Bill Summary – FastDemocracy

Fiscal Note
                                                      Fiscal Services Division
 HF 753 – Excessive Speed, Vehicular Homicide (LSB1734HV.1)
 Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
 Fiscal Note Version – Final Action
 Description
 House File 753 provides that a person commits a Class C felony when the person exceeds the
 lawfully posted speed limit by 25 miles per hour or more and the violation is the proximate cause
 of death of another person. This section does not apply to a member of a public safety agency
 performing official duties.
 Background
 A Class C felony is punishable by confinement for no more than 10 years and a fine of at least
 $1,370 but not more than $13,660. By operation of law, a person who commits a violation
 under the Bill is subject to a driver’s license suspension for vehicular homicide and is
 disqualified from operating a commercial motor vehicle for one year. In addition, the person is
 prohibited from being admitted to bail during the appeal process. If the person fails to remain at
 the scene of the accident, the person must also be denied parole or work release until the
 person has served at least 70.0% of the maximum term of the person’s sentence.
 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
 In FY 2019 and FY 2020, there were a total of 21 convictions under Iowa Code section
 707.6A(2). House File 753 amends Iowa Code section 707.6A to include actions not previously
 included in this Code section, and the correctional impact cannot be determined because it is
 unknown using current data how many deaths were caused by excessive speed. 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 of Class C felonies. 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.
                                    Table 1 — LOS and Sentencing Estimates
                                                                            Percent     FY 20                Avg                      FY 20
                             Avg Length FY 20    Percent          Avg Cost Sentenced Marginal              Length of                 Average
                               of Stay  Marginal Ordered Avg LOS Per Day    to CBC       Cost   Percent     Stay in Marginal Avg LOS Cost Per
Conviction Offense Percent to Prison Cost/Day       to      on       on    Residential CBC Per Ordered to County Cost Per       on     Day
      Class         Prison    (months) Prison Probation Probation Probation Facility     Day   County Jail    Jail    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%       N/A     $50.00    21.5   $5.38
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Minority Impact
Of the 21 total convictions under Iowa Code section 707.6A in FY 2019 and FY 2020, 85.2% of
the convictions involved a Caucasian offender and 13.1% involved an African-American
offender. House File 753 amends Iowa Code section 707.6A to include new actions not
previously included in this section. 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 of HF 753. Refer to the LSA memo addressed to the General Assembly,
Minority Impact Statement, dated January 27, 2021, for information related to minorities in the
criminal justice system.
Fiscal Impact
House File 753 amends Iowa Code section 707.6A to include new actions, and the fiscal impact
cannot be estimated due to lack of existing conviction data. The average State cost per
conviction of a Class C felony ranges from $9,900 to $19,200. 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.
Sources
CJJP, Department of Human Rights
Department of Corrections
Judicial Branch
LSA analysis
                                                                        /s/ Holly M. Lyons
                                                                          June 11, 2011
Doc ID 1221414
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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