Fiscal Note
Fiscal Services Division
HF 572 – Trespassing by Drone, Agricultural Buildings, Feedlots, and Homes (LSB2146HV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – As amended and passed by the House
Description
House File 572 establishes the following offenses, provides penalties, and provides for
exceptions to the offenses:
• Intrusion by the use of a remotely piloted aircraft (RPA).
• Surveillance by the use of an RPA.
A person commits intrusion by the use of an RPA if the person knowingly controls the flight of
an RPA over a homestead or a secure farmstead area, if the homestead or secure farmstead
area is not owned or leased by the person, and the RPA remains over the homestead or secure
farmstead area. The penalty is a simple misdemeanor, or a serious misdemeanor if the person
has previously been convicted of this offense or surveillance by the use of an RPA.
A person commits surveillance by the use of an RPA if the person knowingly controls the flight
of an RPA equipped with a surveillance device over a homestead or secure farmstead area, if
the homestead or secure farmstead area is not owned or leased by the person, and the RPA
remains over the homestead or secure farmstead area. The penalty is a serious misdemeanor,
or an aggravated misdemeanor if the person has previously been convicted of this offense or
intrusion by the use of an RPA.
The Bill also provides for injunctive relief for a person being harassed by another person who is
controlling the flight of an RPA equipped with a surveillance device over the person’s
homestead or secure farmstead area.
Background
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. A simple misdemeanor is
punishable by confinement for 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.
• 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 572 creates new criminal offenses, and the correctional impact cannot be estimated
for the Bill due to a lack of existing conviction data. Table 1 shows estimates for sentencing to
State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities;
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LOS under those supervisions; and supervision marginal costs per day for all convictions of
aggravated misdemeanors and serious misdemeanors. A conviction for a simple misdemeanor
does not result in a prison sentence but carries the possibility of confinement for up to 30 days.
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 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
Ordered Prison in Cost Per Ordered LOS on Cost Per to CBC Marginal to Marginal on Cost Per
Conviction to State Months (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 31.4% 7.5 $23.42 45.6% 20.7 $7.27 3.3% $20.67 72.2% $50.00 8.2 $7.27
(Non-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
House File 572 establishes new 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
House File 572 establishes new offenses, and the fiscal impact cannot be estimated due to a
lack of existing conviction data. Table 2 below shows the average State cost per offense for an
aggravated misdemeanor, serious misdemeanor, and simple 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 cost would be incurred
across multiple fiscal years for prison and parole supervision.
Table 2 — Average State Cost Per Offense
Offense Class Average Cost
Aggravated Misdemeanor $5,000 to $9,600
Serious Misdemeanor $400 to $5,600
Simple Misdemeanor $35 to $375
Sources
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Department of Corrections
Legislative Services Agency
/s/ Jennifer Acton
April 13, 2023
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Doc ID 1371636
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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