Fiscal Note
Fiscal Services Division
HF 570 – Assault on a Pregnant Person, Penalties (LSB1523HV.2)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 570 increases the penalty from an aggravated misdemeanor to a Class D felony for
assault with the use or display of a dangerous weapon when the assault is committed against a
pregnant person.
The Bill also increases the penalty from an aggravated misdemeanor to a Class D felony for
domestic abuse assault when it is committed against a pregnant person under the following
circumstances:
• If the domestic abuse assault is committed with the intent to inflict a serious injury upon
another, or if the person uses or displays a dangerous weapon in connection with the
assault.
• If the domestic abuse assault is committed by knowingly impeding the normal breathing or
circulation of the blood of another by applying pressure to the throat or neck of the other
person or by obstructing the nose or mouth of the other person.
The Bill provides that the penalty for a second offense of domestic abuse assault is a Class D
felony if the first offense was a Class D felony and the second offense would otherwise be an
aggravated misdemeanor.
Background
Under Iowa Code section 708.2, a person who commits an assault and uses or displays a
dangerous weapon in connection with the assault is guilty of an aggravated misdemeanor.
Under Iowa Code section 708.2A, on a first offense of domestic abuse assault, the penalty is as
follows:
• A serious misdemeanor if the domestic abuse assault causes bodily injury or mental illness.
• An aggravated misdemeanor if the domestic abuse assault is committed with the intent to
inflict a serious injury upon another, or if the person uses or displays a dangerous weapon in
connection with the assault.
• An aggravated misdemeanor if the domestic abuse assault is committed by knowingly
impeding the normal breathing or circulation of the blood of another by applying pressure to
the throat or neck of the other person or by obstructing the nose or mouth of the other
person.
• A simple misdemeanor for all other circumstances.
Under Iowa Code section 708.2A, on a second offense of domestic abuse assault, the penalty is
as follows:
• A serious misdemeanor if the first offense was a simple misdemeanor and the second
offense would otherwise be a simple misdemeanor.
• An aggravated misdemeanor if the first offense was a simple or aggravated misdemeanor
and the second offense would otherwise be a serious misdemeanor; or if the first offense
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 was classified as a serious or aggravated misdemeanor and the second offense would
otherwise be a simple or serious misdemeanor.
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.
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 570 modifies the penalties for existing offenses, and the correctional impact cannot
be determined because the number of past convictions for assault and domestic abuse assault
against a pregnant person is unknown. The Department of Corrections (DOC) reports that
assaults and domestic abuse assaults against pregnant persons are likely already captured
under current assault and domestic abuse assault crimes. However, since the Bill enhances
penalties for certain assaults and domestic abuse assaults when the offense 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 D felonies and aggravated
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
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)
Minority Impact
House File 570 modifies the penalties for existing offenses when the offenses are perpetrated
against a pregnant person. As a result, the Division of Criminal and Juvenile Justice Planning of
the Department of Human Rights cannot use prior existing data to estimate the minority impact.
However, of the 11,467 convictions of assault and domestic abuse assault in FY 2022, 66.8%
involved Caucasian individuals, 24.5% involved African American individuals, and 8.7% involved
individuals of other races. Iowa’s population is 84.5% Caucasian, 3.6% African American, and
11.9% other races. The Bill may disproportionally impact African American individuals if the
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LOS is increased due to enhanced penalties. 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 570 modifies the penalties for existing offenses, and the fiscal impact cannot be
determined because the number of past convictions for assault and domestic abuse assault
against a pregnant person is unknown. Table 2 shows the average State cost per offense for a
Class D felony and aggravated 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 costs would be incurred across multiple fiscal years for prison and parole
supervision.
Table 2 — Average State Cost Per Offense
Offense Class Average Cost
Class D Felony $9,500 to $17,400
Aggravated Misdemeanor $5,000 to $9,600
Sources
Department of Corrections
Department of Human Rights, Criminal and Juvenile Justice Planning Division
Legislative Services Agency
/s/ Jennifer Acton
May 8, 2023
Doc ID 1371796
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: 708.2, 708.2A
Reprinted: 708.2, 708.2A
Enrolled: 708.2, 708.2A