Fiscal Note
Fiscal Services Division
SF 342 – Public Safety Omnibus (LSB1528SV.2)
Staff Contact: Adam Broich (515.281.8223) adam.broich@legis.iowa.gov
Fiscal Note Version – REVISED As amended by S-3158 (House Amendment)
Revision on page 2 under Division III, text in 4th bullet
Description
Senate File 342 as amended relates to numerous issues involving law enforcement and public
safety, including public records, fraudulent filings, public safety employee benefits and workers’
compensation, eluding law enforcement, makes changes to certain criminal offenses and sheriff
salaries, officer rights, and qualified immunity.
A summary table of impacts is provided in Table 7 at the end of this document.
Division I: Public Records — Confidentiality — Civil Enforcement
This Division expands the definition of persons eligible to participate in the Address
Confidentiality Program under Iowa Code chapter 9E to include an Iowa resident, adult, minor,
or incapacitated person who is one of the following:
• A victim of domestic abuse, including but not limited to assault, stalking, and human
trafficking.
• A currently active or retired State or local judicial officer, or a spouse or child thereof.
• A currently active or retired State or local prosecuting attorney, or a spouse or child thereof.
• A currently active or retired peace officer, or a spouse or child thereof.
This Division also describes situations in which individuals are not assessed damages when
violating Open Records Law under Iowa Code chapter 22. The Bill also establishes procedures
for the county assessor to redact the names of former and current police officers from electronic
records available online.
Division II: Uniform Commercial Code — Fraudulent Filings
This Division amends procedures for the filing office to refuse to accept a financial statement
that is out of compliance with the Uniform Commercial Code (UCC). This Division also creates
a new simple misdemeanor for UCC records filed with the intent to harass or defraud.
Division III: Accrued Sick Leave — Retired Public Safety Employees
This Division provides that a retired public safety employee who has applied for retirement
benefits under an eligible retirement system shall receive credit for all accumulated and unused
sick leave, which shall be converted to current value and credited to the employee’s account for
the purpose of paying monthly health insurance premiums. Upon the death of the employee,
the surviving spouse shall be entitled to these same benefits. It is current Department of Public
Safety practice to allow retiring employees to convert sick leave upon retirement for this
purpose. The provision extends the benefit to the surviving spouse.
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Division IV: Workers’ Compensation — Actions and Offsets
This Division prohibits certain workers’ compensation benefits related to medical expenses,
vacation, sick, or unpaid leave from being offset under the Iowa Public Employees’ Retirement
System and the Police Officers’ Retirement System (IPERS).
Division V: Civil Service Commission Examinations
This Division requires Civil Service Commissions to hire persons with expertise to prepare and
administer examinations approved by the Commission for entrance and promotional
examinations. Under current law, Commissions may choose to hire individuals with expertise.
Division VI: Law Enforcement — Eluding Law Enforcement — Carrying Firearms
This Division expands eluding law enforcement to include eluding law enforcement in an
unmarked vehicle, or an officer who is not in uniform. The Division also requires that a peace
officer shall not be prohibited from carrying a firearm while performing official duties. Penalties
for eluding law enforcement may be a serious misdemeanor to a Class C felony.
Division VII: Assaults Involving Lasers
This Division expands the definition of assault to include intentionally pointing a laser emitting a
visible light beam at another person with the intent to cause pain or injury to another. The
definition does not apply to:
• A law enforcement officer who uses a laser in discharging or attempting to discharge the
officer’s official duties.
• A health care professional who uses a laser in providing services or to any other person who
is licensed or authorized by law to use a laser or uses it in the performance of official duties.
• A person who uses a laser to play laser tag, paintball, and other similar games using light-
emitting diode technology.
Division VIII: Assault — Harassment — Criminal Mischief — Disorderly Conduct
This Division makes the following changes to penalties:
• Prohibits operating a bicycle, skateboard or other pedestrian conveyance on a fully
controlled-access facility as defined in Iowa Code section 321.366(2) (Acts Prohibited on
Fully Controlled-Access Facilities). There is a fine of $135 for fines levied under this Iowa
Code section.
• Adds civilian employee of law enforcement agencies or fire departments to the list of
persons engaged in certain occupations against whom an assault is subject to an increased
criminal penalty. An individual who assaults these individuals with intent to inflict serious
injury or involves the use or display of a dangerous weapon is guilty of a Class D felony. An
individual who assaults these individuals and causes bodily injury or mental illness is guilty
of an aggravated misdemeanor, with a mandatory minimum term of imprisonment of one
year.
• Expands first degree harassment to include harassment against another person in a place
of lawful public accommodation. A person who commits harassment in the first degree is
guilty of an aggravated misdemeanor.
• Expands criminal mischief in the second degree to include acts that damage, deface, alter,
or destroy any publicly owned property, including monuments and statues. A person who
commits criminal mischief in the second degree is guilty of a Class D felony.
• The Bill adds new criteria for a crime under disorderly conduct:
• A person is guilty of a serious misdemeanor when the person, without lawful authority,
obstructs any public roadway with the intent to prevent or hinder its lawful use by others.
• A person is guilty of an aggravated misdemeanor when the person:
• Obstructs or attempts to fully obstruct a fully controlled-access facility or public
roadway with certain speed restrictions.
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 • Commits property damage.
• Is present during an unlawful assembly as defined in Iowa Code section 723.2.
• A person is guilty of a Class D felony when the person:
• Is present during a riot as defined in Iowa Code section 723.1.
• Causes bodily injury.
• A person is guilty of a Class C felony when the person causes serious bodily injury or
death.
Division IX: Enforcement of Laws
This Division prohibits local entities from adopting or enforcing a policy or taking another action
that discourages or prohibits the local entity or law enforcement from enforcing State, local, or
municipal laws. This Division prohibits local entities or individuals employed by a local entity
from considering race, skin color, language, or national origin while enforcing State, local, and
municipal laws except to the extent permitted by the Iowa Constitution or United States
Constitution. This Division establishes procedures for the filing of complaints concerning
discrimination by individuals to the Iowa Attorney General. This Division also establishes
provisions for the denial of State funds for violations of the Division.
Division X: Qualified Immunity
This Division adopts provisions related to liability for monetary damages for employees and
liabilities for the State and State agencies.
Division XI: Public Disorder
This Division increases the penalty for a riot crime, as defined in Iowa Code section 723.1, from
an aggravated misdemeanor to a Class D felony. The Bill increases the penalty for unlawful
assembly and for those who joined a lawful assembly but willingly remain after the assembly
becomes unlawful, as defined in Iowa Code section 723.2, from a simple to an aggravated
misdemeanor.
Division XII: Peace Officer, Public Safety, and Emergency Personnel Bill of Rights
This Division modifies the definition of complaint under Iowa Code section 80F.1. This Division
amends procedures and rules for interviews, hearings, or other disciplinary or administrative
proceedings related to complaints against individuals under Iowa Code chapter 80F (Rights of
Peace Officers and Public Safety and Emergency Personnel).
Division XIII: Civil Liability for Certain Vehicle Operators
This Division establishes immunity from civil liability for certain vehicle operators. The Bill
provides that a driver of a vehicle who is exercising due care and who injures another person
who is participating in a protest, demonstration, riot, or unlawful assembly or who is engaging in
disorderly conduct and is blocking traffic on a public roadway is immune from civil liability for the
caused injury. This provision does not apply if the injured person was participating in a protest
or demonstration with a valid permit allowing persons to do so on a public roadway.
Division XIV: Window Tinting
This Division exempts persons who operate a vehicle owned or leased by a federal, state, or
local law enforcement agency from restrictions on window tinting.
Division XV: Sheriff Salaries
This Division requires county sheriffs’ salaries to be set so that they are comparable to salaries
paid to professional law enforcement administrators and command officers of the State Patrol,
the Division of Criminal Investigation of the Department of Public Safety, and city police chiefs
employed by cities of similar population to the population of the county.
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Division XVI: Confidential Communications — Peer Support — Group Counselors
This Division amends disclosure prohibitions that apply to peer support group counselors and
other individuals present at crisis interventions.
Division XVII: Disability Medical Benefits — Iowa Public Retirement System
This Division requires an employer to provide reasonable medical benefit services and supplies
to an IPERS special service member who is receiving an in-service disability retirement
allowance under certain circumstances.
Division XVIII: Officer Disciplinary Actions
This Division restricts circumstances in which an officer may be discharged, disciplined, or
threatened with discharge. This Division also establishes an interim Brady-Giglio List Interim
Committee.
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Assumptions for Correctional Impact
• 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.
• Due to the penalty increases, it is assumed that the prison population will increase and that
the associated probation population will subsequently decrease.
Correctional Impact
The Bill is estimated to have a correctional impact as it will likely increase the number of
individuals under correctional supervision and the LOS. The impact is detailed by criminal
offense below.
Records Filed with the Intent to Harass or Defraud (Division II)
This Bill establishes a serious misdemeanor for UCC records filed with the intent to harass or
defraud. This is a new penalty and the correctional impact cannot be determined.
Eluding (Division VI)
The Bill expands eluding law enforcement to include eluding law enforcement in an unmarked
vehicle, or an officer who is not in uniform. This change may result in additional convictions for
eluding law enforcement. However, the number of additional violations that may occur as a
result of this change is unknown. In FY 2020, a total of 284 individuals entered into the
correctional system for violations under Iowa Code section 321.279.
Improper Use of Median, Curb, or Access Facility (Division VIII)
The Bill establishes a scheduled violation for operating a bicycle, skateboard, or other
pedestrian conveyance on a fully controlled-access facility. The number of additional violations
that may occur as a result of this change is unknown. This portion of the Bill is not estimated to
have a correctional impact.
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Assault (Division VIII)
The Bill expands the definition of assault and the list of persons engaged in certain occupations
against whom an assault is subject to an increased criminal penalty. The correctional impact of
this change cannot be estimated. The average State cost for one serious misdemeanor
conviction ranges from $410 to $7,500. The average State cost for one aggravated
misdemeanor conviction ranges from $3,700 to $7,800. The average State cost for one Class D
felony conviction ranges from $7,700 to $13,500.
Harassment in the First Degree (Division VIII)
The Bill expands the definition of harassment in the first degree. The correctional impact of this
change cannot be estimated due to a lack of existing data. In FY 2020, the cost to supervise
one individual convicted of an offense under Iowa Code section 708.7 was $5,500.
Criminal Mischief in the Second Degree (Division VIII)
The Bill expands the definition of criminal mischief in the second degree, and the correctional
impact cannot be estimated due to a lack of existing data. In FY 2020, the cost to supervise
one correctional cohort of most serious offenses under Iowa Code chapter 716 was
approximately $1.2 million. This includes supervision in prison, probation, parole, and work
release.
Disorderly Conduct (Division VIII)
The Bill increases the penalty for certain types of disorderly conduct under Iowa Code section
723.4 from a simple misdemeanor to a serious misdemeanor, aggravated misdemeanor, Class
D felony, or Class C felony, depending on the circumstances and severity of the crime. The
correctional impact of the section of the Bill relating to disorderly conduct cannot be determined.
The Bill changes the definition of disorderly conduct in such a way that it is difficult to determine
penalty provisions due to the significant variance in individual circumstances and outcomes. In
FY 2020, there were 154 admissions to Community-Based Corrections (CBC) facilities for a
most serious offense under Iowa Code section 723.4. The Department of Corrections estimates
that some crimes that are currently categorized under simple misdemeanors would be
categorized into higher penalty classes under the Bill, but the extent of that increase cannot be
calculated due to unavailability of existing data.
Riot Crimes (Division XI)
The Bill increases the penalty for a riot crime under Iowa Code section 723.1 from an
aggravated misdemeanor to a Class D felony. Over the last five fiscal years, FY 2016 through
FY 2020, there was one prison admission for the most serious offense under Iowa Code section
723.1. The DOC notes that individuals convicted of this crime are much more likely to be
admitted to supervision under CBC rather than prison supervision. In FY 2020, there were 24
individuals who were admitted to CBC on a most serious offense of a riot crime. Increasing the
penalty from an aggravated misdemeanor to a Class D felony will result in an increase in
admissions to prison supervision. The DOC estimates that the cost of moving one cohort of
admissions for a riot crime from an aggravated misdemeanor to a Class D felony will total
$40,500.
Unlawful Assembly (Division XI)
The Bill increases the penalty for unlawful assembly under Iowa Code section 723.2 from a
simple misdemeanor to an aggravated misdemeanor. In FY 2020, there were two admissions
to CBC for a most serious offense of unlawful assembly. Due to the minimal counts of
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admissions under this crime, the DOC estimates that the correctional impact of increasing the
penalty for unlawful assembly from a simple to an aggravated misdemeanor will be minimal.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly,
Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for
information related to the correctional system.
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Minority Impact
The minority impact of the Bill varies by criminal offense and is detailed by individual section
below.
UCC Filings (Division II)
The Bill establishes a new crime and the minority impact of this change is unknown.
Eluding (Division VI)
The Bill expands eluding law enforcement to include eluding law enforcement in an unmarked
vehicle, or an officer who is not in uniform. This change may result in additional convictions for
eluding law enforcement. Of the 284 individuals who entered the correctional system for a
violation of Iowa Code section 321.279 in FY 2020, 211, or 74.2% were Caucasian, and 54, or
19.0% were African American. In FY 2020, Caucasians and African Americans made up 89.9%
and 4.1% of the Iowa adult population, respectively. The conviction rate for African Americans
exceeds the population proportion of the State, which would lead to a racial impact if trends
remain constant.
Improper Use of Median, Curb, or Access Facility (Division VIII)
The Bill establishes a scheduled violation for operating a bicycle, skateboard, or other
pedestrian conveyance on a fully controlled-access facility. In FY 2020, the racial breakdown of
individuals convicted for this violation was 65.0% Caucasian and 11.1% African American. In
FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the Iowa adult
population, respectively. The conviction rate for African Americans exceeds the population
propo