This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0599 - Failure to Return Videos a Crime - Increases Penalty
L.R. NO. 1863-02
BILL NO. SB 599
SUBJECT: Crimes - Failure to Return Videos
TYPE: Original
DATE: December 29, 1995
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
None
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of State Courts Administrator assume that after a
period of adjustment the proposed legislation would result in substantial
compliance and therefore do not anticipate a significant increase in the
workload of the courts.
Officials from the Department of Corrections (DOC) assume offenders charged
and convicted under the proposed legislation would likely receive fines,
probation, local jail sentences or community-service sanctions and therefore
report no fiscal impact.
Officials from the Office of the Attorney General and the Office of
Prosecution Services assume the proposed legislation would not have a fiscal
impact on their respective budgets.
Officials from the Office of the State Public Defender (SPD) assume the
proposed legislation would create an additional 235 cases statewide per year.
SPD officials assume they would need an additional .50 FTE Assistant Public
Defender ($31,620 per year) plus related travel, office and communication
expenses to carry out the provisions of this proposal with an estimated cost
of approximately $26,554 per year to the General Revenue Fund.
Based on the response from the Office of State Courts Administrator that the
proposed legislation would likely result in substantial compliance after an
adjustment period, Oversight assumes that this proposal would not
significantly increase costs to the SPD. However, passage of more than one
similar proposal could require the SPD to request increased appropriations to
cover the cumulative administrative costs.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
$0 $0 $0
DESCRIPTION
The proposed legislation would provide for civil and criminal penalties
against a person who fails to return a rented video tape. If a video store
member or someone using this membership fails to pay late charges for the
late return of a video within thirty days after written notice by the store,
such member would be liable for an amount of $50 or three times the amount of
the late charges, whichever is greater. To collect these damages, the video
store would need to have a posted sign at the time the video was rented
stating that failure to pay late charges may result in special damages.
The proposed legislation would also create the crime of misappropriation of a
video cassette. A person would be guilty of this crime if he intentionally
refused to return a video cassette to the video store within thirty days
after written notice and the late charges exceeded $100. Misappropriation of
a video cassette would be a Class A misdemeanor unless the late charges were
equal to $150 or more, in which case it would be a Class C felony.
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
Office of State Courts Administrator
Department of Corrections
Office of the Attorney General
Office of Prosecution Services
Office of the State Public Defender