This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0885 - Procedure For obtaining Search Warrants
L.R. NO. 3383-01
BILL NO. SB 885
SUBJECT: Criminal Procedure: Search and Seizure
TYPE: Original
DATE: February 13, 1996
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1997 FY 1998 FY 1999
General Revenue ($18,900) ($567) ($584)
Total Estimated
Net Effect on All
State Funds ($18,900) ($567) ($584)
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 (CTS) assume this
proposal would expedite a large number of cases; however, they assume there
would be some challenges to the validity of the process. CTS would not
expect this proposal to appreciably impact the budget of the judiciary.
Officials from the Office of the State Public Defender (SPD) assume this
proposal would provide a more convenient and time-saving method for the
prosecution to obtain search warrants; however, they also assume that the
number of cases would remain constant and that any savings would have an
insignificant fiscal impact on their agency.
Officials from the Department of Public Safety - Missouri State Highway
Patrol (MHP) assume the proposed legislation would require them to record
telephone conversations between judges, officers, and prosecuting attorneys.
MHP would need to purchase a telephone recorder at a cost of $200 and a
telephone attachment at a cost of $25 for each of their 75 drug and crime
officers, plus one additional set for each of their nine troops. The initial
cost to MHP for this telephone recording equipment would be $18,900 plus a
minimal amount for the service and repair costs in FY 98 and FY 99.
Officials from the Department of Public Safety - Missouri State Water Patrol,
the Office of the Attorney General, and the Office of Prosecution Services
assume this proposal would have no fiscal impact on their budgets.
FISCAL IMPACT - State Government FY 1997 FY 1998 FY 1999
(10 Mo.)
GENERAL REVENUE FUND
Cost - Department of Public Safety -
Missouri State Highway Patrol (MHP)
Equipment and Expense ($18,900) ($567) ($584)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND ($18,900) ($567) ($584)
FISCAL IMPACT - Local Government FY 1997 FY 1998 FY 1999
(10 Mo.)
$0 $0 $0
DESCRIPTION
The proposed legislation would provide for prosecutors and law enforcement
officials to obtain search warrants without making written application to the
court. Instead, the prosecutor could give voice authorization for the
applicant to place the prosecutor's signature on a warrant application. The
applicant for the warrant could then make a statement under oath to the
judge. Such statement would be recorded, transcribed and filed with the
court. Sample forms would be included in the proposal for the officer's
application for a telephone search warrant.
The proposal would also establish that any person who intercepts a cellular
or radio transmission and publishes information contained in such
transmission to any person other than the intended recipient would be guilty
of a Class A misdemeanor.
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
Office of the State Public Defender
Department of Public Safety - Missouri State Highway Patrol
Department of Public Safety - Missouri State Water Patrol
Office of the Attorney General
Office of Prosecution Services