Fiscal Note - SB 0203 - Telephonic Search Warrants
L.R. NO. 0859-01
BILL NO. SB 203
SUBJECT: Telephonic Search Warrants
TYPE: Original
DATE: January 27, 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 (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 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 this proposal would have no fiscal impact on their
agency. In response to a similar proposal last session, MHP erroneously
assumed it would be required to purchase additional equipment; however, MHP
later determined that the equipment is available in its Drug and Crime
Control Division and that no additional equipment would need to be purchased.
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 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 allow for a search warrant to be issued over the
telephone. First, an officer seeking such a warrant would receive
authorization from the prosecuting attorney to place the attorney's signature
on the warrant. The officer would then contact the judge and state, under
oath, the reasons why a telephonic search warrant would be issued. This
statement would be recorded, transcribed and filed with the court. A warrant
issued over the telephone would allow an officer to conduct a search on short
notice and during nighttime hours. The proposal would also make it a Class A
misdemeanor to intercept a cellular or radio transmission and publish the
contents of such transmission to a person other than the intended recipient.
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
This Fiscal Note is not an official copy and should not be quoted or cited.