COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1340S.02C Bill No.:SCS for SB 168 Subject:Civil Procedure; Courts; Crimes and Punishment; Criminal Procedure; Property,
Real and Personal
Type:Original Date:February 23, 2025Bill Summary:This proposal modifies provisions relating to the removal of persons
unlawfully occupying certain property through ex parte orders.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028
General Revenue
Could exceed
($17,475)
Could exceed
($42,779)
Could exceed
($43,634)
Total Estimated Net
Effect on General
Revenue
Could exceed
($17,475)
Could exceed
($42,779)
Could exceed
($43,634)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1340S.02C
Bill No. SCS for SB 168
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February 23, 2025
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 1340S.02C
Bill No. SCS for SB 168
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February 23, 2025
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FISCAL ANALYSIS
ASSUMPTION
§§534.602, 534.604, and 569.200 – Criminal mischief
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to the removal of persons unlawfully occupying property with a residential dwelling
through ex parte orders.
Section 534.604 increases the penalty for the violation of the terms and conditions of an ex parte
order under section 534.602 from a class A misdemeanor to a class E felony.
Section 569.200 modifies the offense of criminal mischief, increases the penalty from a class A
misdemeanor to a class E felony.
Sections 534.604 and 569.200 were passed into legislation during the FY 2024 legislative
session, with an effective date of August 28, 2024. Currently, there is not yet enough data on the
number of misdemeanors associated with these sections over a full fiscal year. As there is little
direct data on which to base an estimate, the department estimates an impact comparable to the
creation of two new class E felonies.
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 will be served in prison with 1.4 years to first release. The
remaining 1.3 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 4 additional offenders in prison and
14 additional offenders on field supervision by FY 2028. L.R. No. 1340S.02C
Bill No. SCS for SB 168
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February 23, 2025
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# 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 12($10,485)($17,475)0$04($17,475)Year 24($10,485)($42,779)0$08($42,779)Year 34($10,485)($43,634)0$014($43,634)Year 44($10,485)($44,507)0$014($44,507)Year 54($10,485)($45,397)0$014($45,397)Year 64($10,485)($46,305)0$014($46,305)Year 74($10,485)($47,231)0$014($47,231)Year 84($10,485)($48,176)0$014($48,176)Year 94($10,485)($49,139)0$014($49,139)Year 104($10,485)($50,122)0$014($50,122)
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,
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
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
2 2 2 2 2 2 2 2 2 2
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
2 4 4 4 4 4 4 4 4 4
P
arole
0 0 2 2 2 2 2 2 2 2
P
robation
4 8 1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
I
mpact
P
rison Population
2 4 4 4 4 4 4 4 4 4
F
ield Population
4 8 1
4
1
4
1
4
1
4
1
4
1
4
1
4
1
4
P
opulation Change
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8 L.R. No. 1340S.02C
Bill No. SCS for SB 168
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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.
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 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. 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 Commerce and Insurance, the Department of Public
Safety - Missouri Highway PatrolMissouri Department of AgricultureMissouri
Office of Prosecution Services, the Office of the State Public Defender, the City of Kansas
City, the Phelps County Sheriff’s 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. L.R. No. 1340S.02C
Bill No. SCS for SB 168
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Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, circuit clerks, and local law enforcement were requested to
respond to this proposed legislation but did not. A listing of political subdivisions included in the
Missouri Legislative Information System (MOLIS) database is available upon request.
FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECost – DOC (§§534.604 and 569.200)
Increased incarceration costs ($17,475)($42,779)($43,634)
Cost – OSCA (§§534.604 and 569.200)
Potential cost relating to unlawfully
occupying property
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE
Could exceed
($17,475)
Could exceed
($42,779)
Could exceed
($43,634)
FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028$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
UNLAWFULLY OCCUPYING PROPERTY (Sections 534.602, 534.604, and 569.200)
This act modifies provisions relating to the removal of persons unlawfully occupying property
with a residential dwelling through ex parte orders. Specifically, it applies such provisions to
property containing a commercial vacant building or property exclusively consisting of vacant
land. Additionally, hearings for the ex parte orders shall be held within twenty-four hours, rather
than forty-eight hours, of the filing of the verified petition. Furthermore, this act includes
procedures for verified petitions filed on evenings, holidays, or weekends.
A violation of an ex parte order for removal of persons unlawfully occupying property covered
by this act shall be a class E felony, instead of class A misdemeanor. Additionally, this act L.R. No. 1340S.02C
Bill No. SCS for SB 168
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provides that the offense of criminal mischief for unlawful detention, occupation, or trespass
upon a residential dwelling, commercial vacant building, or vacant land shall be a class E felony,
instead of class A misdemeanor.
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 Public Safety - Missouri Highway Patrol
Missouri Department of Agriculture
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
City of Kansas City
Phelps County Sheriff’s Department
Kansas City Police Department
St. Louis County Police Department
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 23, 2025February 23, 2025