Bills › 90th General Assembly
Where it is now
- Done: IntroducedFebruary 27, 2023
- Done: SubcommitteeFebruary 27, 2023
- Done: Senate committeeMarch 6, 2023
- Skipped: Passes the SenateContinued as SF 521
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 521 → Its progress continues under the new number. Go to SF 521 What’s a funnel?
What’s in it
AI summary People who assault sports officials like referees or umpires would face new, specific criminal penalties. If someone attacks an official with a weapon or intends to cause serious injury, it would be treated as a felony. Other types of assaults against these officials would also result in different levels of misdemeanor charges.1
Read the official explanation
This bill relates to assaults on sports officials. _____ misdemeanor up to a class “D” felony. The bill adds “sports officials” to the list of protected occupations. The bill provides that a person who commits an assault against a sports official, with the knowledge that the person against whom the assault is committed is a sports official, and with the intent to commit a serious injury, is guilty of a class “D” felony. The bill provides that a person who commits an assault against a sports official, who knows that the person against whom the assault is committed is a sports official, and who uses or displays a dangerous weapon in connection with the assault, is guilty of a class “D” felony. The bill provides that a person who commits an assault against a sports official, who knows that the person against whom the assault is committed is a sports official, and who causes bodily injury or mental illness, is guilty of an aggravated misdemeanor. The bill provides that any other assault committed against a sports official by a person who knows that the person against whom the assault is committed is a sports official is a serious misdemeanor. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. 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 serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill defines “sports official” as an individual who serves as a referee, umpire, or linesman, or in a similar capacity, at any athletic contest, and who is a member of or registered with a local, state, regional, or national organization that is engaged, in part, in providing education and training to sports officials. The bill takes effect upon enactment.
Senate subcommittee
Named February 27, 2023. On February 28, 2023 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 This bill adds sports officials to a list of occupations that receive enhanced penalties for assault. Because the bill expands an existing criminal offense, the fiscal impact on the state's General Fund, the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections cannot be determined.3
Read the fiscal note
Description
Senate File 521 adds sports officials to the list of occupations to which enhanced penalties apply under Iowa Code section 708.3A related to assault when the assault is perpetrated on an individual of that occupation in specified circumstances.
The Bill takes effect upon enactment.
Background
Under Iowa Code section 708.3A, the penalty for committing an assault against a person of the listed occupations, with knowledge that the person is a member of that occupation, is as follows:
- A Class D felony for assault with the intent to inflict a serious injury.
- A Class D felony for assault when using or displaying a dangerous weapon in connection with the assault.
- An aggravated misdemeanor for assault causing bodily injury or mental illness.
- A serious misdemeanor for any other assault.
The occupations to which enhanced penalties apply under Iowa Code section 708.3A include peace officers, jailers, correctional staff, members or employees of the Board of Parole, health care providers, employees of the Department of Human Services, employees of the Department of Revenue, National Guard members, civilian employees of a law enforcement agency, civilian employees of a fire department, and fire fighters.
Under Iowa Code section 708.2, the standard penalties for assault are as follows:
- An aggravated misdemeanor for assault with the intent to inflict a serious injury.
- An aggravated misdemeanor for assault when using or displaying a dangerous weapon in connection with the assault.
- A serious misdemeanor for assault causing bodily injury or mental illness.
- A Class D felony for assault without the intent to inflict serious injury but causing serious injury.
- A Class C felony for assault with the use of any object to penetrate the genitalia or anus of another person.
- A simple misdemeanor for any other assault.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but not more than $10,245. 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 serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not more than $2,560.
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 521 expands the definition of an existing criminal offense, and the correctional impact cannot be determined due to a lack of existing conviction data. Table 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 all convictions of Class D felonies, aggravated misdemeanors, and serious misdemeanors. 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 LOS
Minority Impact
Senate File 521 expands the definition of an existing criminal offense. As a result, the Division of Criminal and Juvenile Justice Planning cannot use prior existing data to estimate the minority impact. However, of the 843 convictions for assault under Iowa Code section 708.3A in FY 2022, 66.3% were Caucasian, 23.1% were African American, and 10.6% were other races. Iowa’s population is 84.5% Caucasian, 3.6% African American, and 11.9% other races. 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
Senate File 521 expands the definition of an existing criminal offense, and the fiscal impact cannot be determined. Table 2 shows the average State cost per offense for a 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 the Department of Corrections. The cost would be incurred across multiple fiscal years for prison and parole supervision.Conviction
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
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
Aggravated
Misdemeanor
(Persons) 45.5% 9.7 $23.42 64.9% -- $7.27 3.8% $20.67 55.6% $50.00 7.0 $7.27
Serious
Misdemeanor 1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27 Table 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Department of Human Rights, Criminal and Juvenile Justice Planning Division
- Legislative Services Agency
- Assault, Sports Officials · March 7, 2023
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90th General Assembly