Fiscal Note - SB 0049 - Certain Retired Officials May Carry Concealed Firearms
L.R. NO. 0410-02
BILL NO. SCS for SBs 49, 213, 130, 32, 235 & 221 with HCAs 1, 2, 3 & 4
SUBJECT: Weapons: Law Enforcement
TYPE: Original
DATE: May 2, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Office of
Administration
Revolving Fund ($609,000) ($150,000) ($150,000)
Criminal Justice
Network and
Technology Fund $0 to $609,000 $0 to $150,000 $0 to $150,000
Total Estimated
Net Effect on All
State Funds ($609,000) to $0 ($150,000) to $0 ($150,000) to $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 Departments of Conservation and Public Safety - Missouri
State Water Patrol and Peace Officers Standards and Training, the Office of
State Courts Administrator, the Office of the Attorney General, the Office of
Prosecution Services, the Office of Administration - Division of Accounting,
the Missouri Sheriffs' Association, and the Missouri Police Chiefs'
Association assume this proposal would have no fiscal impact on their
respective agencies.
Officials of the State Public Defender (SPD) assume that existing staff could
provide representation for those 15-20 cases arising where indigent persons
were accused of the crimes created in this proposal. However, passage of
more than one similar bill would require the State Public Defender System to
request increased appropriations to cover the cumulative cost of representing
the indigent accused.
Officials of the Department of Corrections (DOC) stated that currently they
could not predict the number of new commitments which could result from the
creation of the offense(s) outlined in this proposal. An increase in
commitments would depend on the utilization by prosecutors and the actual
sentences imposed by the court. If additional persons were sentenced to the
custody of the DOC due to the provisions of this proposal, DOC would incur a
corresponding increase in operational costs either through incarceration
(average of $29.16 per inmate, per day) or through supervision provided by
the Board of Probation and Parole (average of $2.50 per offender, per day).
Supervision by the DOC through probation or incarceration would result in
some additional costs, but DOC officials assumed that the impact would be
minimal.
Officials of the Office of Administration - DP&T and the Office of the State
Treasurer assume that this proposal would have no fiscal impact to their
agencies.
Officials of the Department of Public Safety - Missouri State Highway
Patrol's Information Systems Division (MSHP) assume that all revenue
collected would be used to purchase telecommunication hardware and software
as a result of this proposal.
Currently, the Office of Administration Revolving Trust Fund (OARTF) receives
approximately $800,000 annually from MULES circuit fees. The OARTF pays out
$650,000 annually in MULES circuit charges. Although the balance in the
OARTF "MULES Account" varies, the current balance is approximately $459,000.
This proposal would require the balance in the OARTF "Mules Account" to be
transferred to the newly created fund.
This proposal does not change the rate at which users of the MULES system
would be charged. It does require that the balances for the newly created
Criminal Justice Network and Technology Revolving Fund be used for the
"procurement of telecommunications and computer equipment, services, and
software associated with connection to the criminal justice network".
Therefore, Oversight assumes that revenues and expenses related to the MULES
system would be consistent with past experience and that an additional $0 to
$150,000 annually may be spent for stated purposes. Also, because the
current balance in the OARTF "MULES Account" would be transferred to the
Criminal Justice Network and Technology Revolving Fund as a result of this
proposal, Oversight assumes that $459,000 could also be spent for purposes
outlined in this proposal.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
OFFICE OF ADMINISTRATION
REVOLVING TRUST FUND
Loss-Office of Administration
User - circuit fees ($800,000) ($800,000) ($800,000)
Transfer to CJNTRF (459,000) 0 0
Total Loss-Office of Administration ($1,259,000) ($800,000) ($800,000)
Savings-Office of Administration
User circuit charges $650,000 $650,000 $650,000
ESTIMATED NET EFFECT TO
OFFICE OF ADMINISTRATION
REVOLVING TRUST FUND ($609,000) ($150,000) ($150,000)
CRIMINAL JUSTICE NETWORK AND
TECHNOLOGY REVOLVING FUND
Income-Missouri State Highway Patrol (MSHP)
User charges for utilizing the MULES
system $800,000 $800,000 $800,000
Transfer from OARTF "MULES Account" 459,000 0 0
Total Income-MSHP $1,259,000 $800,000 $800,000
Cost-Missouri State Highway Patrol (MSHP)
On-going MULES circuit charges ($650,000) ($650,000) ($650,000)
Computer Equipment/Maintenance $ 0 $ 0 $ 0
to to to
($609,000) ($150,000) ($150,000)
Total Cost-MSHP ($650,000 ($650,000 ($650,000
to to to
$1,259,000) $800,000) $800,000)
ESTIMATED NET EFFECT TO
CRIMINAL JUSTICE NETWORK AND
TECHNOLOGY REVOLVING FUND $ 0 $ 0 $ 0
to to to
$609,000 $150,000 $150,000
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: 1) exempt certain individuals from any criminal penalty
for carrying a concealed firearm; 2) create the crimes of leaving the scene
of a shooting and attacking a "police animal" as defined; and 3) expand
arrest powers of certain law enforcement officials. The proposal outlines
penalty provisions.
This proposal would create the crime of evading a peace officer under certain
conditions. Evading an officer would be a Class A misdemeanor if the person
is trying to avoid an arrest for, or detection of, a misdemeanor.
Evading an officer would be a Class C felony if the person: 1) is trying to
avoid a felony arrest or detection of a felonious act; 2) causes property
damage while evading the officer; 3) causes physical injury to another while
evading the officer; 4) has been previously convicted of evading an officer;
5) commits three or more traffic offenses while evading the officer; or 6)
is intoxicated or under the influence of drugs.
A person who attempts to take a weapon from a law enforcement officer by
force, commits assault of an officer in the second degree. Assault of an
officer in the second degree would be a Class B felony.
For the purpose of peace officer certification, all federal law enforcement
training hours or such officially recognized training by other states would
be included for certification purposes. The Peace Officers Standards and
Training Commission could require any peace officer who had not completed a
Missouri certified training course to pass a written examination on Missouri
criminal law prior to being certified.
The proposed legislation would expand the arrest powers of conservation
agents. Such powers would include the authority to arrest on view, and
without a warrant, any person the agent sees asserting physical force for the
purpose of causing or creating a substantial risk of death or serious injury
to any person.
This proposal would establish the Criminal Justice Network and Technology
Revolving Fund to be administered by the Missouri State Highway Patrol. The
fund would be used for the procurement of telecommunications and computer
equipment, services, and software associated with the criminal justice
network. All funds in the Office of Administration Revolving Trust Fund
"MULES Account" would be transferred to the Criminal Justice Network and
Technology Revolving Fund.
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
Department of Public Safety
Office of State Courts Administrator
Office of the Attorney General
Office of Prosecution Services
State Public Defender
Missouri Sheriffs' Association
Missouri Police Chiefs' Association
Department of Corrections
Office of Administration - Division of Accounting
Office of Administration - Data Processing and Telecommunications
Department of Public Safety - Missouri State Highway Patrol
Missouri Department of Conservation
Office of the State Treasurer
This Fiscal Note is not an official copy and should not be quoted or cited.