COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0678S.04P Bill No.:Perfected SS for SCS for SB 98 Subject:Banks and Financial Institutions; Crimes And Punishment Type:Original Date:February 18, 2025Bill Summary:This proposal creates the offense of financial institution accounts fraud.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2026FY 2027FY 2028Fully
Implemented
(FY 2030)
General Revenue($78,637)($192,504)($272,715)($437,951)Total Estimated
Net Effect on
General
Revenue($78,637)($192,504)($272,715)($437,951)
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. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
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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)
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 2030)
Local
Government$0$0$0$0 L.R. No. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
Page 3 of
February 18, 2025
DD:LR:OD
FISCAL ANALYSIS
ASSUMPTION
§570.148 – Financial institution accounts fraud
Officials from the Department of Corrections (DOC) state this proposal creates a new offense
of financial institution accounts fraud when a person uses any false or fraudulent pretenses,
representations, or promises, or any physical device, any electronic device or means of any kind,
or any fraudulent scheme or coercion to cause moneys to be withdrawn or taken from a financial
institution or a customer account at a financial institution or to cause moneys to be transferred or
paid by the financial institution to another person or another financial institution with the purpose
to deprive the financial institution or the financial institution's customer of the custody or control
of the moneys. It is a class E felony when it is more than $500 and the person acted with
criminal negligence. It is a class D felony when it is more than $500 and the person acted
recklessly. It is a class C felony when it is more than $500 and the person acted knowingly. It is
a class B felony when it is more than $500 and the person acted purposefully.
The offenses resulting in class B, C, D, and E felonies could be considered new crimes. As there
is little direct data on which to base an estimate, the department estimates an impact comparable
to the creation of these new class B, C, D, and E felonies.
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. L.R. No. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
Page 4 of
February 18, 2025
DD: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.
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.
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
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. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
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February 18, 2025
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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.
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 30 additional offenders in
prison and 52 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
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. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
Page 6 of
February 18, 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 19($10,485)($78,637)0$013($78,637)Year 218($10,485)($192,504)0$026($192,504)Year 325($10,485)($272,715)0$041($272,715)Year 429($10,485)($322,676)0$045($322,676)Year 530($10,485)($340,479)1($97,473)52($437,951)Year 630($10,485)($347,288)1($89,477)57($436,766)Year 730($10,485)($354,234)1($90,430)62($444,664)Year 830($10,485)($361,319)1($91,395)63($452,714)Year 930($10,485)($368,545)1($92,370)64($460,915)Year 1030($10,485)($375,916)1($93,357)64($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
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
9 9 9 9 9 9 9 9 9 9
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
C
hange (After Legislation - Current Law)
A
dmissions
9 9 9 9 9 9 9 9 9 9
P
robations
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
1
3
C
umulative Populations
P
rison
9 1
8
2
5
2
9
3
0
3
0
3
0
3
0
3
0
3
0
P
arole
0 0 2 6 1
3
1
8
2
3
2
4
2
5
2
5
P
robation
1
3
2
6
3
9
3
9
3
9
3
9
3
9
3
9
3
9
3
9
I
mpact
P
rison Population
9 1
8
2
5
2
9
3
0
3
0
3
0
3
0
3
0
3
0
F
ield Population
1
3
2
6
4
1
4
5
5
2
5
7
6
2
6
3
6
4
6
4
P
opulation Change
2
2
4
4
6
6
7
4
8
2
8
7
9
2
9
3
9
4
9
4 L.R. No. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
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February 18, 2025
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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.
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.
In response to a previous version, officials from the Office of the State Public Defender (SPD)
stated per the National Public Defense Workload Study, the new charge contemplated by this
change to Section 570.148 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.
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 L.R. No. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
Page 8 of
February 18, 2025
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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.
In response to a previous version, officials from the Office of the State Courts Administrator
assumed the proposal will have no fiscal impact on their organization. Oversight does not have
any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.
FISCAL IMPACT
– State
Government
FY 2026
(10 Mo.)
FY 2027FY 2028Fully
Implemented
(FY 2030)
GENERAL
REVENUE
Cost – DOC
(§570.148)
Personal Service$0$0$0($48,736) Fringe Benefits$0$0$0($35,967) Exp. & Equip.$0$0$0($12,770)Increased
incarceration costs($78,637)($192,504)($272,715)($340,479)
Total Cost - DOC($78,637)($192,504)($272,715)($437,951) FTE Change -
DOC 0 FTE0 FTE0 FTE1 FTE
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE($78,637)($192,504)($272,715)($437,951)
Estimated Net
FTE Change on
General Revenue0 FTE0 FTE0 FTE1 FTE L.R. No. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
Page 9 of
February 18, 2025
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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
FINANCIAL INSTITUTIONS (Section 570.148)
This act creates the offense of financial institution accounts fraud. A person commits this offense
if the person uses any false or fraudulent pretenses, representations, or promises, or any physical
device, any electronic device or means of any kind, or any fraudulent scheme or coercion to
cause moneys to be withdrawn or taken from a financial institution or a customer account at a
financial institution or to cause moneys to be transferred or paid by the financial institution to
another person or another financial institution with the purpose to deprive the financial
institution or the financial institution's customer of the custody or control of the funds.
The offense of financial institution accounts fraud is punishable as a class B misdemeanor for
any amount up to $500. For any amount of $500 or more, the offense is punishable as follows:
• If a person acts with criminal negligence it is a class E felony;
• If a person acts recklessly it is a class D felony;
• If a person acts knowingly it is a class C felony; and
• If a person acts purposefully it is a class B felony.
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. 0678S.04P
Bill No. Perfected SS for SCS for SB 98
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February 18, 2025
DD:LR:OD
SOURCES OF INFORMATION
Attorney General’s Office
Department of Commerce and Insurance
Department of Corrections
Department of Public Safety
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 18, 2025February 18, 2025