COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2974S.01I Bill No.:SB 741 Subject:Attorneys; Crimes and Punishment; Criminal Procedure Type:Original Date:April 14, 2025Bill Summary:This proposal modifies provisions relating to the appointment of counsel for
postconviction relief of sentences of death.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue* $0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on General
Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight assumes the impact will be under $250,000 annually.
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. 2974S.01I
Bill No. SB 741
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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. 2974S.01I
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FISCAL ANALYSIS
ASSUMPTION
§547.370 – Postconviction relief
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. 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 Department of Corrections, the Office of Administration, the Office of the
GovernorMissouri Office of Prosecution Services, and the Office of the State Public
Defender 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 only reflects the responses received from state agencies and political subdivisions;
however, other county circuit clerks and county prosecutors 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. L.R. No. 2974S.01I
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FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECost – OSCA (§547.370) Potential cost
relating to the appointment of counsel
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
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
This act modifies provisions relating to the appointment of counsel for postconviction relief of
sentences of death. Current law provides that when a motion to set aside a sentence of death is
filed, the court shall find on the record whether the movant is indigent and if so, the court shall
appoint two counsel. This act instead provides that when a circuit court imposes a judgment and
sentence of death, the circuit court shall find on the record whether the defendant is indigent. If
finding so, the court shall appoint two counsel for the preparation and litigation of a defendant's
motion under Rules of the Supreme Court of Missouri. Furthermore, if the court finds that the
defendant is not indigent, the court may enter an order denying the appointment of counsel.
Additionally, this act adds three years of litigation experience in the field of postconviction law
and five years as a member of the Missouri Bar to the qualifications of one of the counsel. The
court may also appoint other counsel whose background, knowledge, or experience would
otherwise be proper representation of the defendant for postconviction relief. Finally, the state
shall comply with any additional requirements of federal law and regulation relating to
appointment of counsel for capital sentences and certification by the United States Attorney
General. (§547.370)
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 2974S.01I
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SOURCES OF INFORMATION
Attorney General’s Office
Department of Corrections
Office of Administration
Office of the Governor
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffJessica HarrisDirectorAssistant DirectorApril 14, 2025April 14, 2025