LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 238 HLS 21RS 810
Bill Text Version: ORIGINAL
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: April 12, 2021 8:27 AM Author: MOORE
Dept./Agy.: Corrections
Subject: Creates crime: intentional exposure to STDs Analyst: Rebecca Robinson
CRIME/SEX OFFENSES OR INCREASE GF EX See Note Page 1 of 1
Creates the crimes of felony and misdemeanor intentional exposure to a sexually transmitted disease
Proposed legislation creates the crime of felony intentional exposure to a sexually transmitted disease, provides for
affirmative defenses, and provides for penalties. Proposed legislation also creates the crime of misdemeanor intentional
exposure to a sexually transmitted disease and provides for penalties.
EXPENDITURES 2021-22 2022-23 2023-24 2024-25 2025-26 5 -YEAR TOTAL
State Gen. Fd. INCREASE INCREASE INCREASE INCREASE INCREASE
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 INCREASE INCREASE INCREASE INCREASE INCREASE
Annual Total
REVENUES 2021-22 2022-23 2023-24 2024-25 2025-26 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 INCREASE INCREASE INCREASE INCREASE INCREASE
Annual Total
EXPENDITURE EXPLANATION
There will be an indeterminable increase in SGF expenditures to the Department of Public Safety & Corrections - Corrections
Services (DPS&C) to the extent a person is convicted of felony intentional exposure to a sexually transmitted disease. The
exact fiscal impact of this legislation is indeterminable, since the legislation creates a new crime and it is not known how
many individuals will be convicted of the crime. However, any offender sentenced to the custody of DPS&C increases SGF
expenditures of $26.39 per day per offender in adult local housing and $67.36 per day per offender in a state facility. Any
offender convicted of this crime would cost DPS&C $9,632 annually ($26.39 per day per offender x 365 days) per offender in
adult local housing and $24,586 annually ($67.36 per day per offender x 365 days) per offender in a state facility.
Penalties for conviction of felony intentional exposure to a sexually transmitted disease range from a fine of $5,000 to
$20,000 and incarceration from 5 years to 99 years, depending on the age of the perpetrator and the age of the victim.
There is no direct material effect on DPS&C expenditures if a person is convicted of misdemeanor intentional exposure to a
sexually transmitted disease. This crime is a misdemeanor; therefore, these offenders are not sentenced to DPS&C. Local
law enforcement agencies may realize an indeterminable increase in expenditures associated with prison costs. The cost
increase will depend on the number of persons convicted, the minimum sentence an offender serves, and the cost per day
for a local law enforcement agency to incarcerate an offender.
REVENUE EXPLANATION
There may be an indeterminable increase in local funds revenue as a result of potential fines if a person is convicted of
felony intentional exposure to a sexually transmitted disease, with a potential maximum fine of $20,000. The potential
revenue will accrue to local government entities.
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 Alan M. Boxberger
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director