COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. No.:         3774-01

Bill No.:          HB 1411

Subject:           Firearms and Fireworks; Crimes and Punishment

Type:              Original

Date:               April 7, 2008

Bill Summary:            The proposal changes the crime of unlawful possession of a concealable firearm to unlawful possession of a firearm.

FISCAL SUMMARY

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 5 pages.

☒ 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).

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Public Safety – Director’s Office, – Missouri State Highway Patrol, Boone County Sheriff’s Department, and the Springfield Police Department 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 by broadening the term, more arrests and convictions are possible. In FY 07, DOC had 8 openings for the current definition of the crime. The average time served is 11 months. Although the fiscal impact for the DOC is Unknown, it has the potential to exceed $100,000 per annum.

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, Greene County Sheriff’s Department, Jackson County Sheriff’s Department, St. Louis County Police Department, Columbia Police Department, Kansas City Police Department, and the St. Louis Metropolitan Police Department did not respond to Oversight’s request for fiscal impact.

FISCAL IMPACT - Small Business

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

FISCAL DESCRIPTION

The proposed legislation changes the crime of unlawful possession of a concealable firearm to unlawful possession of a firearm. The proposal also removes the requirement that a felony conviction be for a dangerous offense in order to make possession of a firearm illegal.

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

Department of Corrections

Department of Public Safety

            – Director’s Office

            – Missouri State Highway Patrol

Office of the State Public Defender

Boone County Sheriff’s Department

Springfield Police Department

NOT RESPONDING

Office of Prosecution Services

Greene County Sheriff’s Department

Jackson County Sheriff’s Department

St. Louis County Police Department

Columbia Police Department

Kansas City Police Department

St. Louis Metropolitan Police Department

                                                                                                Mickey Wilson, CPA

                                                                                                Director

                                                                                                April 7, 2008