Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 2598 – Mob Looting, Criminal Offense (LSB5303HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2598 establishes looting as a new criminal offense and provides definitions and
penalties. Under the Bill, a person commits looting when, without authorization, a person
intentionally enters a dwelling, place of business, vehicle, watercraft, building, plant, or other
structure, whether movable or immovable; acts in joint criminal conduct pursuant to Iowa Code
section 703.2 with another person or group of persons; and the person obtains, exerts control
over, damages, or removes the property of another person.
A person commits looting in the first degree if any of the following occur:
• The total property looted exceeds $10,000 in value.
• The total property looted does not exceed $10,000 in value, but the person looting has
   previously been convicted of looting in the first or second degree.
• The looting involves a dangerous weapon.
Looting in the first degree is a Class C felony and is punishable by the following:
• Commitment to the custody of the Director of the Department of Corrections (DOC) for a
   minimum of 5 years but not more than 10 years.
• Assessment of a fine of at least $1,000 but not more than $10,000.
A person commits looting in the second degree if any of the following occur:
• The total property looted exceeds $1,000 in value but does not exceed $10,000 in value.
• The total property looted does not exceed $1,000 in value, but the person looting has been
   previously convicted of looting in the third degree.
Looting in the second degree is a Class D felony and is punishable by the following:
• Commitment to the custody of the Director of the DOC for a minimum of one and one-half
   years, but not more than five years.
• Assessment of a fine of at least $650 but not more than $7,500.
A person commits looting in the third degree if the total property looted exceeds $300 in value
but does not exceed $1,000 in value.
Looting in the third degree is an aggravated misdemeanor and is punishable by the following:
• Commitment to the custody of the Director of the DOC for no more than two years.
• Assessment of a fine of at least $570 but not more than $6,250.
The Bill also provides that a person whose business or property is injured by an act of looting
may bring a civil action against any person involved in the violation. The person may also
recover up to three times the actual damages sustained and costs and expenses, including
reasonable attorney fees. Each person convicted of looting is jointly and severally liable for any
such injury.
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Background
Under current law, joint criminal conduct occurs when two or more persons act in concert and
knowingly participate in a public offense. When an act of joint criminal conduct occurs, each
person is responsible for the acts of the other throughout the commission of the offense or
escape from the offense. Additionally, each person found guilty is charged at the same level as
other persons involved in the joint criminal conduct.
In FY 2023, there were 8,479 total convictions for property theft under Iowa Code sections
714.2 and 714.2A.
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 2598 creates new criminal offenses, and the correctional impact cannot be
estimated due to a lack of existing 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 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              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
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 (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
                             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
House File 2598 creates new criminal offenses. As a result, Criminal and Juvenile Justice
Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate
the minority impact of the Bill. 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 2598 creates new criminal offenses, and the fiscal impact cannot be estimated due
to a lack of existing conviction data. Figure 2 shows the average State cost per offense for a
Class C felony, a Class D felony, and an aggravated misdemeanor. The estimated impact to
the State 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.
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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
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                 March 5, 2024
Doc ID 1447610
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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