Fiscal Note - SB 0075 - New Criminal Penalties For Street Gangs
L.R. NO. 0075-02
BILL NO. SB 75
SUBJECT: Crimes & Punishment: Gangs
TYPE: Original
DATE: January 14, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Social Services, Missouri Highway Patrol,
Office of the State Courts Administrator and the Missouri Sheriff's
Association assume this proposal would not fiscally impact their agency.
Officials of the Department of Corrections, Office of the State Public
Defender and the Office of Prosecution Services assume this proposal would
have a minimal fiscal impact on their agency.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This proposal would create a new hazing section aimed specifically at
criminal street gangs. The term hazing is defined as an intentional act that
puts a member, or prospective member of a criminal street gang in danger.
The acts of hazing and endangering the welfare of a child, as defined in
Sections 568.045 and 568.050, RSMo, would now be included in the definition
of "pattern of criminal street gang activity", and subject to hazing penalty
provisions.
The crime of hazing would be designated a Class A misdemeanor, unless the
hazing creates a substantial risk to the life of the member or potential
member, in which case it would be a Class C felony. Consent would not be an
allowable defense to hazing.
The use of any inhabitable building or structure for street gang activities
would be included in the definition of "public nuisance", and subject to
Class C felony provisions.
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
Missouri Highway Patrol
Office of Prosecution Services
State Public Defender
Department of Social Services
Department of Corrections
State Courts Administrator
Missouri Sheriff's Association
This Fiscal Note is not an official copy and should not be quoted or cited.