Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 2364 – Obscene Material, Schools (LSB5175SV)
Staff Contact: Lora Vargason (515.725.2249) lora.vargason@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2364 requires the Board of Educational Examiners (BOEE) to disqualify an
applicant for a license or revoke the license of a person for providing obscene material or hard-
core pornography to students from a school library or requiring a student to read or view such
material. “Obscene materials” is defined in Iowa Code section 728.1, and a definition of “hard-
core pornography” is established in the Bill. The BOEE is required to suspend the license of an
administrator or teacher upon the Board’s finding by a preponderance of evidence that the
administrator or teacher violated an injunction as detailed in the Bill.
Public school districts, accredited nonpublic schools, and charter schools will be required to
designate one administrator to ensure that no obscene material or hard-core pornography is
present and available to students in a school library under the administrator’s supervision. An
administrator who knowingly provides obscene material to a student in a library operated by the
school under the administrator’s supervision will be guilty of a serious misdemeanor. An
administrator who knowingly provides hard-core pornography to a student in a library under the
administrator’s supervision will be guilty of an aggravated misdemeanor.
A teacher who knowingly requires a student to read or view obscene material as part of an
instructional program or curriculum will be guilty of a serious misdemeanor. A teacher who
knowingly requires a student to read or view hard-core pornography as part of an instructional
program or curriculum will be guilty of an aggravated misdemeanor.
Civil action for injunctive relief, as detailed in the Bill, is provided for parents or guardians,
including the awarding of penalties and fees if the parent or guardian is found to be the
prevailing party. The clerk of court will send a copy of the court’s order issued pertaining to a
violation, of the Bill to the Attorney General and county attorney.
A parent or guardian who is the prevailing party in civil action for injunctive relief may bring a
civil action for damages against the school that employs the administrator or teacher if the
administrator or teacher violates an injunction issued related to the Bill. Potential damages to
be awarded are detailed in the Bill.
A county attorney or the Attorney General may initiate criminal or civil actions to enforce the
provisions of the Bill.
“Appropriate material” for educational purposes in any accredited school, public library, or
educational program is defined as not including obscene material or hard-core pornography.
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Background
Under current law, violations of Iowa Code section 728.2 involving the dissemination or
exhibition of obscene materials to a minor is considered a serious misdemeanor.
An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at
least $855 but not more than $8,540. A serious misdemeanor is punishable by confinement for
up to one year and a fine of at least $430 but not more than $2,560.
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 2364 creates a new criminal offense specific to school administrators and teachers,
and the correctional impact cannot be determined at this time. Table 1 below shows estimates
for sentencing to State prisons, 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 for sex offenses and serious misdemeanors. 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
                       LOS in    FY 21                               Percent             Percent                    FY 21
              Percent Prison in Marginal Percent Avg LOS FY 21 Avg Sentenced     FY 21   Ordered          Avg LOS Marginal
              Ordered Months Cost Per Ordered       on     Cost Per   to CBC    Marginal    to   Marginal   on     Cost Per
 Conviction to State     (All     Day      to    Probation   Day    Residential Cost Per County Cost Per Parole in   Day
Offense Class Prison Releases) Prison Probation in Months Probation   Facility  Day CBC    Jail  Day Jail Months Parole
 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)
  Serious
                1.8%    6.5    $23.33    56.0%      14.5     $7.01      0.9%     $17.78   69.0%   $50.00    18.1    $7.01
Misdemeanor
Minority Impact
Senate File 2364 is estimated to have an unknown minority impact. Of the 10 convictions for
dissemination and exhibition of obscene materials to minors under Iowa Code section 728.2 in
FY 2021, 88.1% were White and 1.3% were African American, while the Iowa population is
85.3% White and 3.9% African American. 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.
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Fiscal Impact
Senate File 2364 does not have a fiscal impact to the State. However, there may be a fiscal
impact to schools related to increased future exposure to litigation. In addition, county attorney
offices may hire additional staff to handle complaints as outlined in the Bill.
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Iowa County Attorneys Association
Legislative Services Agency
                                                                        /s/ Holly M. Lyons
                                                                        February 28, 2022
Doc ID 1287812
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: 272.2, 728.2A, 256E.2, 728.7