Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 270 – Murder Accessory (LSB2251XS)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 270 increases the penalty for accessory after the fact from an aggravated
misdemeanor to a Class D felony if the public offense committed was murder in the first degree,
murder in the second degree, or solicitation to commit murder.
Background
Under Iowa Code section 703.3, any person with knowledge of a public offense and who
committed it, and who is not married to the person who committed the offense, who harbors,
aids, or conceals the person who committed the offense, with the intent to prevent the
apprehension of the person who committed the offense, commits accessory after the fact. The
penalty is as follows:
• An aggravated misdemeanor if the public offense committed was a felony.
• A simple misdemeanor if the public offense committed was a misdemeanor.
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 Class D felony is punishable by confinement for up to 5
years and a fine of at least $1,025 but not more than $10,245.
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 practices.
• 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.
• The marginal cost per day in prison is $23.42.
• In FY 2022, there were two individuals admitted to prison for accessory after the fact for
   which the public offense was murder in the first degree, murder in the second degree, or
   solicitation to commit murder.
• Admissions include only individuals admitted to prison whose most serious offense is
   accessory after the fact.
Correctional Impact
Senate File 270 increases the penalty for some individuals convicted of accessory after the fact
and is estimated to increase the LOS in prison for those individuals. The average LOS in prison
would increase from 7.5 months to 13.9 months. Refer to the Legislative Services Agency
(LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional
Impact Statements, dated January 20, 2023, for information related to the correctional system.
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Minority Impact
The minority impact of Senate File 270 cannot be estimated because of the low number of
individuals admitted to prison in FY 2022 for this offense. 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 270 is estimated to increase costs to the Department of Corrections (DOC) by
approximately $9,000 per group of individuals admitted to prison each year for this offense, as
shown in Table 1. This cost is incurred across the entire LOS. Table 1 represents the cost of
all individuals admitted to prison for this offense in one year. This cost would recur for each
annual group of admissions.
                  Table 1 — Increase in Costs to the DOC Under Senate File 270
                                        Annual Prison Cost Per               LOS
                                         Admissions     Day                 (Days)      Total Cost
              Current Law                       2             $23.42         228.0          $10,680
              Under SF 270                      2             $23.42         422.6          $19,795
              Increase in Cost                                                                $9,115
Sources
Department of Corrections
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                 March 3, 2023
Doc ID 1370282
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
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Statutes affected: 
Introduced: 703.3