Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 775 – Open Fields, Cameras (LSB1238HV.2)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 775 establishes the crime of unauthorized sampling under Iowa Code section
716.14. A person commits unauthorized sampling if the person knowingly enters private
property, without consent of the owner or any other person having real or apparent authority to
grant consent, and obtains samples of any materials specified in the Bill. The term “materials” is
defined in the Bill. A person convicted of unauthorized sampling is guilty of an aggravated
misdemeanor, or a Class D felony if the person has previously been convicted of committing
unauthorized sampling.
House File 775 also establishes Iowa Code section 727.8A to provide that a person committing
a trespass as defined under Iowa Code section 716.7 and knowingly places or uses a camera
or electronic surveillance device that transmits or records images or data while the device is on
the trespassed property commits an aggravated misdemeanor for a first offense and a Class D
felony for a second or subsequent offense.
Background
An aggravated misdemeanor is punishable by confinement for no more than two years and a
fine of at least $855 but not more than $8,540. A Class D felony is punishable by confinement
for no more than five years and a fine of at least $1,025 but not more than $10,245.
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 775 establishes new offenses and a correctional impact cannot be estimated due to
a lack of existing conviction data. 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 aggravated
misdemeanors and Class D 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.
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                                    Table 1 — LOS and Sentencing Estimates
                                                                            Percent     FY 20             Avg                     FY 20
                              Avg Length FY 20    Percent         Avg Cost Sentenced Marginal Percent Length of                  Average
                                of Stay  Marginal Ordered Avg LOS Per Day   to CBC       Cost   Ordered  Stay in Marginal        Cost Per
 Conviction Offense Percent     Prison Cost/Day      to      on      on    Residential CBC Per to County County Cost Per Avg LOS   Day
       Class        to Prison (months) Prison Probation Probation Probation Facility     Day      Jail    Jail     Day on Parole Parole
Class D Felony
(Non-Persons)         76.0%      11.6    $20.33    64.5%    33.4    $5.38    12.3%      $14.78   34.0%    N/A     $50.00   12.6   $5.38
Aggravated
Misdemeanor
(Non-Persons)         32.0%      11.6    $20.33    69.8%    22.3    $5.38     9.5%      $14.78   39.6%    N/A     $50.00   4.4    $5.38
Minority Impact
House File 775 establishes new offenses and 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 775. 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 775 establishes new offenses, and the fiscal impact cannot be estimated due to the
lack of existing conviction data. 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 Conviction
                                                                              Total Cost
                                    Offense Class                      Minimum       Maximum
                              Aggravated Misdemeanor                   $ 3,700       $    7,800
                              Class D Felony                               7,700         13,500
Sources
CJJP, Department of Human Rights
Department of Corrections
Judicial Branch
LSA analysis
                                                                                           /s/ Holly M. Lyons
                                                                                                June 8, 2021
Doc ID 1220449
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: 204.2