Fiscal Note
Fiscal Services Division
HF 2321 – Assaults on Health Care Providers (LSB5816HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2321 modifies the definition of a “health care provider” under Iowa Code section
708.3A(5) (assaults on persons engaged in certain occupations). Under the Bill, a “health care
provider” would include a person working, volunteering, or participating in an educational course
of instruction at a hospital, or rural emergency hospital as defined in Iowa Code chapter 135B.
Background
Iowa Code chapter 708 establishes the penalties for assault, and assault is defined under Iowa
Code section 708.1. Under Iowa Code section 708.3A(5), a health care provider means an
emergency medical provider as defined in Iowa Code chapter 147A, or a person licensed or
registered under Iowa Code chapter 148 (medicine, surgery, and osteopathic medicine and
surgery), 148C (physician assistants), 148D (resident physicians), or 152 (nursing) who is
providing emergency medical services.
In FY 2023, there were 627 individuals convicted for assault under Iowa Code section 708.3A.
In the same fiscal year, 26 individuals were admitted to prison, 10 individuals were admitted to
parole, and 101 individuals were admitted to probation for the most serious offense, a Class D
felony, under Iowa Code section 708.3A.
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 $865, but no more than $8,540. A serious misdemeanor is
punishable by confinement for up to one year and a fine of $430, but no more than $2,560.
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 marginal cost per day in prison is $24.94.
Correctional Impact
House File 2321 modifies the definition of a “health care provider” in regard to the assault of
persons engaged in certain occupations. It is not known how many additional convictions of
assault under Iowa Code section 708.3A would result from the expanded definition. Therefore,
the correctional impact cannot be estimated.
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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 D felonies. 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.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Percent
Percent FY 2023 Percent FY23 Sentenced Percent FY23
Ordered to Avg LOS in Marginal Ordered Field Avg Avg Cost to CBC Marginal Ordered Marginal Field Avg Marginal
State Prison (All Cost Per to LOS on Per Day on Residential Cost Per to County Cost Per LOS on Cost Per
Conviction Offense Class Prison Releases) Day Prison Probation Probation Probation Facility Day CBC Jail Day Jail Parole Day Parole
D Felony (Persons) 82.6% 20.5 $24.94 53.9% 35.3 $ 7.67 9.8% $ 20.00 36.9% $ 50.00 15.6 $ 7.67
Aggravated Misdemeanor
47.6% 10.6 $24.94 67.6% 25.1 $ 7.67 5.2% $ 20.00 55.9% $ 50.00 6.7 $ 7.67
(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
House File 2321 expands the definition of an offense, and the minority impact is not able to be
determined since it is not known how many additional convictions would result from the changes
to the definition. 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
House File 2321 may increase the number of offenders admitted to prison under Iowa Code
section 708.3A. However, the extent of the increase in costs to the Department of Corrections
(DOC) is unknown. Figure 2 shows the average State cost per offense for a Class D felony, an
aggravated misdemeanor, and a serious misdemeanor. The estimated impact to the 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.
Figure 2 — Average State Cost Per Offense
Offense Class Average Cost
Class D Felony $12,600 to $18,200
Aggravated Misdemeanor $7,500 to $10,800
Serious Misdemeanor $400 to $6,900
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
February 22, 2024
Doc ID 1445997
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