Fiscal Note
Fiscal Services Division
HF 430 – Blocking Roadways (LSB1915HV)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – New
Description
House File 430 relates to public safety, including prohibited acts on fully controlled-access
facilities and disorderly conduct, and provides penalties. The Bill provides that it is unlawful for
a person to operate a bicycle, skateboard, or other pedestrian conveyance or be a pedestrian
anywhere on a fully controlled-access facility. A violation is punishable by a scheduled fine of
$135.
The Bill modifies the crime of disorderly conduct by providing additional penalties greater than a
simple misdemeanor for additional acts of disorderly conduct. Under the Bill, it is a simple
misdemeanor if a person obstructs or attempts to obstruct, without lawful authority, any street,
sidewalk, highway, or other public way, or any business, business drive, parking lot, or business
access, with the intent to prevent or hinder its lawful use by others. Under the Bill, certain acts,
in addition to those listed, would result in increased penalties ranging from an aggravated
misdemeanor to a Class C felony.
Background
Under current law, all disorderly conduct violations are simple misdemeanors. Simple
misdemeanors are punishable by a fine of at least $105 but not more than $855. Felonies and
misdemeanors are punishable by the terms defined in Iowa Code chapters 902 and 903,
respectively.
Under Iowa Code section 602.8106(4)(b), scheduled fine revenue for a State law violation is
distributed as follows: 91.0% to the State and 9.0% to the county in which the violation
occurred. Of the State share of fine revenue, 1.3% is distributed to the Emergency Medical
Services Fund and 98.7% is distributed to the State General Fund. In addition to the scheduled
fine, a Crime Services Surcharge, equal to 15.0% of the fine, and a $55 fee for court costs are
also imposed. The fee assessed for court costs is remitted to the State Court Administrator and
distributed to the State General Fund.
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 lag effect 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 430 expands the definition of disorderly conduct to include actions not previously
penalized under Iowa Code section 723.4, and as a result, the correctional impact cannot be
estimated due to a lack of existing data. In FY 2019 and FY 2020, there were a combined total
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of 1,948 disorderly conduct convictions. House File 430 also expands Iowa Code section
321.366 to include new actions, which would be punishable as a scheduled violation. The
punishment for a scheduled violation under this Bill does not include the possibility of
imprisonment and therefore would not have a correctional impact.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-
Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision
marginal costs per day for all convictions ranging from aggravated misdemeanors to Class C
felonies. The LOS data is not applicable to simple or serious misdemeanors. Refer to the
Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates
Used for Correctional Impact Statements, dated January 26, 2021, for information related to the
correctional system.
Table 1 — Sentencing Estimates and LOS
Avg Percent FY 20 Percent FY 20
Length of FY 20 Percent Avg Cost Sentenced Marginal Ordered Marginal
Stay Marginal Ordered Avg LOS Per Day to CBC Cost to Marginal Avg Cost
Conviction Offense Percent Prison Cost/Day to on on Residential CBC Per County Cost LOS on Per Day
Class to Prison (months) Prison Probation Probation Probation Facility Day Jail Per Day Parole Parole
Class C Felony
(Persons) 89.0% 38.6 $20.33 27.9% 34.1 $5.38 5.5% $14.78 49.1% $50.00 21.5 $5.38
Class D Felony
(Persons) 77.0% 16.0 $20.33 47.8% 30.5 $5.38 10.5% $14.78 38.6% $50.00 11.5 $5.38
Aggr. Misd.
(Persons) 43.0% 7.1 $20.33 51.7% 20.2 $5.38 3.3% $14.78 70.7% $50.00 6.0 $5.38
Minority Impact
Of the 1,948 disorderly conduct convictions in FY 2019 and FY 2020, 71.6% were committed by
Caucasians and 20.4% were committed by African Americans. In FY 2020, Caucasians and
African Americans made up 89.9% and 4.1% of the adult population of the State of Iowa,
respectively.
House File 430 expands the definition of disorderly conduct to include actions not previously
penalized under Iowa Code sections 723.4 and 321.366. As a result, the Criminal and Juvenile
Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing
data to estimate the minority impact. Refer to the LSA memo addressed to the General
Assembly, Minority Impact Statement, dated January 26, 2021, for information related to
minorities in the criminal justice system.
Fiscal Impact
House File 430 expands the definition of disorderly conduct, and the fiscal impact cannot be
estimated. Table 2 contains cost estimates for the average State cost per offense class type for
one conviction. The cost estimate includes operating costs incurred by the Judicial Branch, the
State Public Defender, and the Department of Corrections for one conviction. The cost would
be incurred across multiple fiscal years for prison and parole supervision.
Table 2 — Average State Cost Per Offense Class Type
Total Cost
Offense Class Minimum Maximum
Aggravated Misdemeanor $ 3,700 $ 7,800
Class D Felony 7,700 13,500
Class C Felony 9,900 19,200
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The scheduled fine established by HF 430 may also result in an increase in fine and surcharge
revenue, but the impact is unknown. Table 3 shows the distribution of fine and surcharge
revenue under current law.
Table 3 — Fine and Surcharge Revenue Distribution
Fine Distribution 15.0% Crime Services Surcharge Distribution
15.0% 91.0% to State 46.0% to
Crime General 32.0% to 20.0% to 2.0% to Juvenile Home
Code Scheduled Services Fund/EMS* 9.0% to Victim Criminalistics DARE** Detention Court
Section Fine Surcharge Fund County Comp. Fund Lab Fund Fund Fund Costs
321.366 $135 $20.25 $122.85 $12.15 $6.48 $4.05 $0.41 $9.32 $55.00
*Emergency Medical Services Fund (EMS) ** Drug Abuse Resistance Education (DARE)
Sources
CJJP, Department of Human Rights
Department of Corrections
Judicial Branch
/s/ Holly M. Lyons
February 9, 2021
Doc ID 1211942
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: 321.366