Bill Summary – FastDemocracy

Fiscal Note
                                      Fiscal Services Division
HF 2575 – Fetal Homicide (LSB6024HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2575 amends Iowa Code section 707.8 to replace the words “terminates a human
pregnancy” with “causes the death of an unborn person” and increases penalties. An “unborn
person” is defined as an individual organism of the species homo sapiens from fertilization to
live birth.
The Bill provides penalties as follows:
• A person who causes the death of an unborn person without the consent of the pregnant
   person during the commission of a forcible felony commits a Class A felony.
• A person who causes the death of an unborn person without the consent of the pregnant
   person during the commission of a felony or felonious assault commits a Class A felony.
• A person who intentionally causes the death of an unborn person without the knowledge
   and voluntary consent of the pregnant person commits a Class B felony.
• A person who attempts to intentionally cause the death of an unborn person without the
   knowledge and voluntary consent of the pregnant person commits a Class C felony.
• A person who unintentionally causes the death of an unborn person by any means provided
   pursuant to Iowa Code section 707.6A(1) (homicide or serious injury by vehicle) commits a
   Class B felony.
• A person who by force or intimidation procures the consent of the pregnant person to cause
   the death of an unborn person commits a Class C felony.
• A person who unintentionally causes the death of an unborn person while drag racing in
   violation of Iowa Code section 321.278 commits a Class D felony.
• A person who unintentionally causes the death of an unborn person without the knowledge
   and voluntary consent of the pregnant person by the commission of an act in a manner likely
   to cause the death of or serious injury to an unborn person commits an aggravated
   misdemeanor.
• A person who intentionally causes serious injury to an unborn person by the commission of
   an act in a manner likely to cause the death of or serious injury to an unborn person
   commits an aggravated misdemeanor.
• A person who unintentionally causes serious injury to an unborn person by any of the
   means described in Iowa Code section 707.6A commits an aggravated misdemeanor.
• A person who unintentionally causes serious injury to an unborn person by the commission
   of an act in a manner likely to cause the death of or serious injury to an unborn person
   commits a serious misdemeanor.
Background
In FY 2023, there were zero convictions under Iowa Code section 707.8. In the same fiscal
year, there were no new prison admissions or probation admissions, but there was one parole
admission for the most serious offense under Iowa Code section 707.8.
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A Class A felony is punishable by confinement for life in prison without the possibility of parole
or probation. A Class B felony is punishable by confinement for up to 25 years. A Class C
felony is punishable by confinement for up to 10 years and a fine of at least $1,370 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 $10,045. 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. A serious
misdemeanor is punishable by confinement for up to one year and a fine of at least $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.
Correctional Impact
House File 2575 increases penalties and changes definitions for existing offenses under Iowa
Code section 707.8. The correctional impact cannot be determined due to a lack of 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 B felonies, Class C felonies,
Class D felonies, aggravated misdemeanors, and serious misdemeanors. Class A felonies are
punishable by a mandatory life sentence and do not include parole, probation, or CBC marginal
costs. 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
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 (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
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 2575 increases penalties for existing offenses and changes definitions under Iowa
Code section 707.8. The 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
The fiscal impact of HF 2575 cannot be determined due to a lack of existing data. Figure 2
shows the average State cost per offense for Class A felonies, Class B felonies, Class C
felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. 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.
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                              Figure 2 — Average State Cost Per Offense
                                 Offense Class          Average Cost
                                 Class A Felony      $198,300 to $202,500
                                 Class B Felony       $16,100 to $55,200
                                 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
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                 March 6, 2024
Doc ID 1447562
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: 707.8