Proyectos de ley › 90.ª Asamblea General
Relating to tampering with witnesses or jurors, and providing penalties
Presentado por el comité Judiciary de la Cámara
Temas:Courts & civil law
La misma legislación: HF 237
Dónde está ahora
- Hecho: Presentado8 de febrero de 2023
- Hecho: Subcomité9 de febrero de 2023
- Hecho: Comité de la Cámara21 de febrero de 2023
- Se detuvo: Lo aprueba la CámaraMurió al terminar la Asamblea General
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Murió al terminar la sesión La sesión de 2024 terminó el 19 de abril de 2024, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA People who try to bribe, threaten, or restrain witnesses and jurors would face much harsher punishments under this law. It changes the penalty for this crime from an aggravated misdemeanor to a class C felony. This means someone convicted of these actions could face more time in prison and higher fines. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to tampering with witnesses or jurors. Current law provides that a person who offers a bribe, makes threats, or improperly detains or restrains another person who the person believes has been or will be summoned as a witness or juror in any judicial or arbitration proceeding or legislative hearing for the purpose of influencing or preventing the other person’s testimony or preventing the other person from serving as a juror on the case, commits an aggravated misdemeanor. The bill increases the penalty for tampering with a witness or juror to a class “C” felony. 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. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660.
Nota fiscal
Cost: up to $151,000 Compare con otros proyectos
Resumen con IA This bill changes the penalty for tampering with witnesses or jurors from an aggravated misdemeanor to a Class C felony. It is estimated to increase costs to the Department of Corrections by at least $151,000 per group of individuals admitted to supervision each year for this offense. While the bill may increase the number of people admitted to prison, the extent of that increase cannot be estimated. (en inglés)3
Lea la nota fiscal (en inglés)
Description
House File 399 changes the penalty for tampering with witnesses or jurors from an aggravated misdemeanor to a Class C felony.
Background
Under Iowa Code section 720.4, tampering with witnesses or jurors includes any of the following:
- Offering to bribe any person who the offeror believes has been or may be summoned as a witness or juror in any judicial or arbitration proceeding or any legislative hearing.
- Making threats toward such witness or juror, or forcibly or fraudulently detaining or restraining such witness or juror, with the intent to improperly influence such witness or juror with respect to the witness’s or juror’s testimony or decision in a case or to prevent such person from testifying or serving in a case.
- Harassing a witness or juror in retaliation for anything lawfully done by any witness or juror in any case.
In FY 2022, nine individuals entered Community-Based Corrections (CBC) and four individuals entered prison for this offense.
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. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than $13,660.
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 marginal cost per day in prison is $23.42. The marginal cost per day on probation and parole is $7.27.
- Admissions include only individuals admitted to Department of Corrections (DOC) supervision whose most serious offense is tampering with witnesses or jurors.
Correctional Impact
House File 399 is estimated to increase the LOS for individuals admitted to prison and CBC for this offense. The estimated LOS for individuals admitted to prison would increase from 9.7 months to 50.1 months. The estimated LOS for individuals admitted to CBC would increase from 20.8 months to 39.0 months. Additionally, the Bill may increase prison admissions, but the extent of this increase cannot be estimated. Due to increased LOS and additional individuals admitted to prison, the Bill is estimated to increase the prison population. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information related to the correctional system.
Minority Impact
House File 399 increases the penalty for tampering with witnesses or jurors and may disproportionately impact African American individuals if trends remain constant. Of the 13 individuals admitted to DOC supervision in FY 2022 for this offense, 76.9% were Caucasian and 23.1% were African American. Iowa’s population is 84.5% Caucasian and 3.6% African American. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 399 is estimated to increase costs to the DOC by at least $151,000 per group of individuals admitted to DOC supervision each year for this offense, as shown in Table 1. This cost is incurred across the entire LOS. Table 1 represents the cost of all individuals admitted to DOC supervision for this offense in one year. This cost would recur for each annual group of admissions.
Table 1 — Increase in Costs to the DOC Under HF 399 Additionally, the Bill may increase the number of individuals admitted to prison for this offense, but the extent of this cannot be estimated. The marginal prison supervision cost for each individual admitted to prison under the Bill’s enhanced penalties would be approximately $36,000 and would be incurred over the entire LOS.
Sources
- Department of Corrections
- Department of Human Rights, Division of Criminal and Juvenile Justice Planning
- Legislative Services Agency
- Witness Tampering, Penalties · 27 de febrero de 2023 · $151,000
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§720.4
Cabildeo
1 a favor · 1 en contra · 2 indecisos · Quiénes →
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90th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- HF 2226 Relating to tampering with witnesses or jurors, and providing penalties89th General Assembly · Renumbered as HF 2472 · same titleCleared committee
- HF 2472 Relating to tampering with witnesses or jurors, and providing penalties89th General Assembly · Passed House · same titlePassed a chamber
Matched by wording or an identical title.