Bills › 89th General Assembly
Relating to public safety including prohibited acts on fully controlled-access facilities and disorderly conduct, and providing penalties
Sponsored by the House Public Safety Committee
Topics:Crime & correctionsPublic safety & emergenciesTransportation
Same legislation: HSB 142
Where it is now
- Done: IntroducedFebruary 8, 2021
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- 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 People walking or riding bicycles and skateboards would be banned from using highways and other controlled-access roads. The law also creates tougher punishments for disorderly conduct if someone blocks a street, sidewalk, or business entrance to stop others from using it. These penalties increase depending on whether the person causes property damage, hurts someone, or is part of a riot.1
Read the official explanation
This bill relates to public safety including prohibited acts on fully controlled-access facilities and disorderly conduct, and provides penalties. The bill provides that it is unlawful for a person to operate a bicycle, skateboard, or other pedestrian conveyance or be a pedestrian anywhere on a fully controlled-access facility.8A. The fine for a violation is $135.4 (disorderly conduct) are simple misdemeanors.4 by providing additional criminal penalties greater than a simple misdemeanor for additional acts of disorderly conduct. The bill provides that a person commits a serious misdemeanor when the person, without lawful authority or color of authority, obstructs or attempts to obstruct any street, sidewalk, highway, or other public way, or obstructs or attempts to obstruct any business, business drive, parking lot, or business access, with the intent to prevent or hinder its lawful use by others.2.1; or causes bodily injury. The bill provides that a person commits a class “C” felony when the person, without lawful authority or color of authority, obstructs any street, sidewalk, highway, or other public way with the intent to prevent its unlawful use by others and serious injury or death results.
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill prohibits pedestrians and certain conveyances from using fully controlled-access facilities and increases penalties for specific acts of disorderly conduct. Because the bill expands the definition of disorderly conduct, the fiscal impact on the state cannot be estimated. The bill may also increase fine and surcharge revenue, but that impact is unknown.3
Read the fiscal note
Description
House File 430 relates to public safety, including prohibited acts on fully controlled-access facilities and disorderly conduct, and provides penalties. The Bill provides that it is unlawful for a person to operate a bicycle, skateboard, or other pedestrian conveyance or be a pedestrian anywhere on a fully controlled-access facility. A violation is punishable by a scheduled fine of $135.
The Bill modifies the crime of disorderly conduct by providing additional penalties greater than a simple misdemeanor for additional acts of disorderly conduct. Under the Bill, it is a simple misdemeanor if a person obstructs or attempts to obstruct, without lawful authority, any street, sidewalk, highway, or other public way, or any business, business drive, parking lot, or business access, with the intent to prevent or hinder its lawful use by others. Under the Bill, certain acts, in addition to those listed, would result in increased penalties ranging from an aggravated misdemeanor to a Class C felony.
Background
Under current law, all disorderly conduct violations are simple misdemeanors. Simple misdemeanors are punishable by a fine of at least $105 but not more than $855. Felonies and misdemeanors are punishable by the terms defined in Iowa Code chapters 902 and 903, respectively.
Under Iowa Code section 602.8106(4)(b), scheduled fine revenue for a State law violation is distributed as follows: 91.0% to the State and 9.0% to the county in which the violation occurred. Of the State share of fine revenue, 1.3% is distributed to the Emergency Medical Services Fund and 98.7% is distributed to the State General Fund. In addition to the scheduled fine, a Crime Services Surcharge, equal to 15.0% of the fine, and a $55 fee for court costs are also imposed. The fee assessed for court costs is remitted to the State Court Administrator and distributed to the State General Fund.
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 430 expands the definition of disorderly conduct to include actions not previously penalized under Iowa Code section 723.4, and as a result, the correctional impact cannot be estimated due to a lack of existing data. In FY 2019 and FY 2020, there were a combined total of 1,948 disorderly conduct convictions. House File 430 also expands Iowa Code section 321.366 to include new actions, which would be punishable as a scheduled violation. The punishment for a scheduled violation under this Bill does not include the possibility of imprisonment and therefore would not have a correctional impact.
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 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
Of the 1,948 disorderly conduct convictions in FY 2019 and FY 2020, 71.6% were committed by Caucasians and 20.4% were committed by African Americans. In FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the adult population of the State of Iowa, respectively.
House File 430 expands the definition of disorderly conduct to include actions not previously penalized under Iowa Code sections 723.4 and 321.366. 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. 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 430 expands the definition of disorderly conduct, and the fiscal impact cannot be estimated. 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 TypeConviction 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 5.5% $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 10.5% $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 3.3% $14.78 70.7% $50.00 6.0 $5.38Offense Class Minimum Maximum Aggravated Misdemeanor 3,700$ 7,800$ Class D Felony 7,700 13,500 Class C Felony 9,900 19,200
Total Cost
The scheduled fine established by HF 430 may also result in an increase in fine and surcharge revenue, but the impact is unknown. Table 3 shows the distribution of fine and surcharge revenue under current law.
Table 3 — Fine and Surcharge Revenue Distribution
Sources
- CJJP, Department of Human Rights
- Department of Corrections
- Judicial Branch
- Blocking Roadways · February 9, 2021
Iowa Code it changes
Lobbying
1 for · 12 against · 7 undecided · Who →
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89th General Assembly