Fiscal Note
Fiscal Services Division
SF 239 – Explosive or Destructive Devices (LSB1234SV)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 239 relates to explosive materials including blasting agents, detonators, and
destructive devices and provides penalties. The Bill amends the definitions of “blasting agent”
and “explosive material” and defines the terms “destructive device” and “detonator.” The Bill
amends the following offenses to reflect those definitions:
• Provides that any person who uses fire, explosives, or destructive devices to recklessly
endanger the property or safety of another commits a serious misdemeanor.
• Provides that a person who possesses any explosive material or destructive device with the
intent to commit a public offense commits a Class C felony.
• Provides that a person who possesses any explosive material or destructive device commits
an aggravated misdemeanor.
• Provides that a person who, with the intent to intimidate, annoy, or alarm another person,
places a simulated explosive or simulated destructive device in a place that the person
reasonably believes is likely to cause public alarm or inconvenience commits a serious
misdemeanor.
The Bill amends the definition of “offensive weapon” to include the definition of a destructive
device as defined in the Bill. Any unauthorized person who knowingly possesses an offensive
weapon commits a Class D felony.
The Bill establishes a Class C felony for when a person uses any explosive material or
destructive device to commit any public offense or possesses an explosive material or
destructive device during the commission of a felony.
The Bill is effective upon enactment.
Background
Iowa Code chapter 101A currently establishes the definitions of the terms “blasting agents” and
“explosive materials.” Iowa Code chapter 712 establishes and penalizes the criminal offense of
arson. Under Iowa Code section 712.5, any person who uses fire or any incendiary or explosive
device or material to recklessly endanger the property or safety of another is guilty of a serious
misdemeanor. Iowa Code section 712.6 creates offenses for possessing incendiary or
explosive devices or a simulated explosive or incendiary device. Iowa Code chapter 724
creates laws related to weapons. Iowa Code section 724.1 establishes different types of
offensive weapons, which range from a machine gun to a ballistic knife. Iowa Code section
724.3 establishes a Class D felony for a person who knowingly possesses an offensive weapon.
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. An aggravated misdemeanor is punishable by confinement of
up to two years and a fine of at least $855 but not more than $8,540. A Class D felony is
punishable by confinement of up to five years and a fine of at least $1,025 but not more than
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$10,245. A Class C felony is punishable by confinement of up to 10 years and a fine of at least
$1,370 but not more than $13,660.
In FY 2022, there were a total of 88 convictions under Iowa Code sections 712.5, 712.6, and
724.1. Over the last five fiscal years, no individuals have been admitted to prison under Iowa
Code section 712.5. There were 10 individuals admitted to Community-Based Corrections
(CBC) in FY 2022 under Iowa Code section 712.5.
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 procedures.
• 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 239 creates new definitions, modifies existing definitions, and creates a new
penalty, and the correctional impact cannot be estimated. In FY 2022, there were 75
convictions under Iowa Code sections 712.5 and 712.6. The Bill may increase the number of
convictions, but the extent of this increase cannot be estimated. Also, the correctional impact
for the newly established crime cannot be determined as it is unknown how many new
convictions would result under the Bill.
Table 1 shows estimates for sentencing to State prison, parole, probation, or CBC residential
facilities; LOS under those supervisions; and supervision marginal costs per day for all
convictions of Class C felonies, Class D felonies, aggravated misdemeanors, and serious
misdemeanors. Marginal county jail costs are estimated to be $50 per day. Refer to the
Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates
Used for Correctional Impact Statements, dated January 20, 2023, for information related to
the correctional system.
Table 1 — Sentencing Estimates and Length of Stay (LOS)
FY 22
FY 22 Avg LOS Marginal FY 22 Avg FY 22 Avg Percent FY 22 FY 22 Avg FY 22
Percent In Prison In Cost Per Percent LOS on Cost Per Sentenced to Marginal Percent Marginal LOS on Marginal
Conviction Offense Ordered to Months (All Day Ordered to Probation Day CBC Residential Cost Per Ordered to Cost Per Parole In Cost Per
Class State Prison Releases) Prison Probation In Months Probation Facility Day CBC County Jail Day Jail Months Day Parole
C Felony Persons 89.8% 50.1 $23.42 27.6% 39.0 $7.27 3.6% $20.67 43.2% $50.00 19.5 $7.27
D Felony Persons 79.6% 19.7 $23.42 59.0% 33.2 $7.27 8.6% $20.67 26.3% $50.00 14.4 $7.27
Agg Misd Persons 45.5% 9.7 $23.42 64.9% -- $7.27 3.8% $20.67 55.6% $50.00 7.0 $7.27
Serious Misd 1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27
Minority Impact
Senate File 239 establishes a new offense and expands the definitions of existing offenses. As
a result, the Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of
Human Rights cannot use existing data to estimate the minority impact of the Bill. Refer to the
LSA memo addressed to the General Assembly, Minority Impact Statement, dated January
20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
The total fiscal impact cannot be determined due to a lack of existing conviction data. Table 2
shows the average State cost per offense for a Class C felony, Class D felony, aggravated
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misdemeanor, and serious misdemeanor. 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 (DOC). The costs would be incurred across multiple fiscal years for
prison and parole supervision.
Table 2 — Average State Cost Per Offense
Classification of Offense Minimum Maximum
Class C Felony $12,100 $25,100
Class D Felony $9,500 17,400
Aggravated Misdemeanor $5,000 $9,600
Serious Misdemeanor $400 $5,600
Sources
Department of Corrections
Department of Human Rights, Criminal and Juvenile Justice Planning Division
Department of Public Safety
/s/ Jennifer Acton
February 27, 2023
Doc ID 1369463
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: 101A.1, 712.5, 712.6, 702.12, 727.2