SB 0633 - Fiscal Note

Fiscal Note - SB 0633 - Allows search warrants to be issued over the telephone

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO. 2971-01

BILL NO. SB 633

SUBJECT: Telephonic Search Warrants

TYPE: Original

DATE: January 19, 1998

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 1999	FY 2000	FY 2001
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Office of State Courts Administrator assume the proposal could result in an increase in the number of cases filed; however, they would not expect a significant increase in the workload of the judiciary.

Officials from the Office of the State Public Defender (SPD) assume that existing staff could represent the 15 to 20 additional cases that might arise as a result of this proposal. However, passage of more than one similar proposal could require the SPD to request increased appropriations to cover the cumulative cost of representing the indigent accused.

Officials from the Department of Public Safety - Missouri State Highway 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 1999	FY 2000	FY 2001
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Local Government	FY 1999	FY 2000	FY 2001
	(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. An officer seeking such a warrant would first 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

DESCRIPTION (continued)

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

Office of the Attorney General

Office of Prosecution Services

Jeanne Jarrett, CPA

Director

January 19, 1998