Relating to critical infrastructure sabotage, and making penalties applicable

Description

House File 879 relates to critical infrastructure sabotage. The Bill expands the definition of “critical infrastructure” under Iowa Code section 716.11(1)(c) to include a telecommunications service, information service, or cable service as defined in 47 U.S.C. §153 or a wireless service as defined in Iowa Code section 8C.2.

Background

A person who overtly, intentionally, and without authorization causes or has the means to cause, and in substantial furtherance of causing, a substantial and widespread interruption or impairment of a fundamental service rendered by critical infrastructure commits critical infrastructure sabotage, a Class B felony.

In FY 2024, there were no convictions and no individuals were admitted to prison or probation under Iowa Code section 716.11.

A Class B felony is punishable by up to 25 years of confinement and a fine of at least $85,000 but not more than $100,000.

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 879 expands the definition of critical infrastructure. The correctional impact cannot be determined due to a lack of existing conviction data, and it is unknown how many additional convictions would result from the changes to the definition. 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 felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.

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

Minority Impact

House File 879 expands the definition of critical infrastructure. The minority impact cannot be determined since it is not known how many additional convictions would result from the changes to the definition. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of HF 879 cannot be determined since it is not known how many additional convictions would result from the changes to the definition. Figure 2 shows the average State cost per offense for a Class B felony. The estimated impact to the 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

Sources

• Department of Corrections
• Department of Management (DOM) Criminal Justice Planning