Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 630 – Human Trafficking, Penalties (LSB2171HV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 630 increases the penalties for human trafficking under Iowa Code section 710A.2.
The penalty is increased from a Class D felony to a Class B felony, and from a Class C felony to
a Class A felony if the victim is under 18, for the following:
• Knowingly engaging in human trafficking.
• Knowingly engaging in human trafficking by physically restraining or threatening to
   physically restrain another person.
• Knowingly engaging in human trafficking by soliciting services or benefiting from the
   services of a victim.
• Knowingly engaging in human trafficking by abusing or threatening to abuse the law or legal
   process.
• Knowingly engaging in human trafficking by knowingly destroying, concealing, removing,
   confiscating, or possessing any actual or purported government identification of another
   person.
• Benefiting financially or receiving anything of value from knowingly participating in human
   trafficking.
The penalty is increased from a Class C felony, and a Class B felony if the victim is under 18, to
a Class A felony for knowingly engaging in human trafficking by causing or threatening to cause
serious physical injury to another person.
The penalty is increased from an aggravated misdemeanor to a Class D felony, and from a
Class D felony to a Class B felony if the victim is under 18, for the following:
• Knowingly engaging in human trafficking by knowingly providing or facilitating the provision
   of a forged, altered, or fraudulent license purportedly issued for massage therapy or
   cosmetology, or a forged, altered, or fraudulent government identification, to another person
   to force, coerce, entice, assist, facilitate, or permit the other person to perform labor or
   services.
• Knowingly engaging in human trafficking by knowingly forcing, coercing, enticing, assisting,
   facilitating, or permitting another person in possession of a forged, altered, or fraudulent
   license purportedly issued for massage therapy or cosmetology, or a forged, altered, or
   fraudulent government identification, to produce such license or government identification
   upon request of a peace officer.
The Bill provides that a person who is convicted of human trafficking is not eligible for a deferred
judgment or a deferred or suspended sentence.
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Background
Iowa Code section 710A.2 establishes the penalties for human trafficking, ranging from an
aggravated misdemeanor to a Class B felony, depending on the age of the victim and the
specifics of the offense. Iowa Code section 710A.2A establishes the related offense of
solicitation of commercial sexual activity, which is a Class D felony. Solicitation of commercial
sexual activity involves enticing, coercing, or recruiting, or attempting to entice, coerce, or
recruit, either a person who is under 18 years of age or a law enforcement officer or agent who
is representing that the officer or agent is under 18 years of age, to engage in a commercial
sexual activity.
A Class A felony is punishable by lifetime imprisonment without the possibility of parole. A
Class B felony is punishable by confinement for up to 25 years. 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.
In FY 2022, there were no convictions or admissions to Department of Corrections (DOC)
supervision for human trafficking under Iowa Code section 710A.2. For the related crime of
solicitation of commercial sexual activity, there were two convictions and two individuals who
were admitted to prison for this offense in FY 2022.
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
The correctional impact of HF 630 cannot be estimated due to the low number of convictions
and admissions to DOC supervision for human trafficking. The DOC reports that in general,
there are few charges, convictions, and admissions to DOC supervision for human trafficking.
In FY 2022, there were no convictions or admissions to DOC supervision for human trafficking.
For those who are admitted to DOC supervision for human trafficking, the Bill would likely
increase the LOS under DOC supervision.
Table 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 B felonies, Class C felonies, Class D felonies, and
aggravated misdemeanors. A Class A felony is punishable by lifetime imprisonment without the
possibility of parole. 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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                                   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
  B Felony
               95.2%     115.8     $23.42    4.8%      38.3     $7.27      0.0%     $20.67   45.2%    $50.00    33.1    $7.27
 (Persons)
  C Felony
               89.8%      50.1     $23.42   27.6%      39.0     $7.27      3.6%     $20.67   43.2%    $50.00    19.5    $7.27
 (Persons)
  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)
Minority Impact
The minority impact of HF 630 cannot be estimated due to minimal existing conviction data.
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
The fiscal impact of HF 630 cannot be estimated due to the low number of convictions and
admissions to DOC supervision for human trafficking. Table 2 below shows the average State
cost per offense for a Class B felony, Class C felony, Class D felony, and aggravated
misdemeanor. The estimated impact to the State General Fund includes operating costs
incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The cost would be
incurred across multiple fiscal years for prison and parole supervision.
                                  Table 2 — Average State Cost Per Offense
                                     Offense Class                        Average Cost
                                      Class B Felony                    $14,200 to $46,300
                                     Class C Felony                     $12,100 to $25,100
                                     Class D Felony                     $9,500 to $17,400
                                 Aggravated Misdemeanor                  $5,000 to $9,600
The State cost for a Class A felony must be calculated on an individual basis to determine
prison costs. At a minimum, a Class A felony requires two indigent defense attorneys at a cost
of approximately $40,200 and includes court time and jury trial costs ranging from $9,900 to
$14,100.
Sources
Department of Corrections
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Legislative Services Agency
                                                                                      /s/ Jennifer Acton
                                                                                         May 10, 2023
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Doc ID 1374019
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: 710A.2, 152C.5B, 907.3
Enrolled: 710A.2, 152C.5B, 907.3