Bill Summary – FastDemocracy

Fiscal Note
                                         Fiscal Services Division
HF 2160 – Assisted Reproduction, Penalties (LSB5089HV.2)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – As amended by Senate amendment H-8123 as amended by House
amendment S-5113
Description
House File 2160 as amended by Senate amendment H-8123 as amended by House
amendment S-5113 creates the Fraud in Assisted Reproduction Act. The Bill as amended
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. Violation of this provision is punishable as a Class D felony.
• A physician or 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.
   Violation of this provision is punishable as a Class C felony.
A person or health facility that violates these provisions is subject to license, permit, or
certification revocation.
The Bill as amended provides that an action brought pursuant to these provisions is not subject
to a statute of limitations.
The Bill as amended also creates the crime of sexual abuse in the fourth degree under Iowa
Code chapter 709 and provides penalties. A health care professional commits sexual abuse in
the fourth degree when the health care professional implants the health care professional’s own
human reproductive material through assisted reproduction without the patient’s prior
knowledge and written consent. Sexual abuse in the fourth degree is punishable as an
aggravated misdemeanor. A person who violates this provision of the Bill as amended is a Tier
III sex offender and is subject to license discipline.
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. A Class C felony is punishable by up to 10
years in prison and a fine of at least $1,370 but not more than $13,660. Registration as a Tier
III sex offender requires an offender to report in person to verify the offender’s registration
information every three months.
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.
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•     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 2160 as amended establishes new criminal offenses and applies specifically to
health care professionals. The correctional impact cannot be estimated for the Bill as amended
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 C
felonies against persons, Class D felonies against persons, 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
     C Felony
                89.0%     61.0    $23.33    27.9%     39.0       $7.01   5.5%      $17.78   49.1%   $50.00    17.8    $7.01
    (Persons)
     D Felony
                84.2%     18.8    $23.33    47.8%     32.8       $7.01   10.5%     $17.78   38.6%   $50.00    11.3    $7.01
    (Persons)
 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
House File 2160 as amended 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 HF 2160 as amended. 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
House File 2160 as amended 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 average State cost per offense for a Class C felony ranges from
$11,100 to $22,100. 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.
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Legislative Services Agency
                                                                                   /s/ Holly M. Lyons
                                                                                       April 5, 2022
Doc ID 1289337
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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: 147.55, 692A.102, 802.2