LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 214 HLS 24RS 647
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 8, 2024 10:50 AM Author: VILLIO
Dept./Agy.: Corrections
Subject: Crime of Monetary Instrument Abuse Analyst: Daniel Druilhet
CRIME EN SEE FISC NOTE GF EX See Note Page 1 of 1
Provides relative to monetary instrument abuse
Current law assesses a sentence of imprisonment of no less than 6 months nor more than 10 years, with or without hard labor, or a fine of
no less than $5,000 nor more than $1,000,000, for making, issuing, possessing, selling, or otherwise transferring (1) a counterfeit or
forged monetary instrument of the U.S., a state, political subdivision, or an organization, or (2) an implement designed for or particularly
suited for making a counterfeit or forged monetary instrument, with the intent to deceive or defraud another person. Proposed law adds
the counterfeit or forged monetary instrument of a person as an item of which it is unlawful to make, issue, possess, sell, or otherwise
transfer; adds intent to defraud another person as an alternative element to the current law; assesses a sentence of imprisonment for no
less than one nor more than 10 years, with or without hard labor, and a potential fine of no more than $1,000,000 for a second or
subsequent conviction of the proposed law; amends the definition of forged; adds check or draft to the definition of monetary instrument;
adds limited liability companies and federally insured financial institutions to the definition of organization; requires full restitution to the
victim or any other person who has suffered a financial loss as a result of a conviction for a second or subsequent conviction of the
proposed law.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety and Corrections –
Corrections Services (DPS&C – CS), if a person receives a second or subsequent conviction for monetary instrument abuse. Proposed law
has the effect of mandating a minimum sentence of imprisonment for no less than one year for those convicted of a second or subsequent
offense of monetary instrument abuse. Proposed law is a relative felony, and any impact on either local or state expenditures is
contingent on whether offenders sustain either misdemeanor or felony-grade convictions for its violation.
For those convicted and then subsequently housed in a state facility, DPS&C-CS will sustain expenditures of $107.60 per offender per day,
or $26.39 per offender per day for those housed in local facilities. DPS&C-CS advises that impacts on offender populations are anticipated
to impact the number of offenders held in local facilities, and that in managing its offender population, it seeks to fill all beds in state
facilities first, then assigns overflow offenders to local facilities. For those convicted, sentenced, and then subsequently housed in a local
facility, DPS&C-CS will sustain expenditures of $26.39 per offender per day. The exact fiscal impact of the passage of this legislation is
indeterminable, because it is not known how many people will be convicted and subject to a sentence of imprisonment as a result of its
potential enactment.
To the extent that offenders sustain a second or subsequent misdemeanor conviction for violation of the proposed law, local governing
authorities may sustain an increase in Local Funds expenditures. The exact fiscal impact of the passage of this legislation to local
governing authorities is indeterminable, since it is not known how many people will be convicted and incarcerated in local facilities, nor the
length of the sentences assessed with those convictions as a result of its potential enactment. The maximum imprisonment term is no
more than 10 years at the local level.
For informational purposes, the DPS&C-CS reports that an average of 132 offenders have been admitted annually over the past three
years for the crime of monetary instrument abuse, of which 31 are currently incarcerated for a second or subsequent conviction. The
average sentence imposed is 3.36 years, or 2.86 years longer than the minimum sentence allowable under current law (six months). To
the extent that sentencing practices increase the average sentences assessed for violation of the proposed law, there may be a fiscal
impact with its enactment.
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of second or subsequent convictions of monetary
instrument abuse. The exact fiscal impact of the passage of this legislation on local revenue is indeterminable, as the fines that would be
imposed on those convicted are optional, and the amount of the fines imposed on those convicted may vary. The potential revenue will
accrue to the local governing authority.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer


Statutes affected:
HB214 Original:
HB214 Engrossed:
HB214 Enrolled:
HB214 Act :