Bills › 88th General Assembly
Where it is now
- Done: IntroducedJanuary 15, 2020
- Done: SubcommitteeJanuary 15, 2020
- Done: Senate committeeFebruary 17, 2020
- Skipped: Passes the SenateContinued as SF 2375
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 2375 → Its progress continues under the new number. Go to SF 2375 What’s a funnel?
What’s in it
This bill relates to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree. _____ abuse. An information or indictment for a sexual abuse offense committed on or with a person who is under years of age shall be found within years after the person upon whom the offense is committed attains years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.
Read the full explanation
For other sexual abuse offenses committed upon a person years of age or older, the information or indictment shall be found within years after the commission of the offense, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later. The bill allows an information or indictment in a criminal case, or a civil action for damages, for sexual abuse in the first, second, or third degree, to commence at any time after the commission of the offense. Civil actions for sexual abuse offenses, other than sexual abuse in the first, second, or third degree, which occurred when the injured person was a child, but not discovered until after the injured person is the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.10 (DNA profile of accused).
Senate subcommittee
Named January 15, 2020. On February 12, 2020 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 changes the time limits for starting criminal cases and civil lawsuits related to certain sexual abuse, kidnapping, and human trafficking offenses. The fiscal impact of this legislation cannot be estimated because the number of additional convictions is unknown. This could potentially increase costs for the Judicial Branch, the State Public Defender, and the Department of Corrections.2
Read the fiscal note
Description
Senate File 2375 relates to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree; kidnapping; and human trafficking. The Bill allows an information or indictment in a criminal case, or a civil action for damages, for sexual abuse in the first, second, or third degree; kidnapping; or human trafficking, to commence at any time after the commission of the offense. The Bill provides that a civil action for sexual abuse offenses, other than sexual abuse in the first, second, or third degree, which occurred when the injured person was a child, but not discovered until after the injured person is the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
Background
Under current law, in sexual abuse, kidnapping, and human trafficking cases, an injured person must bring a civil action for injuries suffered or an indictment or information must be filed within a certain statutory time period dependent upon certain circumstances including a victim’s age and whether an offender was identified through the use of a DNA profile. The penalties associated with the applicable offenses under this Bill range from a Class D to a Class A felony.
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
The correctional impact of SF 2375 is unknown. Although it is known that sexual abuse is frequently underreported and victims often wait years to come forward, precise estimates of the impact of this legislation are not available. This Bill could result in an increase in convictions of the applicable offenses. Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class B, C, and D felonies.
Table 1 — Sentencing Estimates 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.
Minority Impact
The minority impact of SF 2375 cannot be estimated due to the unknown number of convictions. In FY 2019, African Americans made up 3.6% of the adult population of the State of Iowa and 22.5% of convictions for sexual abuse in the 1st, 2nd, or 3rd degree in FY 2019. According to the Criminal and Juvenile Justice Planning Division, this exceeds the population proportion of the State, which would lead to a racial impact if it remains constant. Due to the low numbers of other minorities, the impact on those populations cannot be estimated. 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.
Fiscal Impact
The fiscal impact of SF 2375 cannot be estimated due to the unknown correctional impact. The Bill may result in some additional convictions. Table 2 provides cost estimates for the average State cost per conviction of a Class B, C, or D felony. The cost 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 fiscal years for prison and parole supervision.
Table 2 — Average State Cost per Offense Class Type
Offense Class Minimum Maximum
Class B Felony $15,500 $37,800 Class C Felony $11,600 $19,400 Class D Felony $10,000 $14,700 The State cost of Class A felonies must be calculated on an individual basis to determine prison costs. At a minimum, Class A felonies require two indigent defense attorneys at a cost of approximately $36,000 and include court time and jury trial costs ranging from $10,000 to $14,300.Conviction
Offense Class
Percent to
Prison
FY 19
Avg
Length of
Stay
Prison
(months) FY 19
Marginal
Cost/Day
Prison
FY 19
Avg
Length of
Stay
Parole
(months) FY 19
Marginal
Cost/Day
Parole
Percent to
Probation
FY 19
Avg
Length of
Stay
Probation
(months) FY 19
Avg
Cost/Day
Probation
Percent to
CBC
Residential
Facility
FY 19
CBC
Marginal
Cost/Day
Percent to
County Jail
Avg
Length of
Stay in
County
Jail
Marginal
Cost/Day
Class B Felony
(Sex Offense) 95.0% 176.6** $20.38 16.7 $6.12 18.0% 0 $6.12 2.0% $12.58 38.0% N/A $50.00
Class C Felony
(Sex Offense) 91.0% 58.9 $20.38 8.9 $6.12 31.0% 42.9 $6.12 8.0% $12.58 37.0% N/A $50.00
Class D Felony
(Sex Offense) 85.0% 27.6 $20.38 5.0 $6.12 44.0% 35.9 $6.12 5.0% $12.58 25.0% N/A $50.00
Source
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Sexual Abuse, Statute of Limitations · February 25, 2020
Iowa Code it changes
Lobbying
6 for · 3 against · 16 undecided · Who →
Family tree
Study bill
88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- SSB 1017 SSB 101789th General Assembly · Renumbered as SF 572Nearly identical
Matched by wording or an identical title.