Bills › 89th General Assembly
SSB 1054
Topics:Courts & civil lawCrime & correctionsPublic safety & emergencies
Same legislation: SF 243
Where it is now
- Done: IntroducedJanuary 19, 2021
- Done: SubcommitteeJanuary 19, 2021
- Done: Senate committeeFebruary 2, 2021
- Skipped: Passes the SenateContinued as SF 243
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 243 → Its progress continues under the new number. Go to SF 243 What’s a funnel?
What’s in it
AI summary New laws would punish people who hide the location of a body to cover up a crime. It also makes it a crime to interfere with medical examiners or other emergency workers while they are doing their jobs. Additionally, anyone who sees someone in immediate danger of dying or being seriously hurt must call 911 or local police.1
Read the official explanation
This bill 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 provides that a person commits the crime of abuse of a corpse when the person fails to disclose the known location of a corpse with the intent to conceal a crime. Under current law, 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. The bill includes a medical examiner in the current law 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 peace officer, jailer, emergency medical care provider, medical examiner, or fire fighter, or a person performing bailiff duties, in the performance of any act which is within the scope of the lawful duty or authority, or who knowingly resists or obstructs the service or execution by any authorized person of any civil or criminal process or order of any court. Interference with official acts is a simple misdemeanor and shall include the assessment of a fine of not less than $250. The bill creates the crime of failure to assist. _____ fails to immediately contact local emergency response authorities or local law enforcement, or both, as required by the circumstances, commits 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. The bill provides that a promptly placed 911 call discharges the requirement to assist. It is a defense to prosecution for failure to assist if the person actually believed that the other person was not suffering from imminent danger of death or risk of serious bodily injury, or that the person attempted to contact the local emergency response authorities or local law enforcement, or both, and was unable to contact either or both due to circumstances beyond the person’s control. The bill defines “serious bodily injury” as bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Changed since by amendments H-1423, S-3083; see Amendments.
Senate subcommittee
Named January 19, 2021. On January 25, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary Senate File 243 expands the crime of abuse of a corpse, expands the crime of interference with official acts to include medical examiners, and creates a new crime for failure to assist someone in danger. Because there is no existing data for these new or expanded crimes, the fiscal impact and the correctional impact cannot be estimated. The bill may also result in an increase in fine and surcharge revenue, but that impact is unknown.3
Read the fiscal note
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
- Final Fiscal Note — Death or Incapacitating Injury, Failure to Report · June 28, 2021
- Death or Incapacitating Injury, Failure to Report · May 3, 2021
- Death or Incapacitating Injury, Failure to Report · February 8, 2021
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89th General Assembly