Fiscal Note
Fiscal Services Division
SF 2169 – Fertility Fraud (LSB5376XS)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2169 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. Violation of this provision is punishable as a Class D felony by the applicable
maximum years of confinement and maximum fine.
• 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 human reproductive material 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 by the applicable maximum years of confinement and
maximum fine.
A person or health facility that violates these provisions is subject to license, permit, or
certification revocation.
The Bill also provides for a private cause of action to be brought for compensatory and punitive
damages against any person that engaged in a prohibited practice or act in violation of this Bill.
The Bill also provides statutes of limitations for actions brought under this Bill.
Senate File 2169 also provides that a physician commits sexual abuse in the third degree when
the physician knowingly and intentionally implants the physician’s own human reproductive
material through assisted reproduction without the patient’s prior knowledge and express written
consent. Sexual abuse in the third degree is punishable as a Class C felony. A person who
violates this provision of the Bill is a Tier III sex offender and is subject to license discipline.
Background
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 their 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
Senate File 2169 establishes new criminal offenses and applies specifically to health care
professionals. The correctional impact cannot be estimated for this 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 C felonies
against persons and for sexual offenses and Class D felonies against persons. 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 FY 21
Percent LOS in Marginal Percent Avg LOS FY 21 Avg Sentenced FY 21 Ordered Marginal Avg LOS Marginal
Ordered Prison in Cost Per Ordered on Cost Per to CBC Marginal to Cost Per on Cost Per
Conviction to State Months (All Day to Probation Day Residential Cost Per County Day Parole 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)
C Felony
91.0% 61.0 $23.33 34.1% 49.5 $7.01 5.5% $17.78 32.7% $50.00 8.5 $7.01
(Sex Offense)
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)
Minority Impact
Senate File 2169 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 SF 2169. 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 2169 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 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.
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Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Legislative Services Agency
/s/ Holly M. Lyons
February 21, 2022
Doc ID 1287630
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, 709.4