Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 384 – Assault, Penalties (LSB1848SV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 384 establishes the crime of assault on a pregnant person. Under the Bill, the
penalties for committing an assault against another person the person knew or should have
known to be pregnant are as follows:
• A Class C felony for committing an assault without the intent to inflict serious injury but
   causing serious injury.
• A Class D felony for committing an assault with the intent to inflict a serious injury.
• A Class D felony for committing an assault and using or displaying a dangerous weapon in
   connection with the assault.
• An aggravated misdemeanor for committing an assault and causing bodily injury or mental
   illness.
• A serious misdemeanor for committing any other assault.
Background
Under Iowa Code section 708.2, the penalties for assault are as follows:
• An aggravated misdemeanor for committing an assault with the intent to inflict a serious
   injury upon another.
• A serious misdemeanor for committing assault and causing bodily injury or mental illness.
• An aggravated misdemeanor for committing an assault and using or displaying a dangerous
   weapon in connection with the assault.
• A Class D felony for committing an assault without the intent to inflict a serious injury but
   causing serious injury.
• A Class C felony for committing an assault and using any object to penetrate the genitalia or
   anus of another person.
• A simple misdemeanor for committing any other assault.
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370
but not more than $13,660. A Class D felony is punishable by confinement for up to five years
and a fine of at least $1,025 but not more than $10,245. 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 of up to one year and a fine of at
least $430 but not more than $2,560. A simple misdemeanor is punishable by confinement of
up to 30 days and a fine of at least $105 but not more than $855.
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 384 creates a new criminal offense, and the correctional impact cannot be
determined because the number of past convictions for assault against a pregnant person is
unknown. The Department of Corrections (DOC) reports that assaults against pregnant
persons are likely already captured under current assault crimes. However, since the Bill
enhances the penalties for assault when it is committed against a pregnant person, convicted
individuals will likely have an increased LOS under the Bill.
Table 1 shows estimates for sentencing to State prison, parole, probation, or
Community-Based Corrections (CBC) residential facilities; LOS in months under those
supervisions; and supervision marginal costs per day for all convictions of Class C felonies,
Class D felonies, aggravated misdemeanors, 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 20, 2023, for information related to
the correctional system.
                                     Table 1 – Sentencing Estimates and LOS
                         FY 22 Avg    FY 22                                Percent             Percent           FY 22    FY 22
                Percent   LOS In     Marginal Percent FY 22 Avg FY 22 Avg Sentenced FY 22 Ordered               Avg LOS Marginal
Conviction      Ordered Prison In Cost Per Ordered LOS on        Cost Per   to CBC    Marginal    to   Marginal   on     Cost Per
 Offense        to State Months (All   Day      to    Probation    Day    Residential Cost Per County Cost Per Parole In   Day
  Class          Prison  Releases) Prison Probation In Months Probation     Facility  Day CBC    Jail  Day Jail Months    Parole
     C Felony
                 89.8%      50.1     $23.42   27.6%     39.0      $7.27      3.6%     $20.67   43.2%    $50.00    19.5    $7.27
    (Persons)
     D Felony
                 79.6%      19.7     $23.42   59.0%     33.2      $7.27      8.6%     $20.67   26.3%    $50.00    14.4    $7.27
    (Persons)
 Aggravated
Misdemeanor      45.5%      9.7      $23.42   64.9%       --      $7.27      3.8%     $20.67   55.6%    $50.00    7.0     $7.27
 (Persons)
  Serious
                 1.9%       5.5      $23.42   51.2%     13.7      $7.27      0.9%     $20.67   73.3%    $50.00    0.5     $7.27
Misdemeanor
Minority Impact
Senate File 384 creates a new criminal offense. As a result, the Division of Criminal and
Juvenile Justice Planning (CJJP) of the Department of Human Rights cannot use prior existing
data to estimate the minority impact of SF 384. However, of the 11,525 convictions for assault
in FY 2022, 66.9% were Caucasian, 24.4% were African American, and 8.7% were other races.
Iowa’s population is 84.5% Caucasian, 3.6% African American, and 11.9% other races. If the
Bill increases the LOS for some individuals convicted of assault under current law who may face
a higher penalty under the Bill, it may disproportionately impact African American individuals.
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
Senate File 384 creates a new criminal offense, and the fiscal impact cannot be determined
because the number of past convictions for assaults against a pregnant person is unknown.
Table 2 shows the average State cost per offense for a Class C felony, Class D felony,
aggravated 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 DOC. The cost would be incurred across multiple fiscal years for prison and
parole supervision.
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                               Table 2 – Average State Cost Per Offense
                                  Offense Class                    Average Cost
                                  Class C Felony                $12,100 to $25,100
                                  Class D Felony                 $9,500 to $17,400
                            Aggravated Misdemeanor                $5,000 to $9,600
                              Serious Misdemeanor                  $400 to $5,600
Sources
Department of Corrections
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                               February 28, 2023
Doc ID 1369940
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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