Relating to explosive materials including blasting agents, detonators, and destructive devices, providing penalties, and including effective date provisions

Description

House File 202 relates to explosive materials including blasting agents, detonators, and destructive devices and provides penalties. The Bill amends the definition of “blasting agent” and “explosive material” and defines the terms “destructive device” and “detonator.” The Bill amends the following offenses to reflect those definitions:

• Provides that any person who uses fire, explosives, or destructive devices to recklessly endanger the property or safety of another commits a serious misdemeanor.
• Provides that a person who possesses any explosive material or destructive device with the intent to commit a public offense commits a Class C felony.
• Provides that a person who possesses any explosive material or destructive device commits an aggravated misdemeanor.
• Provides that a person who, with the intent to intimidate, annoy, or alarm another person, places a simulated explosive or simulated destructive device in a place that the person reasonably believes is likely to cause public alarm or inconvenience commits a serious misdemeanor.

The Bill amends the definition of “offensive weapon” to include the definition of a destructive device as defined in the Bill. Any unauthorized person who knowingly possesses an offensive weapon commits a Class D felony.

The Bill establishes a Class C felony for when a person uses any explosive material or destructive device to commit any public offense or possesses an explosive material or destructive device during the commission of a felony.

The Bill is effective upon enactment.

Background

Iowa Code chapter 101A currently establishes the definitions of the terms “blasting agents” and “explosive materials.” Iowa Code chapter 712 establishes and penalizes the criminal offense of arson. Under Iowa Code section 712.5, any person who uses fire or any incendiary or explosive device or material to recklessly endanger the property or safety of another is guilty of a serious misdemeanor. Iowa Code section 712.6 creates offenses for possessing incendiary or explosive devices or a simulated explosive or incendiary device. Iowa Code chapter 724 creates laws related to weapons. Iowa Code section 724.1 establishes different types of offensive weapons, which range from a machine gun to a ballistic knife. Iowa Code section 724.3 establishes a Class D felony for a person who knowingly possesses an offensive weapon. A serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement of up to two years and a fine of at least $855 but not more than $8,540. A Class D felony is punishable by confinement of up to five years and a fine of at least $1,025 but not more than $10,245. A Class C felony is punishable by confinement of up to 10 years and a fine of at least $1,370 but not more than $13,660.

In FY 2022, there were a total of 88 convictions under Iowa Code sections 712.5, 712.6, and 724.1. Over the last five fiscal years, no individuals have been admitted to prison under Iowa Code section 712.5. There were 10 individuals admitted to Community-Based Corrections (CBC) in FY 2022 under Iowa Code section 712.5.

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 procedures.
• 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

House File 202 creates new definitions, modifies existing definitions, and creates a new penalty. As a result, the correctional impact cannot be estimated. In FY 2022, there were 75 convictions under Iowa Code sections 712.5 and 712.6. The Bill may increase the number of convictions, but the extent of this increase cannot be estimated. Also, the correctional impact for the newly established crime cannot be determined, because it is unknown how many new convictions would result under the Bill.

Table 1 shows estimates for sentencing to State prison, parole, probation, or CBC residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class C felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. Marginal county jail costs are estimated to be $50 per day. 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.

Table 1 — Sentencing Estimates and Length of Stay (LOS)

Minority Impact

House File 202 establishes a new offense and expands the definitions of existing offenses. As a result, the Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of Human Rights 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 20, 2023, for information related to minorities in the criminal justice system.

Fiscal Impact

The total fiscal impact cannot be determined due to a lack of existing conviction data. Table 2 shows the average State cost per offense for a Class C felony, Class D felony, aggravated misdemeanor, and serious misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and theConviction Offense

Class

Percent

Ordered to

State Prison

FY 22 Avg LOS in Prison in Months (All Releases) FY 22

Marginal Cost

Per Day

Prison

Percent

Ordered to

Probation

FY 22 Avg

LOS on

Probation in

Months

FY 22 Avg

Cost Per Day

Probation

Percent

Sentenced to

CBC Residential

Facility

FY 22

Marginal

Cost Per Day

CBC

Percent

Ordered

to County

Jail

Marginal

Cost Per

Day Jail

FY 22 Avg

LOS on

Parole in

Months

FY 22

Marginal

Cost Per

Day Parole

C Felony Persons 89.8% 50.1 $23.42 27.6% 39.0 $7.27 3.6% $20.67 43.2% $50.00 19.5 $7.27 D Felony Persons 79.6% 19.7 $23.42 59.0% 33.2 $7.27 8.6% $20.67 26.3% $50.00 14.4 $7.27 Agg Misd Persons 45.5% 9.7 $23.42 64.9% -- $7.27 3.8% $20.67 55.6% $50.00 7.0 $7.27 Serious Misd 1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27 Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.

Table 2 — Average State Cost Per Offense

Classification of Offense Minimum Maximum

Class C Felony $12,100 $25,100 Class D Felony $9,500 $17,400 Aggravated Misdemeanor $5,000 $9,600 Serious Misdemeanor $400 $5,600

Sources

• Department of Corrections
• Department of Human Rights, Criminal and Juvenile Justice Planning Division
• Department of Public Safety