Relating to assaults on persons engaged in certain occupations and harassment against public utility employees or contractors, and making penalties applicable

Description

Senate File 2400 adds an employee or contractor of a public utility engaged in the performance of a public utility responsibility to the list of occupations that are protected by enhanced assault penalties. The penalty for assault against an employee or contractor of a public utility ranges from an aggravated misdemeanor to a Class C felony. The Bill also provides that harassment that occurs against an employee or contractor of a public utility while engaged in the performance of a public utility responsibility is harassment in the first degree.

Background

Iowa Code sections 708.3A(1) through 708.3A(4) relate to assault against persons engaged in certain occupations as follows:

• Section 708.3A(1) relates to assaults with the intent to inflict a serious injury and establishes such assaults as a Class C felony under current law.
• Section 708.3A(2) relates to assaults with the use or display of a dangerous weapon in connection with an assault and establishes such assaults as a Class C felony under current law.
• Section 708.3A(3) relates to assault causing bodily injury or mental illness and establishes such assaults as a Class D felony under current law.
• Section 708.3A(4) relates to all other forms of assault and establishes such assaults as an aggravated misdemeanor under current law.

Harassment in the first degree is an aggravated misdemeanor under Iowa Code section 708.7(2)(a).

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 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. 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.
• County jail data is unavailable. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
• Conviction data reflects the total number of convictions in adult court, which may include multiple convictions per individual. Not all convictions lead to incarceration, and there may be a delay between conviction and prison admission, which can contribute to differences in totals.
• A six-month delay is assumed from the effective date of the Bill to the date the first offender will enter the correctional system.
• Offender-based convictions are a count of individuals convicted of the same offense. Each offender is counted only once per Iowa Code section, regardless of the number of individual convictions.
• Admissions are a count of individuals newly admitted to the Department of Corrections (DOC) for supervision during a selected time period, based on the most serious offense committed.

Correctional Impact

Senate File 2400 adds an employee or contractor of a public utility engaged in the performance of a public utility responsibility to the list of occupations that are protected by enhanced assault penalties, and as a result , the correctional impact cannot be determined because the number of new convictions under the Bill cannot be estimated. 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 an aggravated misdemeanor, Class D felony, and Class C felony.

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

Conviction Offense Class

Percent

Ordered to

State

Prison

FY 2025 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day

Prison

Percent

Ordered to

Probation

FY 2025

Field Avg

LOS on

Probation

Avg Cost

Per Day

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY 2025

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

Aggravated Misdemeanor Persons 45.4% 9.8 $23.07 62.1% 27.6 $8.00 $16.35 $50.00 9.4 $8.00 D Felony Persons 79.7% 18.1 $23.07 57.6% 40.0 $8.00 $16.35 $50.00 16.8 $8.00 C Felony Persons 89.1% 39.1 $23.07 30.1% 42.8 $8.00 $16.35 $50.00 27.2 $8.00 Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 12, 2026, for information related to the correctional system.

Minority Impact

The minority impact cannot be determined because the number of new convictions under the Bill cannot be estimated. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 12, 2026, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of the Bill cannot be determined because the number of new convictions under the Bill cannot be estimated. Figure 2 shows the average State cost per relevant offense. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The costs would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average State Cost Per Offense

Offense Class Average Cost

Aggravated Misdemeanor $8,300 to $12,200 Class D Felony $13,000 to $18,100 Class C Felony $15,000 to $25,200

Sources

• Department of Corrections
• Division of Data, Planning, and Improvement (DPI), Department of Management (DOM)