Fiscal Note
Fiscal Services Division
SF 2282 – Robbery, Statute of Limitations (LSB5643SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2282 extends the statute of limitations for robbery in the first degree under Iowa
Code section 711.2, and robbery in the second degree under Iowa Code section 711.3, from
three years to five years after the commission of the offense.
Background
Under Iowa Code section 802.3, for any felony except for those enumerated in Iowa Code
section 802.1 (murder), 802.2 (sexual abuse — first, second, or third degree), 802.2A (incest),
802.2B (other sexual offenses), 802.2C (kidnapping), 802.2D (human trafficking), 802.2E
(sexual abuse — fourth degree), or 802.10 (DNA profile of accused), an indictment or
information for a felony must be found within three years after the commission of the offense.
Robbery in the first degree is a Class B felony, which is punishable by confinement for up to 25
years. Under Iowa Code section 902.12, this offense carries a mandatory minimum term. A
person commits robbery in the first degree when, while perpetrating a robbery, the person
purposely inflicts or attempts to inflict serious injury or is armed with a dangerous weapon.
Robbery in the second degree is a Class C felony, which is punishable by confinement for up to
10 years and a fine of at least $1,370 but no more than $13,660. Under Iowa Code section
902.12, this offense carries a mandatory minimum. All robbery that is not robbery in the first
degree is robbery in the second degree.
In FY 2023, 24 individuals were convicted of robbery in the first degree under Iowa Code
section 711.2 and 56 individuals were convicted of robbery in the second degree under Iowa
Code section 711.3.
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
The correctional impact of expanding the existing statute of limitations for robbery in the first
degree and robbery in the second degree from three years to five years cannot be estimated
due to a lack of 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 B and Class C felonies.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly,
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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
B Felony (Persons) 95.2% 132.1 $24.94 9.7% 53.3 $ 7.67 2.1% $ 20.00 45.5% $ 50.00 26.7 $ 7.67
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
Minority Impact
Senate File 2282 extends the statute of limitations for robbery in the first degree and robbery in
the second degree from three years to five years and may disproportionately impact Black
individuals if trends remain constant. Of the 24 individuals convicted in FY 2023 of first-degree
robbery under Iowa Code section 711.2, 25.0% were White, 66.7% were Black, and 8.3% were
of other races. Of the 52 individuals convicted in FY 2023 of second-degree robbery under
Iowa Code section 711.3, 34.6% were White, 48.1% were Black, and 17.3% were of 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.
Fiscal Impact
Senate File 2282 extends the statute of limitations for first-degree and second-degree robbery,
and the fiscal impact cannot be estimated due to a lack of data. Figure 2 shows the average
State cost per offense for a Class B felony and a Class C felony. 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 B Felony $16,100 to $55,200
Class C Felony $14,300 to $27,500
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
March 18, 2024
Doc ID 1448097
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: 711.2, 802.1