Relating to robbery in the first degree, robbery in the second degree, and the applicable statutes of limitations

Sponsored by the House Judiciary Committee

Topics:Crime & corrections

Same legislation: HSB 503, SSB 3051, SF 2282

Write your legislators about itWhat changed before it passed

Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 9, 2024
Done: SubcommitteeJanuary 9, 2024
Done: House committeeJanuary 30, 2024
Done: Passes the HouseFebruary 20, 202474–21
Done: Senate committeeMarch 14, 2024
Done: Passes the SenateMarch 19, 202449–0
Done: To the GovernorApril 10, 2024
Done: Signed into lawApril 10, 2024

Signed into law What’s a funnel?

What’s in it

AI summary People who commit first-degree robbery would have more time before the state can officially charge them with the crime. Currently, the state must bring charges within three years, but this change would extend that limit to five years.¹

Read the official explanation

This bill relates to robbery in the first degree and the applicable statute of limitations.2 shall be found within five years after the commission of the offense. Under current law, an information or indictment for robbery in the first degree must be found within three years after its commission.2 provides that a person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury, or is armed with a dangerous weapon. Robbery in the first degree is a class “B” felony. A class “B” felony is punishable by confinement for no more than years.10(3), which relates to the identification of an accused person by the person’s DNA profile.

Changed since by amendments S-5079, H-8024; see Amendments.

Full bill text · What changed before it passed²

House subcommittee

Named January 9, 2024 (as HSB 503). On January 24, 2024 it recommended passage. Vote Total: 2-0.

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

Can’t be estimated Compare with other bills

AI summary This bill extends the statute of limitations for first-degree and second-degree robbery from three years to five years. The fiscal impact on the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be estimated due to a lack of data.³

Read the fiscal note

Description

House File 2248 extends the statute of limitations for robbery in the first degree under Iowa Code section 711.2, and robbery in the second degree under Iowa Code section 711.3, from three years to five years after the commission of the offense.

Background

Under Iowa Code section 802.3, for any felony except for those enumerated in Iowa Code section 802.1 (murder), 802.2 (sexual abuse — first, second, or third degree), 802.2A (incest), 802.2B (other sexual offenses), 802.2C (kidnapping), 802.2D (human trafficking), 802.2E (sexual abuse — fourth degree), or 802.10 (DNA profile of accused), an indictment or information for a felony must be found within three years after the commission of the offense. Robbery in the first degree is a Class B felony, which is punishable by confinement for up to 25 years. Under Iowa Code section 902.12, this offense carries a mandatory minimum term. A person commits robbery in the first degree when, while perpetrating a robbery, the person purposely inflicts or attempts to inflict serious injury or is armed with a dangerous weapon. Robbery in the second degree is a Class C felony, which is punishable by confinement for up to 10 years and a fine of at least $1,370 but no more than $13,660. Under Iowa Code section 902.12, this offense carries a mandatory minimum. All robbery that is not robbery in the first degree is robbery in the second degree.

In FY 2023, 24 individuals were convicted of robbery in the first degree under Iowa Code section 711.2 and 56 individuals were convicted of robbery in the second degree under Iowa Code section 711.3.

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 delay 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

The correctional impact of expanding the existing statute of limitations for robbery in the first degree and robbery in the second degree from three years to five years cannot be estimated due to a lack of data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class B and Class C felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.

Figure 1 — Sentencing Estimate and Length of Stay (LOS)

Minority Impact

House File 2248 extends the statute of limitations for robbery in the first degree and robbery in the second degree from three years to five years and may disproportionately impact Black individuals if trends remain constant. Of the 24 individuals convicted in FY 2023 of first-degree robbery under Iowa Code section 711.2, 25.0% were White, 66.7% were Black, and 8.3% were of other races. Of the 52 individuals convicted in FY 2023 of second-degree robbery under Iowa Code section 711.3, 34.6% were White, 48.1% were Black, 17.3% were of other races. Iowa’s population is 89.8% White, 4.4% Black, and 5.8% other races. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2248 as extends the statute of limitations for first-degree and second-degree robbery, and the fiscal impact cannot be estimated due to a lack of data. Figure 2 shows the average State cost per offense for a Class B felony and a Class C 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). The cost would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average State Cost Per Offense