed to the schools. To the extent any additional such revenues are deposited into the state treasury, TSR may increase. §575.150 – Impounding Vehicles upon resisting arrest or fleeing a stop In response to a previous version, BAP assumed §575.150 requires vehicles to be impounded if C hange in prison admissions and probation openings with legislation-Class E Felony (nonviolent) 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 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. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 24 of 37 March 4, 2025 NM:LR:OD they were used to resist arrest or to flee a stop. Article IX, Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for violations of state law be distributed to the schools. To the extent any additional such revenues are deposited into the state treasury, TSR may increase. §576.030 – Obstructing Government Operations DOC states this section enhances the offense of obstructing government operations from a class B misdemeanor to a class A misdemeanor, and a class E felony if the person uses violence, force, or other physical interference or obstacle. As misdemeanors fall outside the purview of DOC, there is no impact to DOC for the offense resulting in the class ¬A misdemeanor. The offense resulting in a class E felony would be considered a new crime. As there is little direct data on which to base an estimate, the department estimates an impact comparable to the creation of a new class E felony. 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 could be served in prison with 1.4 years to first release. The remaining 1.3 years could be on parole. Probation sentences could be 3 years. In response to a previous version, BAP assumed §576.030 enhances the penalties for obstructing government operations. Article IX, Section 7 of the Missouri Constitution requires that penalties, forfeitures, and fines collected for violations of state law be distributed to the schools. To the extent any additional such revenues are deposited into the state treasury, TSR may increase. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 25 of 37 March 4, 2025 NM:LR:OD §577.150 – Tampering with a Water Supply DOC states this section enhances the offense of tampering with a water supply to a class E felony. Given there have been no convictions under either subdivision (1) or (2) in this section from FY2022 to FY2024, DOC estimates no impact from this section. Combined Cumulative Estimated Impact of HB 495 (1623H.08C) The combined cumulative estimated impact on the department is 395 additional offenders in prison and 74 fewer offenders on field supervision by FY 2034. 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 55 1 55 1 55 1 55 1 55 1 55 1 55 1 55 1 55 1 55 A fter Legislation 1 86 1 86 1 86 1 86 1 86 1 86 1 86 1 86 1 86 1 86 P robation C urrent Law 0 0 0 0 0 0 0 0 0 0 A fter Legislation 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 C hange (After Legislation - Current Law) A dmissions 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 3 1 P robations 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 4 8 C umulative Populations P rison 3 1 6 2 8 4 9 5 9 7 9 8 1 46 3 02 3 95 3 95 P arole 0 0 9 2 4 4 8 6 1 2 7 - 127 - 218 - 218 P robation 4 8 9 6 1 44 1 44 1 44 1 44 1 44 1 44 1 44 1 44 I mpact P rison Population 3 1 6 2 8 4 9 5 9 7 9 8 1 46 3 02 3 95 3 95 F ield Population 4 8 9 6 1 53 1 68 1 92 2 05 1 71 1 7 - 74 - 74 P opulation Change 7 9 1 58 2 37 2 63 2 89 3 03 3 17 3 19 3 21 3 21 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 26 of 37 March 4, 2025 NM: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 131($10,485)($270,862)0$048($270,862)Year 262($10,485)($663,071)1($93,950)96($757,020)Year 384($10,485)($916,321)3($276,892)153($1,193,213)Year 495($10,485)($1,057,042)3($262,805)168($1,319,847)Year 597($10,485)($1,100,881)3($265,599)192($1,366,481)Year 698($10,485)($1,134,475)4($367,114)205($1,501,589)Year 7146($10,485)($1,723,939)3($271,290)171($1,995,229)Year 8302($10,485)($3,637,275)0$017($3,637,275)Year 9395($10,485)($4,852,511)(1)$92,370(74)($4,760,140)Year 10395($10,485)($4,949,561)(1)$93,357(74)($4,856,204) * 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 caseload figure for that specific type of offender to calculate cost increases/decreases. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 27 of 37 March 4, 2025 NM:LR:OD Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by the DOC. Officials from the Department of Revenue (DOR) assume the following: Administrative Impact DOR anticipates convictions received under these new violations would be considered moving violations and assess points. The proposed language does not define points to be applied to the driver record, so DOR anticipates assessing based on prior standards, which is two points for any misdemeanor conviction, and twelve points for any felony conviction. To implement the proposed legislation, DOR will be required to: • Complete programming and user acceptance testing of FUSION to develop new conviction codes and map the new codes to charge codes and AAMVA ACD codes; • Work with the Office of State Court Administrators (OSCA) to develop new charge codes to correspond with the new violations; • Update FUSION point suspension and revocation evaluation routines; • Test programs for inbound and outbound conviction processing and driver history eligibility evaluations; • Update interactive applications for automated responses to customers through telephone system (current vendor Genesys) or online (DORA); • Update the Department website; • Update forms, letters and procedures; and • Update the Missouri Driver Guide. FY 2026 – Driver License Bureau Research/Data Analyst 400 hrs. x $28.75 per hr. = $11,500 Research/Data Assistant 400 hrs. x $19.29 per hr. = $ 7,716 Administrative Manager 200 hrs. x $31.21 per hr. = $ 6,242 Total = $25,458 FY2026- Strategy and Communications Office Associate Research/Data Analyst 80 hrs. x $23.04 per hr. = $1,843 Research/Data Assistant 40 hrs. x $19.29 per hr. = $ 772 Total = $2,615 FY 2026 – System Impact FUSION programming 400 hrs. x $225.00 per hr. = $90,000 Total: $118,073 Revenue Impact The proposed legislation may result in an unknown increase of reinstatement fees associated with the point accumulation actions added to records. DOR is unable to estimate the amount of L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 28 of 37 March 4, 2025 NM:LR:OD potential revenue increase. Reinstatement Fees collected are distributed 75% Highway Fund, 15% Cities, and 10% Counties. Oversight does not have information to the contrary and therefore, Oversight will reflect the estimates as provided by DOR. Oversight assumes the additional hours needed in DOR’s response is for existing staff. Officials from the Office of the State Public Defender (SPD) state according to the National Public Defense Workload Study, each of the new charges contemplated by the changes to Sections 191.1005, 304.012, 304.022, 304.145, 568.045, 569.170,569.175, 570.020, 574l.045, 574.050, 575.133, 575.150, and 577.150 could take up to 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. Oversight will show an unknown cost for the SPD for additional FTE to handle the increased caseload. §455.095 – Repeals Sunset Regarding Electronic Monitoring In response to similar legislation from this year, SB 603, officials from the Department of Corrections and the Missouri Highway Patrol 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. §513.605 – Criminal Activity Forfeiture Act Oversight assumes this section is codifying section 577.690 in statute. In response to similar legislation from this year, SB 137, Oversight assumes no fiscal impact from this proposal. Responses regarding the proposed legislation as a whole Officials from the Department of Social Services (DSS) state any creation of a crime or modification of offense provisions in this legislation would potentially increase the number of youth committed to the Division of Youth Services. It is difficult to predict whether that number will be minimal or substantial and what fiscal impact may occur. Juvenile Office and judicial discretion would play into each individual youth’s case, making the impact more difficult to calculate. The fiscal impact is unknown but potential significant. Oversightassumes the Department of Social Services could absorb any increase with current staff and funding levels. However, if additional duties require increased staffing, the DSS may request additional funding through the appropriations process. L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 29 of 37 March 4, 2025 NM:LR:OD Officials from the Office of the Governor stated this bill adds to the Governor’s current load of appointment duties. Individually, additional requirements should not fiscally impact the Office of the Governor. However, the cumulative impact of additional appointment duties across all enacted legislation may require additional resources for the Office of the Governor. 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 Administration - Administrative Hearing Commission, Department of Commerce and Insurance, the Department of Elementary and Secondary Education, Department of Health and Senior Services, the Department of Mental Health, the Department of Natural Resources, the Department of Labor and Industrial Relations, the Department of Public Safety (Fire Safety, Office of the Director, Gaming Commission, Veterans’ Commission), the Missouri Ethics Commission, the Missouri Department of Transportation, the Office of the State Auditor, the Missouri House of Representatives, the Joint Committee on Administrative Rules, the Joint Committee on EducationLegislative Research, the Oversight Division, the Missouri Office of Prosecution Services, Missouri Department of Conservation, Missouri Department of Agriculture Joint Committee on Public Employee Retirement, the Missouri Senate, the Missouri Consolidated Health Care Plan, the State Tax Commission, Office of the Lieutenant Governor and the Missouri State Employee's Retirement System 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. In response to a previous version, officials from the Department of Economic Development, the Department of Public Safety (Division of Alcohol and Tobacco Control, Capitol Police, State Emergency Management Agency), the Missouri National Guard, the MoDOT & Patrol Employees’ Retirement System, the Petroleum Storage Tank Insurance Fund, the Office of the State Treasurer, the University of Missouri System, Kansas City, O’Fallon, the Phelps County Sheriff’s Office, the Branson Police Department, the Kansas City Police Department, and the Missouri Lottery Commission, 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 a previous version, officials from the Office of the Secretary of State (SOS) noted many bills considered by the General Assembly include provisions allowing or requiring agencies to submit rules and regulations to implement the act. The SOS is provided with core L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 30 of 37 March 4, 2025 NM:LR:OD funding to handle a certain amount of normal activity resulting from each year's legislative session. The fiscal impact for this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and does not expect that additional funding would be required to meet these costs. However, the SOS also recognizes that many such bills may be passed by the General Assembly in a given year and that collectively the costs may be in excess of what the office can sustain with its core budget. Therefore, the SOS reserves the right to request funding for the cost of supporting administrative rules requirements should the need arise based on a review of the finally approved bills signed by the governor. Oversight only reflects the responses received from state agencies and political subdivisions; however, other cities, counties, local law enforcement agencies, nursing homes, hospitals, the St. Louis Police Retirement System and school districts 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 2034) GENERAL REVENUECosts – MHP – modifications to website and updates to system §43.505 p. 4 Less than ($40,000)$0$0$0 Costs – OSCA – potential increase in caseload §211.141 p. 9 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Costs – SPD – additional FTE(s) for increased caseload (various sections) p. 27 (Unknown)(Unknown)(Unknown)(Unknown) FTE ChangeUnknownUnknownUnknownUnknownCosts – DOR §§302.304, 302.440, 302.525 & 302.574 p. 11-12 Could exceed Personnel Service($29,467)($36,067)($36,789)($36,789) Fringe Benefits($24,970)($30,248)($30,537)($30,537) Expense & Equipment($3,463)($2,799)($2,855)($2,855)Total Costs - DOR($57,900)($69,114)($70,181)($70,181)FTE Change1 FTE1 FTE1 FTE1 FTECost – DOR – Fusion implementation consultant p. 12($67,500)$0$0$0 L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 31 of 37 March 4, 2025 NM:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2034) Costs – DOC (various sections) – increase in incarcerations p. 25($270,862)($663,071)($916,321)($4,852,511) Costs/Savings – DOC (various sections) p. 25 Personnel Service$0($47,303)($143,328)$50,715 Fringe Benefits$0($34,909)($105,774)$37,427 Expense & Equipment$0($11,738)($27,790)$4,228Total Costs - DOC$0($93,950)($276,892)$92,370FTE Change0 FTE1 FTE3 FTE(1 FTE)Costs – DOR §§304.012 & 304.145 – various updates pg. 27 Driver License Bureau Personnel Service($25,458)$0$0$0 Strategy & Communications Office Personnel Service($2,615)$0$0$0 FUSION programming($90,000)$0$0$0Total Costs - DOR($118,073)$0$0$0Cost Avoidance – OA (§105.726) Reduction in the amount of claims paid (equal share basis compared to current law) pg. 5-8 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown Costs – OA (§84.325) taking ownership of contractual obligations of the SLPD (including liability) pg. 5-8 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) ESTIMATED NET EFFECT ON GENERAL REVENUE Unknown to (Could exceed $554,335) Unknown to (Could exceed $826,135) Unknown to (Could exceed $1,263,394) Unknown to (Could exceed $4,830,322) L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 32 of 37 March 4, 2025 NM:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2034) Estimated Net FTE Change on General Revenue Could exceed 1 FTE Could exceed 2 FTE Could exceed 4 FTE Unknown FTE HIGHWAY FUND (0644)Revenue – DOR – increase in reinstatement fees associated with point accumulation actions added to records at 75% §§304.012 & 304.145 pg. 27 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown ESTIMATED NET EFFECT ON HIGHWAY FUNDS (0644) $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown LEGAL EXPENSE FUND (0692) Costs - (§84.325) taking ownership of contractual obligations of the SLPD (including liability) p. 5-8 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) Transfer In – (§84.325) from General Revenue - taking ownership of contractual obligations of the SLPD (including liability) p. 5-8 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown Cost Avoidance – OA (§105.726) Reduction in the amount of claims paid (equal share basis compared to current law) pg. 5-8 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 33 of 37 March 4, 2025 NM:LR:OD FISCAL IMPACT – State Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2034) Loss - (§105.726) Reduction in the amount of funds received by General Revenue due to reduced claims costs pg. 5-8 $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. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 34 of 37 March 4, 2025 NM:LR:OD FISCAL IMPACT – Local Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2034) LOCAL POLITICAL SUBDIVISIONS Revenue - DOR - increase in reinstatement fees associated with point accumulation actions added to records at 25% (15% Cities/10% Counties) §§304.012 & 304.145 pg. 27 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown Cost Avoidance – (§84.325) St. Louis City - from the State taking ownership of contractual obligations of the SLPD (including liability) pg. 5-8 $0 to Unknown $0 to Unknown $0 to Unknown $0 to Unknown Cost – (§84.100) – increase in salary and benefits to add 121 additional patrolmen pg. 5-8 (Up to $8,500,000) (Up to $8,500,000) (Up to $8,500,000) (Up to $8,500,000) Gain – SLPD – additional funding of 25% of City’s GR to police force governed by Board of Police §84.160 p. 5-8 More or Less than $33,444,648 More or Less than $33,444,648 More or Less than $33,444,648 More or Less than $33,444,648 Loss – St. Louis City – (§84.160) additional funding needed to fund 25% of the SLPD p. 5-8 (More or Less than $33,444,648) (More or Less than $33,444,648) (More or Less than $33,444,648) (More or Less than $33,444,648) Cost – (§105.726) St. Louis City – cost increase due to the reduction in the amount of claims paid by the State LEF (equal share basis compared to current law) pg.5-8 $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) $0 to (Unknown) L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 35 of 37 March 4, 2025 NM:LR:OD FISCAL IMPACT – Local Government FY 2026 (10 Mo.) FY 2027FY 2028Fully Implemented (FY 2034) ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS More or Less than ($8,500,000) More or Less than ($8,500,000) More or Less than ($8,500,000) More or Less than ($8,500,000) FISCAL IMPACT – Small Business Small ignition interlock manufacturers and installers could be impacted as a result of this proposal due to the potential increase in ignition interlocks required for §§302.304, 302.440, 302.525 & 302.574. FISCAL DESCRIPTION This proposal modifies provisions relating to public safety. 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 St. Louis City Office of Administration Administrative Hearing Commission Office of the Commissioner Budget and Planning Department of Corrections Office of the State Public Defender Attorney General’s Office Department of Natural Resources Department of Labor and Industrial Relations Department of Public Safety Office of the Director Division of Alcohol and Tobacco Control Capitol Police Fire Safety Missouri Gaming Commission Missouri Highway Patrol Missouri Veterans Commission State Emergency Management Agency L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 36 of 37 March 4, 2025 NM:LR:OD Department of Commerce and Insurance Department of Economic Development Department of Elementary and Secondary Education Department of Higher Education and Workforce Development Department of Health and Senior Services Department of Mental Health Joint Committee on Administrative Rules Department of Social Services Office of the Governor Missouri Department of Agriculture Missouri Department of Conservation Missouri Ethics Commission MoDOT & Patrol Employees’ Retirement System Missouri Department of Transportation Missouri National Guard Petroleum Storage Tank Insurance Fund University of Missouri System Kansas City O’Fallon Phelps County Sheriff’s Office Branson Police Department Kansas City Police Department Office of the State Auditor Missouri House of Representatives Joint Committee on Education Joint Committee on Public Employee Retirement Legislative Research Oversight Division Missouri Senate Missouri Lottery Commission Missouri Consolidated Health Care Plan Missouri Office of Prosecution Services Missouri State Employee's Retirement System State Tax Commission Office of the Secretary of State Office of the State Courts Administrator Department of Revenue St. Louis County Police Department L.R. No. 1623S.09C Bill No. SCS for HCS No. 2 for HB 495 Page 37 of 37 March 4, 2025 NM:LR:OD St. Joseph Police Department Office of the Secretary of State Office of the State Treasurer Julie MorffJessica HarrisDirectorAssistant DirectorMarch 4, 2025March 4, 2025