Fiscal Note
Fiscal Services Division
SF 144 – Assault, Pointing Lasers at Aircraft (LSB1221SV.1)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 144 expands the definition of assault under Iowa Code section 708.1(2)(d) to
include intentionally pointing a laser emitting a visible light beam toward an aircraft.
Background
The penalties for assault are defined under Iowa Code sections 708.2 and 708.3 and range
from a simple misdemeanor to a Class C felony depending on the circumstances of the offense.
Felonies and misdemeanors are punishable by the terms defined in Iowa Code chapters 902
and 903 respectively.
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370
but not more than $13,660. A Class D felony is punishable by confinement for up to five years
and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is
punishable by confinement for up to two years and a fine of at least $855 but not more than
$8,540. A serious misdemeanor is punishable by confinement for up to one year and a fine of
at least $430 but not more than $2,560. A simple misdemeanor is punishable by confinement
for up to 30 days and a fine of at least $105 but not more than $855.
Current law prohibits intentionally pointing a laser at another person with intent to cause pain or
injury under Iowa Code section 708.1(2). According to the Justice Data Warehouse, in FY 2022
there were no convictions.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and
other criminal justice system policies and procedures.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first
entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 144 expands the definition of assault under Iowa Code section 708.1(2) to include
intentionally pointing a laser at an aircraft. The correctional impact cannot be determined as it is
unknown how many new convictions would result under the Bill. Figure 1 shows estimates for
sentencing to State prison, parole, probation, or community-based corrections (CBC) residential
facilities; LOS under those supervisions; and supervision marginal costs per day for all
convictions of Class C felonies, Class D felonies, aggravated misdemeanors, and serious
misdemeanors. A conviction for a simple misdemeanor will not result in a prison sentence but
carries the possibility of confinement for up to 30 days. Marginal county jail costs are estimated
to be $50 per day. Refer to the Legislative Services Agency (LSA) memo addressed to the
1
General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16,
2024, for information related to the correctional system.
Figure 1 – Sentencing Estimates and Length of Stay (LOS)
Percent
Percent FY 2023 Marginal FY23 sentenced Marginal Percent
Ordered Avg LOS in Prison Percent Field Avg Avg Cost to CBC Cost Ordered Marginal FY23 Field Marginal
Conviction Offense to State Prison (All Cost Per Ordered to LOS on Per Day on Residential CBC Per to County Cost Per Avg LOS Cost Per
Class Prison Releases) Day Probation Probation Probation Facility Day Jail Day Jail on Parole Day Parole
C Felony (Persons) 89.9% 50.3 $24.94 27.2% 41.3 $ 7.67 4.3% $ 20.00 52.0% $ 50.00 22.3 $ 7.67
D Felony (Persons) 82.6% 20.5 $24.94 53.9% 35.3 $ 7.67 9.8% $ 20.00 36.9% $ 50.00 15.6 $ 7.67
Aggravated Misdemeanor
30.4% 7.5 $24.94 45.0% 25.1 $ 7.67 3.6% $ 20.00 71.7% $ 50.00 11.9 $ 7.67
(Non-Persons)
Serious Misdemeanor 1.7% 6.6 $24.94 53.0% 19.2 $ 7.67 1.2% $ 20.00 74.2% $ 50.00 N/A $ 7.67
Minority Impact
Senate File 144 expands the definition of assault under Iowa Code section 708.1(2) to include
intentionally pointing a laser at an aircraft. As a result, the Criminal and Juvenile Justice
Planning Division of the Department of Management cannot use existing data to estimate the
minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly,
Minority Impact Statement, dated January 20, 2023, for information related to minorities in the
criminal justice system.
Fiscal Impact
Senate File 144 expands the definition of assault under Iowa Code section 708.1(2), and the
fiscal impact cannot be determined due to a lack of existing conviction data. Figure 2 below
shows the average State cost per offense for a Class C felony, Class D felony, aggravated
misdemeanor, serious misdemeanor, and simple misdemeanor. The estimated impact to the
State General Fund includes operating costs incurred by the Judicial Branch, the Indigent
Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across
multiple fiscal years for prison and parole supervision.
Figure 2 – Average State Cost Per Offense
Offense Class Average Cost
Class C Felony $14,300 to $27,500
Class D Felony $12,600 to $18,200
Aggravated Misdemeanor $7,500 to $10,800
Serious Misdemeanor $400 to $6,900
Simple Misdeameanor $40 to $400
Sources
Department of Corrections
Criminal and Juvenile Justice Planning Division, Department of Management
Department of Public Defense
/s/ Jennifer Acton
May 3, 2024
Doc ID 1449724
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov
2


Statutes affected:
Introduced: 708.1
Enrolled: 708.1