Bills › 88th General Assembly
Where it is now
- Done: IntroducedFebruary 14, 2019
- Done: SubcommitteeJanuary 15, 2019
- Done: Senate committeeFebruary 14, 2019
- Done: Passes the SenateMarch 19, 201947–2
- Done: House committeeApril 4, 2019
- Done: Passes the HouseApril 18, 2019
- Stopped: To the GovernorDied when the General Assembly ended
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill establishes the criminal offense of assault by threat of a targeted attack and provides penalties. The bill provides that any person who threatens to cause serious injury or death to persons assembled in a public place, school building, or any occupied structure other than a single-family residence which thereby places such persons in reasonable apprehension of serious injury or death, or who threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out, commits a class “D” felony.
Read the full explanation
The bill defines “public place” as an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose. _____ land, water or air vehicle, or similar place adapted for overnight accommodation of persons, or occupied by persons for the purpose of carrying on business or other activity therein, or for the storage or safekeeping of anything of value. Such a structure is an “occupied structure” whether or not a person is actually present.18 defines “serious injury” as any of the following: disabling mental illness; bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ; or any injury to a child that requires surgical repair and necessitates the administration of general anesthesia. “Serious injury” includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
Changed since by amendment H-1135; see Amendments.
Senate subcommittee
Named January 15, 2019. On January 17, 2019 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill creates a new criminal offense called assault by threat of a targeted attack and sets penalties for it. The fiscal impact of this bill cannot be estimated because it establishes a new offense and the number of convictions cannot be determined. The average state cost for one aggravated misdemeanor conviction ranges from $4,700 to $7,500 across the Judicial Branch, the State Public Defender, and the Department of Corrections.2
Read the fiscal note
Description
Senate File 275 as amended establishes the criminal offense of assault by threat of a targeted attack, and provides penalties. The Bill provides that a person commits assault by threat of a targeted attack when the person threatens to cause serious injury or death to persons assembled in a public place, school building, or any occupied structure, which thereby places such persons in reasonable apprehension of serious injury or death, or threatens to commit such an act under circumstances raising a reasonable expectation that the threat will be carried out. The Bill provides that the criminal offense of assault by threat of a targeted attack is an aggravated misdemeanor.
Background
An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
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.
Correctional Impact
The correctional impact of SF 275 as amended cannot be determined. The Bill establishes a new offense, and the number of convictions cannot be estimated.
Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 8, 2019, for information related to the correctional system.
Table 1 — Sentencing Estimates and LOS
Conviction
Offense Class
Percent
to Prison FY 18
Avg Length
of Stay
Prison
(months) FY 18
Marginal
Cost/Day
Prison
Percent to
Probation
FY 18
Avg Length
of Stay
Probation
(months) FY 18
Avg
Cost/Day
Probation
Percent
to CBC FY 18
Marginal
Cost/Day
CBC
FY 18
Avg Length
of Stay
Parole
(months) FY 18
Marginal
Cost/Day
Parole
Percent
to
County
Jail
Marginal
Cost/Day
Aggravated
Misdemeanor
(Persons) 46.0% 8.5 $19.93 71.0% 20.2 $5.38 5.0% $11.85 4.8 $5.38 53.0% $50.00
Minority Impact
The minority impact of SF 275 as amended is unknown. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 7, 2019, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of SF 275 as amended cannot be estimated. The Bill establishes a new criminal offense, and the resulting cost to the Justice System cannot be estimated. The average State cost for one aggravated misdemeanor conviction ranges from $4,700 to $7,500. This estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple years for prison and parole supervision.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Threat of Targeted Attack · April 22, 2019 · $7,500
- Threat of Targeted Attack · February 18, 2019
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88th General Assembly