COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:1001S.01I Bill No.:SB 318 Subject:Business and Commerce; Crimes and Punishment; Property, Real and Personal Type:Original Date:February 18, 2025Bill Summary:This proposal modifies provisions relating to offenses involving retail theft.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2030)
General Revenue($43,687)($106,947)($163,629)($226,986)Total Estimated
Net Effect on
General
Revenue($43,687)($106,947)($163,629)($226,986)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2030)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 1001S.01I
Bill No. SB 318
Page 2 of
February 18, 2025
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2030)
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 2030)
Total Estimated
Net Effect on
FTE 000$0
☐ 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 2030)
Local
Government$0$0$0$0 L.R. No. 1001S.01I
Bill No. SB 318
Page 3 of
February 18, 2025
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§§569.151, 570.030 and 570.036 – Offenses involving retail establishments
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to offenses involving retail theft.
Section 569.151 creates the offense of trespass in the third degree and the associated class B
misdemeanor penalty. Misdemeanor penalties are not normally the purview of the department.
Therefore, the DOC estimates no impact from this section.
Section 570.030 modifies the definition of the offense of stealing in section 570.030 to include
activity in which the person's course of conduct is part of an organized retail theft and the value
of the property taken, combined with any property damage inflicted in such theft, is ten thousand
dollars or more. The penalty associated with this offense is a class B felony.
This bill modifies the definition of the offense of stealing in section 570.030 to include activity
in which the person's course of conduct is part of an 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. The penalty associated with this offense is a
class C felony.
This bill creates section 570.036, including the definition of the offense of organized retail theft.
The penalty is a class C felony if the aggregated value of the property or services involved in all
thefts committed in this state during a period of one hundred twenty days is no less than one
thousand five hundred dollars and no more than ten thousand dollars. The penalty is a class B
felony if the aggregated value of the property or services involved in all thefts committed in this
state during a period of one hundred twenty days is more than ten thousand dollars.
As currently proposed, the language added to the definition of the offense of stealing in section
570.030 includes references to “organized retail theft,” which is also defined in the new section
570.036. In both sections, the associated penalties also appear to be the same. Therefore, DOC
estimates the impact from these changes as one new class C felony and one new class B felony.
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. L.R. No. 1001S.01I
Bill No. SB 318
Page 4 of
February 18, 2025
DD:LR:OD
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 served, 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.
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
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 L.R. No. 1001S.01I
Bill No. SB 318
Page 5 of
February 18, 2025
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 20 additional offenders in
prison and 23 additional offenders on field supervision by FY 2030.
# 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 15($10,485)($43,687)0$06($43,687)Year 210($10,485)($106,947)0$012($106,947)Year 315($10,485)($163,629)0$018($163,629)Year 419($10,485)($211,408)0$019($211,408)Year 520($10,485)($226,986)0$023($226,986)Year 620($10,485)($231,526)0$028($231,526)Year 720($10,485)($236,156)0$033($236,156)Year 820($10,485)($240,879)0$034($240,879)Year 920($10,485)($245,697)0$035($245,697)Year 1020($10,485)($250,611)0$035($250,611)
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
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
5 5 5 5 5 5 5 5 5 5
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
5 5 5 5 5 5 5 5 5 5
P
robations
6 6 6 6 6 6 6 6 6 6
C
umulative Populations
P
rison
5 1
0
1
5
1
9
2
0
2
0
2
0
2
0
2
0
2
0
P
arole
0 0 0 1 5 1
0
1
5
1
6
1
7
1
7
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
5 1
0
1
5
1
9
2
0
2
0
2
0
2
0
2
0
2
0
F
ield Population
6 1
2
1
8
1
9
2
3
2
8
3
3
3
4
3
5
3
5
P
opulation Change
1
1
2
2
3
3
3
8
4
3
4
8
5
3
5
4
5
5
5
5 L.R. No. 1001S.01I
Bill No. SB 318
Page 6 of
February 18, 2025
DD:LR:OD
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 estimated impact for fiscal note purposes.
Officials from the Office of Attorney General (AGO)
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 Missouri Office of Prosecution Services (MOPS) assume the proposal will
have no measurable fiscal impact on MOPS. The enactment of new crimes [569.151 and
570.036] 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, the Department of Public
Safety - Missouri Highway PatrolOffice of the State Courts Administrator, the Office
of the State Public Defender, and the City of Kansas City 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.
Oversight notes the provisions of §569.151 state the organized campaign may be required to pay
a civil fine not to exceed five thousand dollars. In addition, the court shall order a person who
violates §570.036 to pay restitution. Oversight assumes civil fine(s) and restitution will be paid
to the merchant and there will be no impact to the State. L.R. No. 1001S.01I
Bill No. SB 318
Page 7 of
February 18, 2025
DD:LR:OD
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities and counties 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 2030)
GENERAL
REVENUE
Cost – DOC
(§§570.030 and
570.036) Increased
incarceration costs($43,687)($106,947)($163,629)($226,986)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($43,687)($106,947)($163,629)($226,986)
FISCAL IMPACT
– Local
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully
Implemented
(FY 2030)
$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
OFFENSES INVOLVING RETAIL THEFT
This act creates and modifies provisions relating to offenses involving retail establishments.
OFFENSE OF TRESPASS IN THE THIRD DEGREE (Section 569.151)
This act creates the offense of trespass in the third degree if he or she, either individually or as
part of an organized campaign, enters a retail establishment with the primary purpose of
disrupting commerce or causing danger to people or property. This offense shall be a class B
misdemeanor, unless committed as part of an organized campaign then such campaign shall pay
a fine not to exceed $5,000. L.R. No. 1001S.01I
Bill No. SB 318
Page 8 of
February 18, 2025
DD:LR:OD
OFFENSE OF STEALING (Section 570.030)
This act provides that a person shall be guilty of the offense of stealing if he or she appropriates
property as part of an organized retail theft and the value of the property is over $10,000. Such
offense shall be a class B felony.
Additionally, this act provides that a person shall be guilty of the offense of stealing if he or she
appropriates property as part of an organized retail theft and the value of the property is between
$750 and $10,000.
OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)
This act creates the offense of organized retail theft if he or she, while alone or with any other
person, commits a series of thefts of retail merchandise against one or more persons either on the
premises of a merchant or through the use of an internet site with the intent to return the
merchandise for value or resell the merchandise for value.
The offense of organized retail theft is a class C felony if the value stolen over 120 days is
between $1,500 and $10,000 and a class B felony if the value is over $10,000.
Finally, a person may be prosecuted in any jurisdiction in this state regardless of whether the
defendant was ever physically present in such jurisdiction.
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 Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
City of Kansas City
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 18, 2025February 18, 2025