Fiscal Note
Fiscal Services Division
SF 2161 – False Reports to Public Safety Entities, Penalties (LSB5339SV.1)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 2161 provides that a person who knowingly reports or is responsible for the report
of false information to a fire department, law enforcement authority, or other public safety entity,
or reports the alleged occurrence of a criminal act while knowing the act did not occur, commits
a Class D felony if the falsely reported criminal act is any of following:
• A forcible felony under Iowa Code section 702.11.
• Intimidation with a dangerous weapon under Iowa Code section 708.6.
• An act of terrorism under Iowa Code chapter 708A.
• Unlawful possession of biological agents or diseases under Iowa Code chapter 708B.
• Any offense under Iowa Code chapter 712.
Under the Bill, a person who falsely reports a crime listed above that results in the serious bodily
injury or death of another person commits a Class C felony.
Background
Iowa Code section 718.6 contains penalties for making a prank call to emergency services to
prompt a response. This is commonly referred to as “swatting.” A person who knowingly
makes a false report to authorities commits a simple misdemeanor. A person who knowingly
makes a false report of a criminal act commits a serious or aggravated misdemeanor. In
FY 2023, there were zero prison admissions for offenses under Iowa Code section 718.6.
There were, however, eight individuals admitted to probation for the most serious offense under
Iowa Code section 718.6 in FY 2023.
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,375
but no 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 no 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 delay 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 2161 creates a new criminal offense, and the correctional impact cannot be
estimated due to a lack of existing conviction data. Figure 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 Class C
felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. Refer to the
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Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates
Used for Correctional Impact Statements, dated January 16, 2024, for information related to the
correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
FY 2023 Percent
Percent Avg LOS Marginal FY23 Field Sentenced to Percent
Ordered in Prison Cost Per Percent Avg LOS Avg Cost CBC Marginal Ordered Marginal FY23 Field Marginal
to State (All Day Ordered to on Per Day on Residential Cost Per to County Cost Per Avg LOS Cost Per
Conviction Offense Class Prison Releases) Prison Probation Probation Probation Facility Day CBC Jail Day Jail on Parole Day Parole
C Felony (Non-Persons) 86.0% 19.4 $ 24.94 64.2% 42.2 $ 7.67 13.0% $ 20.00 34.0% $ 50.00 21.3 $ 7.67
D Felony (Non-Persons) 84.4% 13.0 $ 24.94 69.8% 39.5 $ 7.67 14.5% $ 20.00 32.2% $ 50.00 15.7 $ 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 2161 creates a new criminal offense, and a minority impact cannot be estimated
due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority
Impact Statement, dated January 16, 2024, for information related to minorities in the criminal
justice system.
Fiscal Impact
Senate File 2161 creates a new criminal offense, and the fiscal impact cannot be estimated due
to a lack of existing data. Figure 2 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 Misdemeanor $35 to $400
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
May 1, 2024
Doc ID 1447422
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: 718.6
Enrolled: 718.6