Bills › 90th General Assembly
Relating to public safety nuisances at adult cabarets, and making penalties applicable
Topics:Courts & civil lawCrime & correctionsPublic safety & emergencies
Same legislation: HF 2531
Where it is now
- Done: IntroducedFebruary 6, 2024
- Done: SubcommitteeFebruary 8, 2024
- Done: House committeeFebruary 13, 2024
- Skipped: Passes the HouseContinued as HF 2531
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2531 → Its progress continues under the new number. Go to HF 2531 What’s a funnel?
What’s in it
AI summary If people at an adult cabaret or nearby use weapons, commit assaults, or participate in multiple riots, the business can be labeled a public safety nuisance. Local attorneys can ask a court to limit the club's hours, stop alcohol sales, or even close the business entirely. People responsible for continuing these types of nuisances could also face criminal charges and fines.1
Read the official explanation
This bill provides the circumstances where an adult cabaret is deemed to be a public safety nuisance and provides penalties. The bill provides that a public safety nuisance exists when an owner, manager, employee, contemporaneous patron, or guest of an adult cabaret commits any of the following acts either on the premises or within 500 hundred feet of the premises: (1) unlawfully discharges a firearm or uses an offensive weapon, (2) assaults another person with a dangerous weapon resulting in injury or death, or (3) engages in a riot three or more times in a 12-month period. The riot participants need not be the same persons for each incident. The bill provides when the county attorney or city attorney believes a serious threat to the public safety exists, the county attorney, city attorney, or any other attorney on behalf of the county attorney or city attorney may file a suit in equity in the local district court without bond seeking abatement of a public safety nuisance arising from an adult cabaret. The bill provides that upon filing a suit, the petitioner may seek a temporary injunction which can include limitation of business hours of the adult cabaret and a prohibition on the consumption of alcoholic beverages on the property. The court may also order any other restrictions that it deems appropriate. The bill provides that if the court finds that a public safety nuisance exists, the court may enter judgment declaring the existence of the nuisance and ordering such remedial action to abate the nuisance. The abatement order may include an injunction of up to two years, temporary or complete closure, change in business practice or operation, or posting of a bond.3 (penalty —— abatement), a person who is convicted of erecting, causing, or continuing a public or common nuisance 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.
Changed since by amendment S-5094; see Amendments.
House subcommittee
Named February 8, 2024. On February 12, 2024 it recommended passage. Vote Total: 3-0.
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
AI summary This bill defines when an adult establishment can be considered a public safety nuisance and allows cities or counties to file lawsuits against them. Because the bill creates a new criminal offense, the fiscal impact cannot be estimated due to a lack of existing conviction data. The estimated impact to the State General Fund would include operating costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 2531 provides the circumstances where an adult establishment may be deemed to be a public safety nuisance and provides penalties. The Bill establishes when a city or county attorney may file suit to seek relief from an adult cabaret that has been deemed a public nuisance.
Background
Iowa Code chapter 657 establishes what constitutes a nuisance and provides penalties. A person who is convicted of constructing, causing, or continuing a public or common nuisance is guilty of an aggravated misdemeanor.
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.
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
House File 2531 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction 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 aggravated misdemeanors. 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)Conviction Offense Class
Percent
Ordered
to State
Prison
FY 2023
Avg LOS in
Prison (All Releases)
Marginal
Cost Per
Day
Prison
Percent
Ordered
to
Probation
FY23
Field Avg
LOS on
Probation
Avg Cost
Per Day on
Probation
Percent
Sentenced
to CBC
Residential
Facility
Marginal
Cost Per
Day CBC
Percent
Ordered
to County
Jail
Marginal
Cost Per
Day Jail
FY23 Field
Avg LOS
on Parole
Marginal
Cost Per
Day Parole
Aggravated Misdemeanor
(Non-Persons) 30.4% 7.5 $24.94 45.0% 25.1 7.67$ 3.6% 20.00$ 71.7% 50.00$ 11.9 7.67$
Minority Impact
House File 2531 creates a new criminal offense. As a result, the Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. 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 2531 creates a new criminal offense, and the fiscal impact cannot be estimated due to a lack of existing conviction data. The average State cost for an aggravated misdemeanor conviction ranges from $7,500 to $10,800. 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.
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Final Fiscal Note — Nuisances, Adult Establishments · May 1, 2024 · $10,800
- Nuisances, Adult Cabarets · February 26, 2024 · $10,800
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90th General Assembly