Relating to tampering with witnesses or jurors, and providing penalties

Description

House File 2472 as amended and passed by the House increases the penalty for tampering with witnesses and jurors from an aggravated misdemeanor to a Class D felony.

Background

Under Iowa Code section 720.4, tampering with witnesses or jurors includes any of the following:

• Offering to bribe any person who the offeror believes has been or may be summoned as a witness or juror in any judicial or arbitration proceeding or any legislative hearing.
• Making threats toward such witness or juror, or forcibly or fraudulently detaining or restraining such witness or juror, with the intent to improperly influence such witness or juror with respect to the witness’s or juror’s testimony or decision in a case or to prevent such person from testifying or serving in a case.
• Harassing a witness or juror in retaliation for anything lawfully done by any witness or juror in any case.

An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245.

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

House File 2472 as amended increases the penalty for tampering with witnesses and jurors from an aggravated misdemeanor to a Class D felony. In FY 2021, two individuals entered prison and two individuals entered community-based corrections (CBC) under Iowa Code section 720.4. The increased penalty will likely result in an increase in those sentenced to prison. It is also likely that overall LOS will increase. Individuals with a conviction under Iowa Code section 720.4 who were released from prison in FY 2021 had an average LOS of 8.1 months. The average LOS for an aggravated misdemeanor against persons conviction is 9.6 months, compared to 18.8 months for a Class D felony against persons conviction. This difference in LOS would result in an increased prison population as a result of HF 2472 as amended.

Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Minority Impact

According to the Criminal and Juvenile Justice Planning Division of the Department of Human Rights, 22.9% of convictions under Iowa Code section 720.4 in FY 2021 were African American, while the Iowa population is 3.9% African American. However, the Department of Corrections (DOC) reports that all individuals who entered prison and CBC under Iowa Code section 720.4 in FY 2021 were Caucasian. Due to the variation in data at the conviction and community supervision level by race, the minority impact of HF 2472 as amended cannot be calculated. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2472 as amended is estimated to cost approximately $28,000 more per cohort of individuals who enter DOC supervision each year for an offense under Iowa Code section 720.4. In FY 2021, four individuals entered DOC supervision for an offense under Iowa Code section 720.4. Table 1 below shows the estimated fiscal impact to the DOC if all four admissions entered as a Class D felony instead of as an aggravated misdemeanor. Total costs are rounded.

Table 1 — Change in Cost Per Cohort Under HF 2472 as Amended

Sources

• Department of Corrections
• Criminal and Juvenile Justice Planning Division, Department of Human Rights
• Legislative Services Agency