Relating to the use of a simulated firearm or simulated explosive when committing certain criminal offenses, and providing penalties

Description

Senate File 2360 relates to the use of a simulated firearm or simulated explosive when committing certain criminal offenses, and provides penalties. The Bill adds the use of a simulated explosive to the offense of burglary in the first degree under Iowa Code section 713.3. The Bill adds the use of a simulated firearm to the following offenses:

• Assault under Iowa Code sections 708.1 and 708.2.
• Domestic abuse assault under Iowa Code section 708.2A.
• Assault in violation of individual rights under Iowa Code section 708.2C.
• Assault on persons engaged in certain occupations under Iowa Code section 708.3A.
• Stalking under Iowa Code section 708.11.
• Sexual abuse in the second degree under Iowa Code section 709.3.
• Kidnapping in the second degree under Iowa Code section 710.3.
• Robbery in the first degree under Iowa Code section 711.2.

The Bill adds the use of a simulated firearm or a simulated explosive to the following offenses or Iowa Code sections:

• Intimidation with a dangerous weapon under Iowa Code section 708.6.
• Attempted burglary in the first degree under Iowa Code section 713.4.
• Burglary in the second degree under Iowa Code section 713.5.
• Attempted burglary in the second degree under Iowa Code section 713.6.
• Interference with official acts under Iowa Code section 719.1.
• The definition of “criminal acts” by criminal street gangs under Iowa Code section 723A.1.
• Use of a dangerous weapon in the commission of a crime under Iowa Code section 724.4.
• The minimum sentence for use of a dangerous weapon under Iowa Code section 902.7.

Background

Senate File 2360 defines a simulated firearm and a simulated explosive as a device or explosive that appears to be a firearm or explosive when displayed or when represented to be a firearm or explosive.

The penalties for the offenses listed in the Bill range from an aggravated misdemeanor to a Class B felony. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of between $855 and $8,540. A Class D felony is punishable by confinement for no more than five years and a fine of between $1,025 and $10,245. A Class C felony is punishable by confinement for no more than 10 years and a fine of between $1,370 and $13,660. A Class B felony is punishable by confinement for no more than 25 years.

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.
• The inclusion of simulated firearms and simulated explosives in the definitions of existing crimes will increase the number of individuals convicted of those crimes.

Correctional Impact

Senate File 2360 provides a minimum sentence of five years for an offender convicted of a forcible felony who represented that the offender was in the immediate possession and control of a simulated firearm or a simulated explosive, displayed a simulated firearm or a simulated explosive in a threatening manner, or was armed with a simulated firearm or simulated explosive while participating in the forcible felony.

It is unknown how many additional convictions would result under the inclusion of simulated firearms and simulated explosives. There may be a correctional impact; however, it cannot be estimated due to a lack of data. Table 1 below shows FY 2021 conviction count data for the offenses impacted by SF 2360.

Table 1 — Conviction Count Data, FY 2021 Table 2 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors, Class D felonies, Class C felonies, and Class B felonies. 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.Iowa Code Section Offense Class Offense Description Conviction Count 708.1 and 708.2(3) Agg. Misd. Assault 1,115 708.2A(2)(c) Agg. Misd. Domestic abuse assault 479 708.2C(4) D Felony Assault in violation of individual rights 1 708.3A(2) D Felony Assault on persons engaged in certain occupations 63 708.6 C or D Felony Intimidation with a dangerous weapon 251 708.11(3)(b)(2) D Felony Stalking 6 709.3(1)(a) B Felony Sexual abuse in the second degree 8 710.3 B Felony Kidnapping 4 711.2 B Felony Robbery in the first degree 4 713.3 B Felony Burglary in the first degree 64 713.4 C Felony Attempted burglary in the first degree 24 713.5 C Felony Burglary in the second degree 603 713.6 D Felony Attempted burglary in the second degree 74 719.1 C or D Felony Interference with official acts 2 724.4 Agg. Misd. Use of a dangerous weapon in the commission of a crime 1,734 Total 4,432 Table 2 — Sentencing Estimates and LOS

Minority Impact

Senate File 2360 expands existing offenses. There may be a minority impact; however, it cannot be estimated due to a lack of data. Table 3 below shows FY 2021 minority data related to SF 2360. 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.

Table 3 — Minority Data, FY 2021

Fiscal Impact

The fiscal impact of SF 2360 cannot be estimated due to a lack of data. Table 4 below shows the average State cost per offense class for one conviction of an aggravated misdemeanor, Class D felony, Class C felony, and Class B felony. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC).

Table 4 — Average Cost by Offense Class

Sources

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