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-SECOND REGULAR SESSION
-HOUSE BILL NO. 2889
-103RD GENERAL ASSEMBL Y
-INTRODUCED BY REPRESENT A TIVE POLLITT .
-6563H.01I JOSEPH ENGLER, Chief Clerk
-AN ACT
-T o repeal section 579.022, RSMo, and to enact in lieu thereof one new section relating to the
-of fense of delivery of a controlled substance causing death, with a penalty provision.
-Be it enacted by the General Assembly of the state of Missouri, as follows:
-Section A. Section 579.022, RSMo, is repealed and one new section enacted in lieu
-2 thereof, to be known as section 579.022, to read as follows:
-579.022. 1. A person commits the of fense of delivery of a controlled substance
-2 causing death if a person delivers or distributes a controlled substance under section 579.020
-3 [ knowing such substance is mixed with another controlled substance ] and a death results from
-4 the use of such controlled substance.
-5 2. It shall not be a defense that the user contributed to the user's own death by using
-6 the controlled substance or consenting to the administration of the controlled substance by
-7 another .
-8 3. The of fense of delivery of a controlled substance causing death is a class A felony .
-9 4. For purposes of this section, "controlled substance" means a Schedule I or
-10 Schedule II controlled substance, as defined in section 195.017.
-✔
-EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
-intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
+COMMITTEE ON LEGISLATIVE RESEARCH
+OVERSIGHT DIVISION
+
+FISCAL NOTE
+
+ L.R. No.: 6563H.01I
+ Bill No.: HB 2889
+ Subject: Crimes and Punishment; Criminal Procedure; Drugs and Controlled Substances
+ Type: Original
+ Date: January 19, 2026
+
+Bill Summary: This proposal modifies the offense of delivery of a controlled substance
+causing death.
+
+FISCAL SUMMARY
+
+ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
+FUND AFFECTED FY 2027 FY 2028 FY 2029
+
+Total Estimated Net
+Effect on General
+Revenue $0 $0 $0
+
+ESTIMATED NET EFFECT ON OTHER STATE FUNDS
+FUND AFFECTED FY 2027 FY 2028 FY 2029
+
+Total Estimated Net
+Effect on Other
+State Funds $0 $0 $0
+Numbers within parentheses: () indicate costs or losses.
+
+L.R. No. 6563H.01I
+Bill No. HB 2889
+Page 2 of 4
+January 19, 2026
+DD:LR:OD
+
+ESTIMATED NET EFFECT ON FEDERAL FUNDS
+FUND AFFECTED FY 2027 FY 2028 FY 2029
+
+Total Estimated Net
+Effect on All
+Federal Funds $0 $0 $0
+
+ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)
+FUND AFFECTED FY 2027 FY 2028 FY 2029
+
+Total Estimated Net
+Effect on FTE 0 0 0
+
+☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
+     of the three fiscal years after implementation of the act or at full implementation of the act.
+
+☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
+     the three fiscal years after implementation of the act or at full implementation of the act.
+
+ESTIMATED NET EFFECT ON LOCAL FUNDS
+FUND AFFECTED FY 2027 FY 2028 FY 2029
+
+Local Government $0 $0 $0
+
+L.R. No. 6563H.01I
+Bill No. HB 2889
+Page 3 of 4
+January 19, 2026
+DD:LR:OD
+FISCAL ANALYSIS
+
+ASSUMPTION
+
+§579.022 – Delivery of a Controlled Substance
+
+Officials from the Missouri Office of Prosecution Services did not respond to Oversight’s
+request for fiscal impact for this proposal.
+
+Officials from the Department of Corrections (DOC) state that currently, DOC has no one
+incarcerated under §579.022 with an A felony. Therefore, DOC assumes a no impact to this
+section.
+
+Oversight assumes other provisions in statutes are relatively similar and could already be
+charged; therefore, Oversight will reflect DOC’s no impact for fiscal note purposes.
+
+In response to similar legislation from 2026 (HB 2358), officials from the Office of Attorney
+General (AGO) assumed any potential litigation costs arising from this proposal can be
+absorbed with existing resources. The AGO may seek additional appropriations if the proposal
+results in a significant increase in litigation or investigation costs.
+
+Oversight does not have any information to the contrary. Therefore, Oversight assumes the
+AGO will be able to perform any additional duties required by this proposal with current staff
+and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
+
+Officials from the Department of Public Safety - Missouri Highway Patrol and Office of the
+State Public Defender each assume the proposal will have no fiscal impact on their respective
+organizations.
+
+In response to similar legislation from 2026 (HB 2358), officials from the Office of the State
+Courts Administrator assumed the proposal will have no fiscal impact on their organization.
+
+Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
+impact in the fiscal note for these agencies.
+
+FISCAL IMPACT – State Government FY 2027
+(10 Mo.)
+FY 2028 FY 2029
+
+ $0 $0 $0
+
+L.R. No. 6563H.01I
+Bill No. HB 2889
+Page 4 of 4
+January 19, 2026
+DD:LR:OD
+Jessica Harris
+Assistant Director
+January 19, 2026
+Julie Morff
+Director
+January 19, 2026
+FISCAL IMPACT – Local Government FY 2027
+(10 Mo.)
+FY 2028 FY 2029
+
+ $0 $0 $0
+
+FISCAL IMPACT – Small Business
+
+No direct fiscal impact on small businesses would be expected as a result of this proposal.
+
+FISCAL DESCRIPTION
+
+The proposed legislation appears to have no direct fiscal impact.
+
+This legislation is not federally mandated, would not duplicate any other program and would not
+require additional capital improvements or rental space.
+
+SOURCES OF INFORMATION
+
+Attorney General’s Office
+Department of Corrections
+Department of Public Safety - Missouri Highway Patrol
+Office of the State Courts Administrator
+Office of the State Public Defender