Bills › 89th General Assembly
Relating to assault involving a laser emitting a visible light beam and making penalties applicable
Sponsored by the House Public Safety Committee
Topics:Public safety & emergencies
Same legislation: HSB 63
Where it is now
- Done: IntroducedJanuary 14, 2021
- Done: SubcommitteeJanuary 14, 2021
- Done: House committeeJanuary 21, 2021
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Pointing a visible laser beam at someone to cause them pain or injury would now be considered a type of assault. This new rule does not apply to police officers, doctors, or people using lasers for games like paintball. Depending on how much harm is caused, a person who does this could face different levels of criminal charges.1
Read the official explanation
This bill relates to assault involving a laser emitting a visible light beam.1. This definition does not apply to a law enforcement officer who uses a laser in discharging or attempting to discharge the officer’s official duties, to a health care professional who uses a laser in providing services, or to any other person who is licensed or authorized by law to use a laser or uses it in the performance of the person’s official duties, or to a person who uses a laser to play tag, paintball, and other similar games using light-emitting diode technology. A person who commits an assault is guilty of a simple misdemeanor, aggravated misdemeanor, serious misdemeanor, class “D” felony, or a class “C” felony depending upon the circumstances of the offense.
House subcommittee
Named January 14, 2021 (as HSB 63). On January 21, 2021 it recommended passage. H.J. 179.
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
Can’t be estimated Compare with other bills
AI summary This bill expands the definition of assault to include intentionally pointing a laser emitting a visible light beam at another person to cause pain or injury. The fiscal impact cannot be estimated due to a lack of existing conviction data. The bill may also result in an increase in fine and surcharge revenue, but the impact is unknown.3
Read the fiscal note
Description
House File 198 relates to assault involving a laser emitting a visible light beam. The Bill expands the definition of assault under Iowa Code section 708.1 to include intentionally pointing a laser emitting a visible light beam at another person with the intent to cause pain or injury to another. The definition does not apply to:
- A law enforcement officer who uses a laser in discharging or attempting to discharge the officer’s official duties.
- A health care professional who uses a laser in providing services or to any other person who is licensed or authorized by law to use a laser or uses it in the performance of official duties.
- A person who uses a laser to play laser tag, paintball, and other similar games using light-emitting diode technology.
Background
The penalties for assault are defined under Iowa Code section 708.2 and range from a simple misdemeanor to a Class C felony depending on the circumstances of the offense. Felonies and misdemeanors are punishable by the terms defined in Iowa Code chapters 902 and 903 respectively.
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
House File 198 expands the definition of assault, and the correctional impact cannot be estimated due to a lack of existing data.
Table 1 provides 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 ranging from aggravated misdemeanors to Class C felonies. The LOS data is not applicable to simple or serious misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 26, 2021, for information related to the correctional system.
Table 1 — Sentencing Estimates and LOS
Minority Impact
House File 198 expands the definition of assault to include new actions not previously criminalized under Iowa Code chapter 708. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of HF 198. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 26, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 198 expands the definition of assault, and the fiscal impact cannot be estimated due to the lack of existing conviction data. Table 2 contains cost estimates for the average State cost per offense class type for one conviction. 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 The new offense established by HF 198 may also result in an increase in fine and surcharge revenue, but the impact is unknown.Conviction Offense
Class
Percent
to Prison
Avg
Length of
Stay
Prison
(months) FY 20
Marginal
Cost/Day
Prison
Percent
Ordered
to
Probation
Avg LOS
on
Probation
Avg Cost
Per Day
on
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 20
Marginal
Cost
CBC Per
Day
Percent
Ordered
to County
Jail
Marginal
Cost Per
Day
Avg
LOS on
Parole
FY 20
Marginal
Cost Per
Day
Parole
Class C Felony
(Persons) 89.0% 38.6 $20.33 27.9% 34.1 $5.38 6% $14.78 49.1% $50.00 21.5 $5.38
Class D Felony
(Persons) 77.0% 16.0 $20.33 47.8% 30.5 $5.38 11% $14.78 38.6% $50.00 11.5 $5.38 Aggr. Misd.
(Persons) 43.0% 7.1 $20.33 51.7% 20.2 $5.38 3% $14.78 70.7% $50.00 6.0 $5.38Offense Class Minimum Maximum Simple Misdemeanor 40$ 350$ Serious Misdemeanor 410 7,500 Aggravated Misdemeanor 3,700 7,800 Class D Felony 7,700 13,500 Class C Felony 9,900 19,200
Total Cost
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Judicial Branch
- Assault, Lasers · January 28, 2021
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89th General Assembly