Relating to eluding or attempting to elude a pursuing law enforcement vehicle and providing penalties

Description

Senate File 2275 relates to the criminal offense of eluding or attempting to elude a pursuing law enforcement vehicle. The Act enhances penalties in Iowa Code section 321.279, specifically for a second or subsequent criminal offense of eluding or attempting to elude a law enforcement vehicle. Under SF 2275, a driver of a motor vehicle who is convicted of a second or subsequent violation of Iowa Code section 321.279(1) is guilty of an aggravated misdemeanor. The driver of a motor vehicle who is convicted of a second or subsequent violation of Iowa Code section 321.279(2) is guilty of a Class D felony, and a driver of a motor vehicle who is convicted of a second or subsequent violation of Iowa Code section 321.279(3) is guilty of a Class C felony. Additionally, SF 2275 prohibits a court from ordering a deferred sentence or deferred judgment for the driver of a motor vehicle convicted of eluding or attempting to elude a pursuing law enforcement vehicle while exceeding the speed limit by 25 miles per hour or more and while violating Iowa Code section 321J.2 by operating a motor vehicle while intoxicated (OWI).

Background

Under current law, a driver of a motor vehicle who commits a violation of Iowa Code section 321.279(1) by willfully failing to bring a motor vehicle to a stop or otherwise eluding or attempting to elude a marked law enforcement vehicle is, upon conviction, guilty of a serious misdemeanor. Iowa Code section 321.279(2) states that a driver of a motor vehicle who willfully fails to bring a motor vehicle to a stop or otherwise eludes or attempts to elude a marked law enforcement vehicle, and in doing so, exceeds the speed limit by 25 miles per hour or more, is, upon conviction, guilty of an aggravated misdemeanor. Additionally, a driver of a motor vehicle is, upon conviction of violating Iowa Code section 321.279(3), guilty of a Class D felony. A violation of Iowa Code section 321.279(3) occurs when the driver of a motor vehicle willfully fails to bring a motor vehicle to a stop or otherwise eludes or attempts to elude a marked law enforcement vehicle, and in doing so, exceeds the speed limit by 25 miles per hour or more, and any of the following also occur:

• The driver participates in a public offense as defined in Iowa Code section 702.13 that is classified as a felony.
• The driver violates Iowa Code section 321J.2 by operating a motor vehicle while under the influence of alcohol or a drug or while having a blood alcohol concentration of .08 or more, or while committing a controlled substance violation under Iowa Code section 124.401.
• The offense results in bodily injury to a person other than the driver. In FY 2019, there were 35 convictions newly admitted to prison as a result of the most serious violations of Iowa Code section 321.279. Of these new convictions, 12 were classified as aggravated misdemeanors, and 23 were classified as Class D felonies. Additionally, in FY 2019 there were 31 individuals who entered prison as a result of probation revocation for a most serious offense of Iowa Code section 321.279. Of these 31 probation revocations, three were classified as aggravated misdemeanors, and 28 were classified as Class D felonies. In FY 2019, a total of 135 offenders entered probation for a most serious offense of Iowa Code section 321.279, and a total of 25 offenders entered parole.

A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315, but no more than $1,875.

An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $650, but no more than $6,500.

A Class D felony is punishable by confinement for no more than five years and a fine of at least $750, but no more than $7,500.

A Class C felony is punishable by confinement for no more than 10 years and a fine of at least $1,000, but no more than $10,000.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; 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.
• In order to extrapolate length of stay cost per month using daily cost data, it is assumed that the average length of one month is 30.4 days.

Correctional Impact

The correctional impact of SF 2275 on new admissions to the correctional system cannot be determined. The Act enhances penalties for all second or subsequent offenses of Iowa Code section 321.279, and the number of new convictions, as well as the number of any potentially redistributed convictions, cannot be determined. The Department of Corrections (DOC) expects that the proposed enhanced penalties will likely increase costs for the Department, as the redistribution of convictions into a higher crime class will result in an increase in the number of prison admissions and the average length of stay per offender. See the Fiscal Impact at the end of this Fiscal Note.

Table 1 provides estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; length of stay under those supervisions; and supervision marginal costs per day for all serious misdemeanor, aggravated misdemeanor, Class D felony, and Class C felony convictions. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system. Table 1 — Sentencing and Length of Stay Estimates

Minority Impact

The minority impact of SF 2275 is as follows: African Americans comprised 3.6% of the adult population of the State in FY 2019 and 19.6% of the convictions for Iowa Code section 321.279 offenses in FY 2019. This exceeds the population proportion of the State, which would lead to a racial impact if trends remain constant. Due to low numbers of other minority populations, the impact on those populations cannot be assessed. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system. Table 2 provides a breakdown of the demographics of FY 2019 convictions under Iowa Code section 321.279 in relation to the percentage of the State’s population.

Table 2 — FY 2019 Convictions and Population Percentage

Fiscal Impact

The change in the number of admissions that will result from SF 2275 cannot be determined. However, if the same number of admissions occur in FY 2021 that occurred in FY 2019, and those offenses reclassified to the new offenses under SF 2275, there would be an estimated cost increase to the DOC of $164,500 in FY 2021 and $329,000 in subsequent fiscal years. Table 3 shows estimates for the average State cost per offense class type. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one additional conviction. The cost for prison and parole supervision would be incurred across multiple fiscal years.

Table 3 — Average State Cost per Offense Type Table 4 shows the costs to the DOC associated with the FY 2019 admissions and Table 5 shows the estimated cost for FY 2021 based on the reclassification of offenses under SF 2275. Both tables utilize the sentencing and length of stay data provided in Table 2. Table 4 — Supervision Costs, FY 2019 Admissions for a Most Serious Violation of Iowa Code Section 321.279 Offenses (Current Law) Table 5 — Supervision Costs and Admissions for a Most Serious Violation of Iowa Code Section 321.279 Offenses (Proposed Law)Offense Total Minimum Cost Total Maximum Cost Class C Felony 11,600$ 19,400$ Class D Felony 10,000$ 14,700$ Aggravated Misdemeanor 5,600$ 8,000$

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights
• Department of Corrections
• Department of Public Safety
• Legislative Service Agency