SB 0777 - Fiscal Note

Fiscal Note - SB 0777 - Victims of Domestic Violence Pay No Court Costs

L.R. NO.  2361-03
BILL NO.  Truly Agreed To and Finally Passed SCS for SB 777
SUBJECT:  Circuit Court Fees
TYPE:     Original
DATE:     May 9, 1996



                              FISCAL SUMMARY

                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

None

Total Estimated
Net Effect on All
State Fund                       $0              $0              $0


                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED               FY 1997         FY 1998         FY 1999

Federal Grant
Funds                            $0              $0              $0

Total Estimated
Net Effect on All
Federal Funds*                   $0              $0              $0

* Income and costs net out to $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 Department of Public Safety (DPS) assume the proposed
legislation would bring Missouri into compliance with the federal Violence
Against Women Act.  This Act has authorized funding for states in increasing
increments through the year 2000.  Missouri could, potentially, receive in
excess of $2.5 million in federal 1996 funding.  This grant program provides
federal financial assistance to states for developing and strengthening
effective law enforcement and prosecution strategies and victim services in
cases involving violent crimes against women including domestic violence and
sexual assault.

DPS officials report that if Missouri is not in compliance with the mandates
of the federal Violence Against Women Act, the state would lose the
opportunity to receive up to $14.7 million in federal funding over the next
five years.  DPS assumes that the state could potentially receive up to $2.5
million in FY 1997 federal funds, $2.8 million in FY 1998 federal funds, and
$3 million in FY 1999 federal funds.

DPS officials report that the federal grant funds would be used to create new
programs and services for victims as outlined in the federal mandate.   These
new programs and services will not be established unless the federal grant
funds are received.

Oversight assumes that the funds could only be used for the approved purposes
outlined in the federal mandate and that any unused funds could not be
transferred to general revenue.  Oversight has reflected potential revenue
and corresponding program costs as a result of this proposal.

Officials from the Office of State Courts Administrator assume the proposal
may cause a very small reduction in the amount of costs collected; however,
it would not have a fiscal impact on the budget of the judiciary.

Officials from the Office of the State Public Defender (SPD)  assume the
proposed legislation would result in more charges being filed by "victims."
Victims would be allowed to file charges without any liability for the costs,
which might also result in more frivolous lawsuits.  Although most charges
would be filed by the county prosecutors, this proposal would require the SPD
to provide representation in the few cases that county prosecutors do not
wish to pursue on behalf of the victims.  SPD assumes that any costs incurred
as a result of this proposal could be absorbed with existing resources;
however, passage of more than one similar proposal could require the SPD to
request increased appropriations.

Officials from the Office of Prosecution Services assume the proposed
legislation would have no fiscal impact on their budget.


FISCAL IMPACT - State Government           FY 1997      FY 1998      FY 1999
                                          (10 Mo.)
FEDERAL FUNDS

Income - Department of Public (DPS)
     STOP Violence Against Women Grant  $2,500,000   $3,000,000   $3,100,000

Costs - Department of Public (DPS)
     Programs to develop and strengthen
     law enforcement and prosecution
     strategies and victim services   ($2,500,000) ($3,000,000) ($3,100,000)

ESTIMATED NET EFFECT
OF FEDERAL FUNDS                                $0           $0           $0


FISCAL IMPACT  - Local Government          FY 1997      FY 1998      FY 1999
                                          (10 Mo.)

                                                $0           $0           $0


DESCRIPTION

The proposed legislation would establish that victims of domestic violence
offenses (as defined in Section 595.010, RSMo) would not be required to pay
the court costs, service fees, or subpoena fees associated with the filing of
criminal charges against the offender.

The proposed legislation is federally mandated pursuant to Subpart B, Section
90.15, in Title IV of the Violent Crime Control and Law Enforcement Act of
1994, Pub. L. No. 103-322, 108 Stat. 1796 (Sept. 13, 1994).  This legislation
would not duplicate any other program and would not require additional
capital improvements or rental space.



SOURCES OF INFORMATION

Department of Public Safety
Office of State Courts Administrator
Office of the State Public Defender
Office of Prosecution Services