COMMONWEALTH OF KENTUCKY

STATE FISCAL NOTE STATEMENT

GENERAL ASSEMBLY / LEGISLATIVE RESEARCH COMMISSION
2000 REGULAR SESSION / 1998-99 INTERIM

MEASURE

(X) 2000 BR No. / 224 / (X) / House / Bill No. / 410/GA
() Resolution No. / () Amendment No.
SUBJECT/TITLE / An Act Relating to Crimes and Punishments
SPONSOR / Representative Jody Richards

NOTE SUMMARY

Fiscal Analysis: / Impact / No Impact / X Indeterminable Impact
Level(s) of Impact: / X State / Local / Federal
Budget Unit(s) Impact / Department of Corrections
Fund(s) Impact: / X General / Road / Federal
Restricted Agency (Type) / (Other)

FISCAL SUMMARY

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Fiscal Estimates / 1999-2000 / 2000-2001 / 2001-2002 / Future Annual
Rate of Change
Revenues (+/-)
Expenditures (+/-) / Indeterminable / Indeterminable
Net Effect / Indeterminable / Indeterminable

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MEASURE'S PURPOSE: HB 410/GA amends KRS 527.030, relating to defacing a firearm, to increase the penalty from a Class A misdemeanor to a Class D felony; amends KRS 527.050 relating to possession of a defaced firearm to increase the penalty from a Class A misdemeanor to a Class D felony and clarifies that there must be intent to permanently deface firearm. Provides that the fact that a laboratory can restore a number does not negate an intent to permanently deface the firearm.

PROVISION/MECHANICS: HB 410/GA amends KRS 527.030 to increase the penalty for defacing a firearm from a Class A misdemeanor to a Class D felony and amends KRS 527.050 to increase the penalty for possession of a defaced firearm from a Class A misdemeanor to a Class D felony and clarifies that there must be intent to permanently deface firearm. Provides that the fact that a laboratory can restore a number does not negate an intent to permanently deface the firearm.

FISCAL EXPLANATION: The actual fiscal impact of HB 410/GA is indeterminable due to the inability to accurately determine the number of person who will be convicted of the provisions of HB 410/GA. The cost to incarcerate a Class D felon in a local facility is approximately $9,600. Therefore, for each person convicted under the provisions of HB 410/GA the fiscal impact would be $9,600.

Based on current date provided, there are approximately 6 convictions per year for defacing or possession of a defaced firearm. Increasing the penalty from a Class C misdemeanor to a Class D felony would result in approximately 6 additional felony commitments per year with an average five year sentence to the Department of Corrections. The cost to incarcerate 6 additional inmates totals $134,700 in FY 2000-2001. The cost to incarcerate 12 additional inmates in FY 2001-2002 totals $276,000.

DATA SOURCE(S) / Department of Corrections
NOTE NO. / 110 / PREPARER / Kimberly Link / REVIEW / DATE / 2/17/00

LRC 2000-224ga