Fiscal Note - SB 0037 - Requires Criminal Record Checks Prior to Sentencing or Pleas in Drunk Driving Cases
L.R. NO. 0324-01
BILL NO. SB 37
SUBJECT: Drunk Driving: Criminal Record Checks
TYPE: Original
DATE: January 21, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
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
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 from the Office of State Courts Administrator assume the proposed
legislation would not have a significant fiscal impact on the budget of the
judiciary.
Officials from the Office of Prosecution Services (OPS) assume the proposed
legislation could increase the workload of some county prosecutors; however,
OPS assumes that any impact would be minimal and could be absorbed with
existing resources.
Officials from the Office of the State Public Defender (SPD) assume the
proposed legislation would result in an additional 1,000 misdemeanor charges
being filed against offenders which would require representation by the SPD.
The SPD assumes their agency would require 2.0 FTE Assistant Public Defenders
($32,256 per year), 0.5 FTE Investigator ($21,072 per year), 0.5 FTE
Secretary ($17,724 per year), plus fringe benefits, equipment, and operating
expenses to carry out the provisions of this proposal with an estimated cost
of approximately $130,000 annually.
Oversight assumes the proposal could result in a slight increase in workload
for public defenders. However, the amount of any increase in workload is
unknown and would be spread out among many public defenders in many counties.
Oversight assumes there could be instances where a prosecutor would choose to
file a separate charge against an offender; however, this proposal would
likely result in substantial compliance. In many instances, the prosecution
would likely take the additional misdemeanor charge into consideration during
the sentencing of the underlying charge. Based on the foregoing, Oversight
assumes the SPD could absorb any costs incurred with existing resources or
request additional funds through normal and customary budget means.
Officials from the Office of the Attorney General, the Department of Public
Safety - Missouri State Highway Patrol, the Department of Revenue, and the
Missouri Department of Transportation assume the proposal would have no
fiscal impact on their agencies.
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
The proposal would establish that no court of law could accept a plea bargain
or sentence a defendant in an intoxication-related traffic offense unless the
court has first reviewed the criminal history of the defendant. The criminal
record search would be expanded. Also, the defendant would have a duty to
inform the court of any prior intoxication-related traffic offenses. Failure
to so inform the court would be 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 Prosecution Services
Office of the State Public Defender
Office of the Attorney General
Department of Public Safety - Missouri State Highway Patrol
Department of Revenue
Missouri Department of Transportation.
This Fiscal Note is not an official copy and should not be quoted or cited.