Fiscal Note
Fiscal Services Division
SF 529 – Fertility Fraud (LSB2551SV.3)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 529 creates the Fraud in Assisted Reproduction Act. The Bill prohibits the following:
• A person from engaging in a practice or act the person knows or reasonably should have
known provides false information to a patient related to an assisted reproduction procedure
or treatment.
• A health care professional or a health facility from using or providing a patient with human
reproductive material for assisted reproduction other than that to which the patient expressly
consented in writing, or with human reproductive material for assisted reproduction that is
not provided with the donor’s consent or in a manner other than that to which the donor
consented.
A health care professional or health facility that violates these provisions is subject to license,
permit, or certification revocation. A violation by a health care professional constitutes
unprofessional conduct.
The Bill also provides that a health care professional commits sexual abuse in the fourth degree
when the health care professional uses or provides a patient with human reproductive material
for assisted reproduction other than that to which the patient expressly consented in writing in
violation of the Fraud in Assisted Reproduction Act.
Sexual abuse in the fourth degree is punishable as an aggravated misdemeanor, or as a Class
D felony if the health care professional uses or provides the health care professional’s own
human reproductive material for assisted reproduction. Sexual abuse in the fourth degree is a
Tier III sex offense if the perpetrator is a health care professional who used the health care
professional’s own human reproductive material for assisted reproduction.
The Bill provides that an information or indictment for sexual abuse in the fourth degree may be
commenced at any time after the commission of the offense.
The Bill provides for a private cause of action for damages to be brought for certain violations of
the Fraud in Assisted Reproduction Act.
Background
An aggravated misdemeanor is punishable by up to two years in prison and a fine of at least
$855 but not more than $8,540. A Class D felony is punishable by up to five years in prison and
a fine of at least $1,025 but not more than $10,245. Registration as a Tier III sex offender
requires an offender to report in person to verify the offender’s registration information every
three months.
1
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
Senate File 529 establishes new criminal offenses and applies specifically to health care
professionals. The correctional impact cannot be estimated for the Bill due to a lack of existing
conviction data. Table 1 below shows 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 of Class D felonies and
aggravated misdemeanors for sex offenses. Refer to the Legislative Services Agency (LSA)
memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact
Statements, dated January 18, 2022, for information related to the correctional system.
Table 1 — Sentencing Estimates and Length of Stay (LOS)
FY 21 Avg FY 21 Percent Percent Avg FY 21
Percent LOS in Marginal Percent Avg LOS FY 21 Avg Sentenced FY 21 Ordered Marginal LOS on Marginal
Ordered Prison in Cost Per Ordered on Cost Per to CBC Marginal to Cost Per Parole Cost Per
Conviction to State Months (All Day to Probation Day Residential Cost Per County Day in Day
Offense Class Prison Releases) Prison Probation in Months Probation Facility Day CBC Jail Jail Months Parole
D Felony
88.6% 28.1 $23.33 45.2% 41.2 $7.01 6.8% $17.78 43.8% $50.00 5.9 $7.01
(Sex Offense)
Aggravated
Misdemeanor 80.1% 14.5 $23.33 58.5% 25.0 $7.01 1.1% $17.78 74.6% $50.00 26.9 $7.01
(Sex Offense)
Minority Impact
Senate File 529 establishes new criminal offenses. As a result, the Criminal and Juvenile
Justice Planning Division of the Department of Human Rights cannot use prior 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 18, 2022, for information related to
minorities in the criminal justice system.
Fiscal Impact
Senate File 529 establishes new criminal offenses and applies specifically to health care
professionals, and the fiscal impact cannot be estimated due to a lack of existing conviction
data. The average State cost per offense for an aggravated misdemeanor ranges from $4,900
to $9,500. The average State cost per offense for a Class D felony ranges from $9,100 to
$16,600. 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. The cost
would be incurred across multiple fiscal years for prison and parole supervision.
2
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Legislative Services Agency
/s/ Holly M. Lyons
June 27, 2022
Doc ID 1291393
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
3


Statutes affected:
Introduced: 709.4
Reprinted: 692A.102, 709.4
Enrolled: 714I.3, 692A.102