2004 BR 1398

January 26, 2004

Page 1

COMMONWEALTH OF KENTUCKY

STATE FISCAL NOTE STATEMENT

GENERAL ASSEMBLY / LEGISLATIVE RESEARCH COMMISSION
2004 REGULAR SESSION / 2002-2003 INTERIM

MEASURE

(X) 2004 BR No. / 1398 / (X) / Senate / Bill No. / 163/GA
( ) Resolution No. / ( ) Amendment No.
SUBJECT/TITLE / An Act relating to crimes and punishments
SPONSOR / Senator Stivers

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

______

Fiscal Estimates / 2003-2004 / 2004-2005 / 2005-2006 / Future Annual
Rate of Change
Revenues (+/-)
Expenditures (+/-) / Indeterminable / Indeterminable
Net Effect

MEASURE'S PURPOSE:

This measure establishes the offense and penalty provisions for controlled substance endangerment to a child.

PROVISION/MECHANICS:

This measure creates a new section of KRS Chapter 218A to define terms used in the section, clarifies the meaning of a minor, a serious physical injury, and a physical injury; establishes the offense of controlled substance endangerment to a child; sets out the penalties for the offense depending upon the amount of injury or the death of a minor; and prevents the simultaneous conviction of this offense and assault, wanton endangerment or endangering the welfare of a minor.

FISCAL EXPLANATION:

The fiscal impact for this measure is indeterminable.

The impact would be dependent upon the number of people who were convicted of this offense and their sentence. Sufficient data is not available to correlate the current number of people who were found guilty of a drug charge and a charge of endangering the welfare of a minor.

A rough estimate for the cost to incarcerate a person found guilty of a Class D felony is approximately $10,000 per year and an average cost for the other offenses is approximately $17,200 per year.

DATA SOURCE(S)
NOTE NO. / 38.3 / PREPARER / Karen Hilborn Crabtree, CPA / REVIEW / JC / DATE / 03/01/04

LRC 2004-BR 1398-SB 163-GA