Relating to public safety including the crimes of failure to assist, abuse of a corpse, and interference with official acts, and providing penalties

Description

Senate File 243 relates to public safety including the crimes of failure to assist, abuse of a corpse, and interference with official acts, and provides penalties. The Bill expands the crime of abuse of a corpse to include when a person fails to disclose the known location of a corpse with the intent to conceal a crime.

Senate File 243 adds medical examiners to the list of authorities relating to the crime of interference with official acts. The Bill provides that a person commits interference with official acts when the person knowingly resists or obstructs anyone known by the person to be a medical examiner in the performance of any act which is within the scope of the medical examiner’s lawful duty or authority.

Senate File 243 creates the crime of failure to assist. The Bill provides that a person who reasonably believes another person is suffering from a risk of serious bodily injury or imminent danger of death shall, if the person is able, attempt to contact local law enforcement or emergency response authorities, if doing so does not place the person or the other person at risk of serious bodily injury or imminent danger of death. A person shall not be required to contact local law enforcement or emergency response authorities if the person knows or reasonably believes that the other person is not in need of help or assistance. A person who violates new Iowa Code section 727.12 without lawful cause commits the following:

• A simple misdemeanor if the failure to assist results in the other person suffering serious bodily injury.
• An aggravated misdemeanor if the failure to assist results in the death of the other person.

Background

Under current law, the crime of abuse of a corpse is a Class D felony punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245, and the crime of interference with official acts is a simple misdemeanor and includes a fine of not less than $250. The crime of failure to assist, as applied in the Bill, is punishable by a simple misdemeanor or an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.

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 243 expands the crime of abuse of a corpse and interference with official acts to include new actions, and creates the crime of failure to assist. Due to a lack of existing data for these expanded and new crimes, a correctional impact cannot be estimated. 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 of aggravated misdemeanors and Class D felonies. The LOS data is not applicable to simple misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — LOS and Sentencing Estimates

Minority Impact

Senate File 243 expands the definition of abuse of a corpse and interference with official acts to include new actions not previously criminalized, and establishes the crime of failure to assist. 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 SF 243. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 243 expands the definition of abuse of a corpse and interference with official acts and establishes the crime of failure to assist, 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 and expanded offenses in SF 243 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

Avg

Length of

Stay in

County

Jail

Marginal

Cost Per

Day

Avg LOS

on Parole FY 20

Average

Cost Per

Day

Parole

Class D Felony

(Persons) 77.0% 16.0 $20.33 47.8% 30.5 $5.38 10.5% $14.78 38.6% N/A $50.00 11.5 $5.38

Aggravated

Misdemeanor

(Persons) 43.0% 7.1 $20.33 51.7% 20.2 $5.38 3.3% $14.78 70.7% N/A $50.00 6.0 $5.38Offense Class Minimum Maximum Simple Misdemeanor 40$ 350$ Aggravated Misdemeanor 3,700 7,800 Class D Felony 7,700 13,500

Total Cost

Sources

• CJJP, Department of Human Rights
• Judicial Branch
• Department of Corrections