Bills › 89th General Assembly
Relating to application of specific penalties to an assault on a social worker under certain circumstances
Sponsored by the Senate Judiciary Committee
Where it is now
- Done: IntroducedJanuary 26, 2022
- Done: SubcommitteeFebruary 2, 2022
- Done: Senate committeeFebruary 16, 2022
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- 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 Licensed social workers would receive the same legal protections as other healthcare providers if they are assaulted while working in a hospital, an ambulance, or at an emergency scene. People who attack these workers with a weapon or cause serious injury could face felony charges. Other types of assaults against these professionals would also result in specific misdemeanor penalties.1
Read the official explanation
This bill adds licensed social workers to the list of health care providers to whom specific penalties under current law apply for assault when the assault is perpetrated on such health care provider who is providing or attempting to provide emergency medical services at the scene or during out-of-hospital patient transportation in an ambulance or who is providing or attempting to provide health services in a hospital. Under the bill, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and with the intent to inflict a serious injury upon the health care provider is guilty of a class “D” felony. Additionally, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and who uses or displays a dangerous weapon in connection with the assault is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. Under the bill, a person who commits an assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider and who causes bodily injury or mental illness is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A person who commits any other assault against a health care provider, including a social worker, in the specified situations, who knows that the person against whom the assault is committed is a health care provider commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
Fiscal note
Cost: up to $16,600 Compare with other bills
AI summary This bill adds licensed social workers to a list of health care providers who face enhanced penalties for being assaulted while providing services. The fiscal impact cannot be determined because there is a lack of existing conviction data for these specific circumstances. However, the bill may increase costs for the State General Fund through expenses for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
Senate File 2292 adds licensed social workers to the list of health care providers to whom specific penalties under Iowa Code section 708.3A apply for assault when the assault is perpetrated on the health care provider in specified circumstances. These circumstances include when the health care provider is providing or attempting to provide emergency medical services at the scene or during out-of-hospital patient transportation in an ambulance, or when the health care provider is providing or attempting to provide health services in a hospital. Under Iowa Code section 708.3A, committing an assault against a health care provider in the specified circumstances, with knowledge that the person is a health care provider, is punishable as follows:
- Assault with the intent to inflict a serious injury is a Class D felony.
- Assault when using or displaying a dangerous weapon in connection with the assault is a Class D felony.
- Assault causing bodily injury or mental illness is an aggravated misdemeanor.
- Any other assault is a serious misdemeanor.
Background
The health care providers to whom specific penalties under Iowa Code section 708.3A currently apply include emergency medical care providers, medical and osteopathic physicians and surgeons, physician assistants, resident physicians, and nurses.
Other occupations to which specific penalties apply under Iowa Code section 708.3A include peace officers, jailers, correctional staff, members or employees of the Board of Parole, employees of the Department of Human Services, employees of the Department of Revenue, civilian employees of a law enforcement agency, civilian employees of a fire department, and fire fighters.
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. 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 serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not more than $2,560.
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
Senate File 2292 expands the definition of an existing criminal offense, and the correctional impact cannot be determined for this Bill due to a lack of existing conviction data. However, in FY 2021 there were 25 individuals admitted to prison and 108 individuals admitted to community-based corrections (CBC) on a most serious offense under Iowa Code section 708.3A. This Bill may increase the number of convictions and prison admissions under Iowa Code section 708.3A.
Table 1 below shows estimates for sentencing to State prison, parole, probation, or CBC residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class D felonies, aggravated misdemeanors, and serious misdemeanors. 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.
Table 1 — Sentencing Estimates and Length of Stay (LOS)
Minority Impact
Senate File 2292 is estimated to disproportionately impact African American and Hispanic individuals. Of the 25 prison admissions in FY 2021 under Iowa Code section 708.3A, 76.0% were White and 12.0% were African American, while the Iowa population is 85.3% White and 3.9% African American. Of the 108 CBC admissions in FY 2021, 71.0% were White, 17.0% were African American, and 12.0% were Hispanic, while the Iowa population is 85.3% White, 3.9% African American, and 6.2% Hispanic. 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
Senate File 2292 expands the definition of an existing criminal offense, and the fiscal impact cannot be determined for this Bill due to the lack of existing conviction data. The average State cost per offense for a Class D felony ranges from $9,100 to $16,600. The average State cost per offense for an aggravated misdemeanor ranges from $4,900 to $9,500. The average State cost per offense for a serious misdemeanor ranges from $410 to $7,000. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the IndigentConviction
Offense Class
Percent
Ordered
to State
Prison
FY 21 Avg
LOS in
Prison in
Months (All Releases) FY 21
Marginal
Cost Per
Day
Prison
Percent
Ordered
to
Probation
Avg LOS
on
Probation
in Months FY 21 Avg
Cost Per
Day
Probation
Percent
Sentenced
to CBC
Residential
Facility
FY 21
Marginal
Cost Per
Day CBC
Percent
Ordered
to
County
Jail
Marginal
Cost Per
Day
Jail
Avg
LOS on
Parole
in
Months
FY 21
Marginal
Cost Per
Day
Parole
D Felony
(Persons) 84.2% 18.8 $23.33 47.8% 32.8 $7.01 10.5% $17.78 38.6% $50.00 11.3 $7.01
Aggravated
Misdemeanor
(Persons) 47.0% 9.6 $23.33 51.7% 20.6 $7.01 5.2% $17.78 70.7% $50.00 6.2 $7.01
Serious
Misdemeanor 1.8% 6.5 $23.33 56.0% 14.5 $7.01 0.9% $17.78 69.0% $50.00 18.1 $7.01 Defense Fund, and the Department of Corrections. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Table 2 below shows current LOS and cost estimates for supervising one admission to State prison or CBC for a Class D felony, an aggravated misdemeanor, and a serious misdemeanor for all offenses under Iowa Code section 708.3A. Cost per admission is rounded. Table 2 — Supervision Cost Per Prison and CBC Admission, Iowa Code Section 708.3A
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Legislative Services Agency
- Social Workers, Assault Enhancement · February 22, 2022 · $16,600