Relating to assault involving a laser emitting a visible light beam and making penalties applicable

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