Missouri 2025 2025 Regular Session

Missouri Senate Bill SB119 Introduced / Fiscal Note

Filed 01/30/2025

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1314S.01I Bill No.:SB 119  Subject:Abortion; Crimes and Punishment; Drugs and Controlled Substances; Health Care Type:Original  Date:January 30, 2025Bill Summary:This proposal creates provisions relating to the possession and delivery of 
abortifacient drugs. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND 
AFFECTED
FY 2026FY 2027FY 2028Fully 
Implemented 
(FY 2031)
General RevenueCould exceed 
($69,900)
Could exceed 
($171,115)
Could exceed 
($261,806)
Could exceed 
($445,973)
Total Estimated 
Net Effect on 
General 
Revenue
Could exceed 
($69,900)
Could exceed 
($171,115)
Could exceed 
($261,806)
Could exceed 
($445,973)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND 
AFFECTED
FY 2026FY 2027FY 2028Fully 
Implemented 
(FY 2031)
Total Estimated 
Net Effect on 
Other State 
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1314S.01I 
Bill No. SB 119  
Page 2 of 
January 30, 2025
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND 
AFFECTED
FY 2026FY 2027FY 2028Fully 
Implemented 
(FY 2031)
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 2031)
General Revenue0 FTE0 FTE0 FTE1 FTETotal Estimated 
Net Effect on 
FTE 0 FTE0 FTE0 FTE1 FTE
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any  
     of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
     the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND 
AFFECTED
FY 2026FY 2027FY 2028Fully 
Implemented 
(FY 2031)
Local 
Government$0$0$0$0
FISCAL ANALYSIS L.R. No. 1314S.01I 
Bill No. SB 119  
Page 3 of 
January 30, 2025
DD:LR:OD
ASSUMPTION
§579.017 – Abortifacient drugs
Officials from the Department of Corrections (DOC) state this proposal creates provisions 
relating to the possession and delivery of abortifacient drugs. Section 579.017 creates the 
offenses of possession of abortifacient drugs, a class C felony, and delivery of abortifacient 
drugs, a class C felony.  
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 two new class C felonies. 
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 will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on 
parole. Probation sentences will be 3 years. 
The cumulative impact on the department is estimated to be 30 additional offenders in prison and 
54 additional offenders on field supervision by FY 2031.
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
8 8 8 8 8 8 8 8 8 8
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
hange (After Legislation - Current Law)
A
dmissions
8 8 8 8 8 8 8 8 8 8
P
robations
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
umulative Populations
P
rison
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
P
arole
0 0 0 2 1
0
1
8
2
6
2
6
2
6
2
6
P
robation
1
2
2
4
3
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
I
mpact
P
rison Population
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
F
ield Population
1
2
2
4
3
6
3
8
4
6
5
4
6
2
6
2
6
2
6
2
P
opulation Change
2
0
4
0
6
0
6
8
7
6
8
4
9
1
9
1
9
1
9
1 L.R. No. 1314S.01I 
Bill No. SB 119  
Page 4 of 
January 30, 2025
DD:LR:OD
# to 
prison
Cost per 
year
Total Costs 
for prison
Change in 
probation 
& parole 
officers
Total cost 
for 
probation 
and 
parole
# to 
probation 
& parole
Grand Total - 
Prison and 
Probation 
(includes 2% 
inflation)
Year 18($10,485)($69,900)0$012($69,900)Year 216($10,485)($171,115)0$024($171,115)Year 324($10,485)($261,806)0$036($261,806)Year 430($10,485)($333,803)0$038($333,803)Year 530($10,485)($340,479)0$046($340,479)Year 630($10,485)($347,288)1($98,685)54($445,973)Year 730($10,485)($354,234)1($90,430)62($444,664)Year 830($10,485)($361,319)1($91,395)62($452,714)Year 930($10,485)($368,545)1($92,370)62($460,915)Year 1030($10,485)($375,916)1($93,357)62($469,273)
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.  
Oversight does not have any information contrary to that provided by DOC. Therefore, 
Oversight will reflect DOC’s impact for fiscal note purposes. L.R. No. 1314S.01I 
Bill No. SB 119  
Page 5 of 
January 30, 2025
DD:LR:OD
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.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. The AGO may seek 
additional appropriations if the proposal results in a significant increase in litigation or 
investigation costs.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the 
AGO will be able to perform any additional duties required by this proposal with current staff 
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Department of Health and Senior Services (DHSS) state this proposal 
creates provisions relating to the possession and delivery of abortifacient drugs. Section 579.017 
of the proposed legislation amends the criminal code to make possession, distribution, and 
delivery of an abortifacient drug a class C felony.
The Division of Regulation and Licensure’s (DRL) Section for Health Standards and Licensure 
(HSL) will be responsible for facility licensing, inspection, and complaints.
It is assumed that the Department can absorb the costs of this bill with current resources. 
However, if the workload significantly increased or other legislation was enacted, additional 
resources would be requested through the appropriation process.
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 579.017 
creating a class B or C felony, would take approximately fifty-seven 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 three 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. 1314S.01I 
Bill No. SB 119  
Page 6 of 
January 30, 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.
Officials from the Missouri Office of Prosecution Services (MOPS) assume the proposal will 
have no measurable fiscal impact on MOPS. The enactment of a new crime creates additional 
responsibilities for county prosecutors and the circuit attorney which may, in turn, result in 
additional costs, which are difficult to determine.
Officials from the Department of Commerce and Insurance and the Department of Public 
Safety - Missouri Highway Patrol
respective organizations. Oversight does not have any information to the contrary. Therefore, 
Oversight will reflect a zero impact in the fiscal note for these agencies.  
Oversight only reflects the responses received from state agencies and political subdivisions; 
however, other 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 2031)
GENERAL 
REVENUE
Cost – DOC 
(§579.017)
  Personal Service$0$0$0($49,224) Fringe Benefits$0$0$0($36,327) Exp. & Equip.$0$0$0($13,134)Increased 
incarceration costs($69,900)($171,115)($261,806)($347,288)
Total Cost - DOC($69,900)($171,115)($261,806)($445,973)  FTE Change - 
DOC 0 FTE0 FTE0 FTE1 FTE
Cost – OSCA 
(§579.017) 
Potential cost 
relating to 
abortifacient drugs
$0 to 
(Unknown)
$0 to 
(Unknown)
$0 to 
(Unknown)
$0 to 
(Unknown) L.R. No. 1314S.01I 
Bill No. SB 119  
Page 7 of 
January 30, 2025
DD:LR:OD
FISCAL IMPACT 
– State 
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully 
Implemented 
(FY 2031)
ESTIMATED 
NET EFFECT 
ON GENERAL 
REVENUE
Could exceed 
($69,900)
Could exceed 
($171,115)
Could exceed 
($261,806)
Could exceed 
($445,973)
Estimated Net 
FTE Change on 
General Revenue0 FTE0 FTE0 FTE1 FTE
FISCAL IMPACT 
– Local 
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully 
Implemented 
(FY 2031)
$0$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
ABORTIFACIENT DRUGS (Section 579.017)
This act creates the offense of possession of an abortifacient drug with the intent to induce an 
abortion on oneself or another person and the offense of delivery of an abortifacient drug with 
the intent to induce, or otherwise assist in, an abortion on another person. These offenses are 
class C felonies. It shall be an affirmative defense for either offense that the possession or 
delivery of the drug was because of an abortion induced due to a medical emergency.
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 Health and Senior Services
Department of Corrections L.R. No. 1314S.01I 
Bill No. SB 119  
Page 8 of 
January 30, 2025
DD:LR:OD
Department of Public Safety - Missouri Highway Patrol
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffJessica HarrisDirectorAssistant DirectorJanuary 30, 2025January 30, 2025