LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 852 HLS 24RS 2130
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 22, 2024 9:50 AM Author: LANDRY, MANDIE
Dept./Agy.: Corrections
Subject: Malfeasance in Office Analyst: Daniel Druilhet
CRIME EN SEE FISC NOTE GF EX Page 1 of 1
Increases the penalties for malfeasance in office
Current law provides for the crime of malfeasance in office and related penalties. Proposed law changes the penalty for the
crime of malfeasance in office from no more than 5 years, with or without hard labor, or a fine of no more than $5,000, or
both, to no more than 10 years, with or without hard labor, or a fine of no more than $5,000, or both.
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 SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
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 is convicted of malfeasance in office. Proposed law has the
effect of raising the maximum sentence of imprisonment for malfeasance in office to no more than 10 years imprisonment,
with or without hard labor. 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, sentenced, 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.
To the extent that offenders sustain misdemeanor convictions for malfeasance in office, local governing authorities may incur
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, DPS&C reports that there have been an average of 4 admissions in the past three years with an
average sentence length of 3.9 years for those convicted of malfeasance in office.
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of convictions of malfeasance in office.
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 fines, if imposed, 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:
HB852 Original: 14:134(C)(1)
HB852 Engrossed: 14:134(C)(1)
HB852 Enrolled: 14:134(C)(1)
HB852 Act : 14:134(C)(1)