Bill Summary: The proposal increases the penalty for the crime of resisting or interfering with an arrest, detention, or stop from a class D felony to a class C felony.

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED	FY 2009	FY 2010	FY 2011
General Revenue	(More than $100,000)	(More than $100,000)	(More than $100,000)

Total Estimated Net Effect on General Revenue Fund	(More than $100,000)	(More than $100,000)	(More than $100,000)

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on Other State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)
FUND AFFECTED	FY 2009	FY 2010	FY 2011


Total Estimated Net Effect on FTE	0	0	0

☒ Estimated Total Net Effect on All funds expected to exceed $100,000 savings or (cost).

☒ Estimated Net Effect on General Revenue Fund expected to exceed $100,000 (cost).

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2009	FY 2010	FY 2011
Local Government	$0	$0	$0

Officials from the Department of Public Safety – Director’s Office, – Missouri State Highway Patrol, and the – Capitol Police assume the proposal would have no fiscal impact on their agencies.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Department of Corrections (DOC) assume the proposed legislation increases the punishment for resisting or interfering with an arrest, detention, or stop from a class D to a C felony.

The average time served for a C rather than a D felony is 4 additional months and this impact will begin in the 2nd year. This effect of an estimated 8 additional persons will occur in each subsequent year, as well.

If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in operational cost either through incarceration (FY07 average of $41.21 per inmate, per day or an annual cost of $15,040 per inmate) or through supervision provided by the Board of Probation and Parole (FY07 average of $2.43 per offender, per day or an annual cost of $887 per offender).

In summary, supervision by the DOC through incarceration or probation would result in additional costs and although the exact fiscal impact is unknown, it is estimated that potential costs will be in excess of $100,000 per year.

Officials from the Office of the State Public Defender (SPD) assume increasing penalties on existing crimes, or creating new crimes, will require more SPD resources. While the number of new cases (or cases with increased penalties) may be too few or uncertain to request additional appropriations for this specific bill, the SPD will continue to request sufficient appropriations to provide competent and effective representation in all its cases.

Oversight assumes the Office of the State Public Defender (SPD) could absorb the costs of the proposed legislation within existing resources. Oversight assumes any significant increase in the workload of the SPD would be reflected in future budget requests.

Officials from the Office of Prosecution Services did not respond to Oversight’s request for fiscal impact.

No direct fiscal impact to small businesses would be expected as a result of this proposal.

The proposal increases the penalty for the crime of resisting or interfering with arrest, detention, or stop from a class D felony to a class C felony.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

FISCAL IMPACT - State Government	FY 2009 (10 Mo.)	FY 2010	FY 2011
GENERAL REVENUE FUND

Costs – Department of Corrections
Incarceration/probation costs	(More than $100,000)	(More than $100,000)	(More than $100,000)

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND	(More than $100,000)	(More than $100,000)	(More than $100,000)