Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 521 – Assault, Sports Officials (LSB2322SV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 521 adds sports officials to the list of occupations to which enhanced penalties
apply under Iowa Code section 708.3A related to assault when the assault is perpetrated on an
individual of that occupation in specified circumstances.
The Bill takes effect upon enactment.
Background
Under Iowa Code section 708.3A, the penalty for committing an assault against a person of the
listed occupations, with knowledge that the person is a member of that occupation, is as follows:
• A Class D felony for assault with the intent to inflict a serious injury.
• A Class D felony for assault when using or displaying a dangerous weapon in connection
     with the assault.
• An aggravated misdemeanor for assault causing bodily injury or mental illness.
• A serious misdemeanor for any other assault.
The occupations to which enhanced penalties apply under Iowa Code section 708.3A include
peace officers, jailers, correctional staff, members or employees of the Board of Parole, health
care providers, employees of the Department of Human Services, employees of the Department
of Revenue, National Guard members, civilian employees of a law enforcement agency, civilian
employees of a fire department, and fire fighters.
Under Iowa Code section 708.2, the standard penalties for assault are as follows:
• An aggravated misdemeanor for assault with the intent to inflict a serious injury.
• An aggravated misdemeanor for assault when using or displaying a dangerous weapon in
   connection with the assault.
• A serious misdemeanor for assault causing bodily injury or mental illness.
• A Class D felony for assault without the intent to inflict serious injury but causing serious
   injury.
• A Class C felony for assault with the use of any object to penetrate the genitalia or anus of
   another person.
• A simple misdemeanor for any other assault.
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.
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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.
Correctional Impact
Senate File 521 expands the definition of an existing criminal offense, and the correctional
impact cannot be determined due to a lack of existing conviction data. Table 1 shows estimates
for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC)
residential facilities; LOS in months under those supervisions; and supervision marginal costs
per day for all convictions of Class D felonies, aggravated misdemeanors, and serious
misdemeanors. 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.
                                   Table 1 — Sentencing Estimates and LOS
                       FY 22 Avg    FY 22                                Percent             Percent           FY 22    FY 22
              Percent   LOS in     Marginal Percent FY 22 Avg FY 22 Avg Sentenced FY 22 Ordered               Avg LOS Marginal
 Conviction   Ordered Prison in Cost Per Ordered LOS on        Cost Per   to CBC    Marginal    to   Marginal   on     Cost Per
   Offense    to State Months (All   Day      to    Probation    Day    Residential Cost Per County Cost Per Parole in   Day
    Class      Prison  Releases) Prison Probation in Months Probation     Facility  Day CBC    Jail  Day Jail Months    Parole
   D Felony
               79.6%      19.7     $23.42   59.0%     33.2      $7.27      8.6%     $20.67   26.3%    $50.00    14.4    $7.27
  (Persons)
 Aggravated
Misdemeanor    45.5%      9.7      $23.42   64.9%       --      $7.27      3.8%     $20.67   55.6%    $50.00    7.0     $7.27
  (Persons)
  Serious
               1.9%       5.5      $23.42   51.2%     13.7      $7.27      0.9%     $20.67   73.3%    $50.00    0.5     $7.27
Misdemeanor
Minority Impact
Senate File 521 expands the definition of an existing criminal offense. As a result, the Division
of Criminal and Juvenile Justice Planning cannot use prior existing data to estimate the minority
impact. However, of the 843 convictions for assault under Iowa Code section 708.3A in
FY 2022, 66.3% were Caucasian, 23.1% were African American, and 10.6% were other races.
Iowa’s population is 84.5% Caucasian, 3.6% African American, and 11.9% other races. 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 521 expands the definition of an existing criminal offense, and the fiscal impact
cannot be determined. Table 2 shows the average State cost per offense for a Class D felony,
aggravated misdemeanor, and serious 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. The cost would be incurred across multiple fiscal
years for prison and parole supervision.
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                               Table 2 — Average State Cost Per Offense
                                  Offense Class                    Average Cost
                                  Class D Felony                 $9,500 to $17,400
                            Aggravated Misdemeanor                $5,000 to $9,600
                              Serious Misdemeanor                  $400 to $5,600
Sources
Department of Corrections
Department of Human Rights, Criminal and Juvenile Justice Planning Division
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                 March 7, 2023
Doc ID 1370438
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: 708.3A