Bill Summary – FastDemocracy

Fiscal Note
                                      Fiscal Services Division
SF 2348 – Witness and Juror Tampering (LSB5493SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2348 establishes definitions and increases penalties for witness and juror
tampering.
The Bill establishes the following definitions:
• “Tampering” is defined as acts of bribery, threats, forcible or fraudulent detaining or
   restraining, harassment as described in Iowa Code section 708.7(1), assault as described in
   Iowa Code section 708.1(2), or any public offense.
• “Witness” is defined as a person who has been summoned to testify in any judicial
   proceeding, arbitration, or legislative hearing, or who is listed in the minutes of evidence.
• “Reporting party” is defined as a person who reports or attempts to report a public offense to
   any fire department, law enforcement agency, emergency communications center, or other
   public safety entity or a person who assists or attempts to assist a law enforcement agency
   or prosecuting agency in any criminal investigation or judicial proceeding.
The Bill provides the following penalties:
• A person who tampers with a witness with the intent to prevent an individual from testifying;
   encourages an individual to disobey or avoid a subpoena or other legal process; or
   encourages an individual to withhold evidence, information, or documents commits a
   Class D felony.
• A person who prevents an individual from serving in a judicial proceeding with the intent to
   improperly influence the individual, or tampers with a juror in retaliation for lawful action
   taken by the individual, commits a Class D felony.
• A person who prevents an individual from becoming a reporting party with the intent to
   improperly influence the statements of an individual; encourages an individual to disobey or
   avoid a subpoena or other legal process; encourages the individual to withhold evidence,
   information, or documents; or tampers with a reporting party commits a Class D felony.
• A person who tampers with a witness, juror, or reporting party in a judicial proceeding in
   which a defendant has been charged with a Class A or Class B felony commits a Class C
   felony.
Background
Under Iowa Code section 720.4, a person who offers a bribe, makes a threat, or forcibly detains
or restrains a person who the aggressor believes has been or may have been summoned as a
witness or juror commits an aggravated misdemeanor.
In FY 2023, 18 individuals were convicted of witness and jury tampering under Iowa Code
section 720.4. In the same fiscal year, there were no prison admissions, and three individuals
were admitted to Community-Based Corrections (CBC) supervision for probation or parole. Of
the three individuals, one offense would move from an aggravated misdemeanor to a Class D
felony under the Bill.
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      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 up to two years in confinement and a fine of at least $855, but not 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.
      Correctional Impact
      The correctional impact of SF 2348 cannot be determined due to the low number of convictions
      and admissions to Department of Corrections (DOC) supervision for witness and jury tampering.
      Figure 1 shows estimates for sentencing to State prison, parole, probation, or CBC residential
      facilities; LOS in months under those supervisions; and supervision marginal costs per day for
      Class C felonies, Class D felonies, and aggravated misdemeanors. 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    Marginal            FY23 Field            Sentenced               Percent
                           Ordered Avg LOS in Cost Per    Percent    Avg LOS Avg Cost      to CBC       Marginal Ordered     Marginal FY23 Field Marginal
                           to State Prison (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 (Persons)          89.9%      50.3      $24.94    27.2%       41.3     $    7.67    4.3%       $ 20.00    52.0%     $ 50.00    22.3     $   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
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
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
                           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)
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)
      Minority Impact
      Due to the low number of convictions for this crime in FY 2023, Criminal Juvenile Justice
      Planning (CJJP) of the Department of Management (DOM) cannot use existing conviction data
      to determine a minority impact. Refer to the LSA memo addressed to the General Assembly,
      Minority Impact Statement, dated January 16, 2024, for more information related to minorities in
      the criminal justice system.
      Fiscal Impact
      The fiscal impact cannot be determined but is anticipated to be minimal. Figure 2 shows the
      average State cost per offense for a Class C felony, a Class D felony, and an aggravated
      misdemeanor. Potential impacts to the State General Fund include operating costs incurred by
      the Judicial Branch, the Indigent Defense Fund, and the DOC. Any costs would be incurred
      across multiple fiscal years for prison and parole supervision.
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                              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
Sources
Department of Corrections
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                March 26, 2024
Doc ID 1448407
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: 720.4