Bill Summary – FastDemocracy

Fiscal Note
                                         Fiscal Services Division
HF 2302 – Assaults, Persons Engaged in Certain Occupations and by Inmates (LSB5387HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2302 expands occupations under Iowa Code section 708.3A related to assault
against certain occupations to include employees of the Department of Inspections, Appeals,
and Licensing (DIAL). The Bill elevates the penalties for assault from a Class D felony to a
Class C felony and from an aggravated misdemeanor to a Class D felony.
The Bill also provides that a person who, while confined in a jail, institution, or facility under the
control of the Department of Corrections (DOC), ejects saliva in a manner intending to cause
pain or injury, or to be insulting or offensive, commits an act of assault.
Background
Assault as it relates to the Bill is defined in Iowa Code section 708.1. To commit assault under
Iowa Code section 708.3A, the person committing the assault must know that the person
against whom the assault is committed is engaged in an occupation detailed in that Iowa Code
section.
Iowa Code sections 708.3A(1) through 708.3A(4) relate to assault against persons engaged in
certain occupations as follows:
• Iowa Code section 708.3A(1) relates to assaults with the intent to inflict a serious injury and
    establishes such assaults as a Class D felony under current law.
• Iowa Code section 708.3A(2) relates to assaults with the use or display of a dangerous
    weapon in connection with an assault and establishes such assaults as a Class D felony
    under current law.
• Iowa Code section 708.3A(3) relates to assault causing bodily injury or mental illness and
    establishes such assaults as an aggravated misdemeanor under current law.
• Iowa Code section 708.3A(4) relates to all other forms of assault and establishes such
    assaults as a serious misdemeanor under current law.
Under the Bill, the penalties under Iowa Code sections 708.3A(1) through 708.3A(4) would be
enhanced as follows:
• Assaults under Iowa Code section 708.3A(1) would become a Class C felony.
• Assaults under Iowa Code section 708.3A(2) would become a Class C felony.
• Assaults under Iowa Code section 708.3A(3) would become a Class D felony.
• Assaults under Iowa Code section 708.3A(4) would become an aggravated misdemeanor.
   A person who violates the section would be required to serve a minimum term of seven days
   of the sentence imposed by law and would not be eligible for suspension of the minimum
   sentence.
Under Iowa Code section 708.3B, a person who, while confined in a jail, institution, or facility
under the control of the DOC, assaults or commits an act that is intended to cause pain or
injury, or be insulting or offensive, to an employee of the jail, institution, or facility, and that
                                                   1
results in the employee coming into contact with blood, seminal fluid, urine, or feces, commits a
Class D felony. The Bill adds saliva to these bodily excretions.
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. An aggravated misdemeanor is
punishable by confinement for up to two years and a fine of at least $855 but no more than
$8,540.
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.
• The expansion of the definition of assault will increase the number of prosecutions.
• If the average cost per claim of the increased level of offense remains, there will be a 20.0%
   increase in the average claim cost under Iowa Code sections 708.3A(1) through 708.3A(4)
   to the Office of the State Public Defender (SPD).
• Contract attorney pay will be the same as current hourly rates.
Correctional Impact
House File 2302 enhances various crimes under Iowa Code section 708.3A and expands
definitions to include assaults in which a person employed in certain occupations comes into
contact with saliva. It is not known how many additional convictions under Iowa Code section
708.3A or 708.3B would result from the expanded definitions; therefore, the correctional impact
cannot be estimated for that provision of the Bill.
House File 2302 is estimated to increase the LOS for individuals admitted to prison and
Community-Based Corrections (CBC). In FY 2023, there were 27 individuals admitted to prison,
10 individuals admitted to parole, and 101 individuals admitted to probation for a most serious
offense under Iowa Code section 708.3A. Under the Bill, the DOC estimates that prison and
parole admissions would be enhanced. The probation counts would be redistributed given the
enhancements, since some individuals would be ordered to prison under the Bill. Due to
increased LOS and additional individuals admitted to prison, the Bill is estimated to increase the
prison population.
Refer to the 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.
Minority Impact
House File 2302 increases the penalties for assaults on persons in certain occupations.
Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM)
estimates that the increased penalties would result in an increase in prison admissions. Of the
627 individuals convicted under Iowa Code section 708.3A in FY 2023, 66.5% were White,
23.5% were Black, and 9.9% were other races. Iowa’s population is 89.8% White, 4.4% Black,
and 5.8% other races. 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.
                                                2
Fiscal Impact
House File 2302 is anticipated to increase prison admissions and LOS, which would increase
costs to the DOC by approximately $1.1 million. Figure 1 represents the cost of all individuals
admitted to DOC supervision in one year under Iowa Code sections 708.3A(1) through
708.3A(4) and under HF 2302. This cost would recur for each annual group of admissions.
                        Figure 1 — Fiscal Impact to the DOC Under HF 2302
                                          Current Cost Under     Fiscal
                      Iowa Code Section     Cost     HF 2302    Impact
                      708.3A(1)           $ 158,990 $ 407,361 $ 248,371
                      708.3A(2)             191,031   511,370     320,339
                      708.3A(3)             309,555   701,032     391,477
                      708.3A(4)             250,702   350,378      99,676
                      Total Fiscal Impact                     $ 1,059,863
House File 2302 enforces a minimum sentence and increases the level of offense, which is
anticipated to create costs to the SPD. In FY 2023, there were 570 claims under Iowa Code
sections 708.3A(1) through 708.3A(4) paid from the Indigent Defense Fund, totaling $392,000.
The increased level of offense would increase the estimated claim cost to the SPD by $131,000.
The addition of the excretion of saliva as a form of assault is also estimated to increase the
claims to the SPD, causing an increased cost of approximately $4,000. These changes would
result in a total estimated fiscal impact to the Indigent Defense Fund of $135,000.
Figure 2 shows the total estimated fiscal impact of House File 2302.
                            Figure 2 — Total Fiscal Impact Under HF 2302
                                  State Agency         Fiscal Impact
                               DOC                   $       1,059,863
                               SPD                              134,524
                               Total Fiscal Impact $         1,194,387
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Office of the State Public Defender
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                               February 26, 2024
Doc ID 1447332
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
                                                          3
Statutes affected: 
Introduced: 708.3A