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HF 310 – Assaults on Health Care Providers (LSB1156HV)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – New
Description
House File 310 modifies the definition of “health care provider” under Iowa Code section
708.3A(5) (assaults on persons engaged in certain occupations). Under the Bill, a health care
provider would include anyone who is working, volunteering, or participating in an educational
course of instruction at a hospital or rural emergency hospital as defined in chapter 135B, or at
a nursing facility as defined in chapter 135C.
Background
Iowa Code chapter 708 establishes the penalties for assault, and assault is defined under Iowa
Code section 708.1. Under Iowa Code section 708.3A(5), a health care provider means an
emergency medical provider as defined in Iowa Code chapter 147A or a person licensed or
registered under Iowa Code chapter 148 (medicine, surgery, and osteopathic medicine and
surgery), 148C (physician assistants), 148D (resident physicians), or 152 (nursing) who is
providing emergency medical services or who is providing or attempting to provide health
services as defined in Iowa Code section 10A.711 in a hospital.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025
but no more than $10,245. An aggravated misdemeanor is punishable by confinement for up to
two years and a fine of at least $865 but no more than $8,540. A serious misdemeanor is
punishable by confinement for up to one year and a fine of $430 but no 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 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 310 modifies the definition of “health care provider” in regard to the assault of
persons engaged in certain occupations. It is not known how many additional convictions of
assault under Iowa Code section 708.3A would result from the expanded definition. Therefore,
the correctional impact 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 Class D 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.
Fiscal Note
Fiscal Services Division 2
Figure 1 — Sentencing Estimate and Length of Stay (LOS) in Months
Minority Impact
House File 310 modifies the definition of an offense. 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
House File 310 may increase the number of offenders admitted to prison under Iowa Code
section 708.3A. However, the extent of the increase in costs to the Department of Corrections
(DOC) is unknown. Figure 2 shows the average State cost per offense for a Class D felony, an
aggravated misdemeanor, and a serious misdemeanor. The estimated impact to the General
Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and
the 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
Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)
/s/ Jennifer Acton
February 25, 2025
Doc ID 1522090
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov Conviction Offense Class
Percent
Ordered to
State Prison
FY 2024 Avg
LOS in
Prison (All
Releases)
Marginal
Cost Per
Day
Percent
Ordered to
Probation
FY 2024
Field Avg
LOS on
Probation
Avg Cost
Per Day on
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY 2024
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
D Felony (Persons) 82.0% 18.7 $24.51 44.2% 36.8 $7.68 $18.37 $50.00 15.1 $7.68
Aggravated Misdemeanor
(Persons)
48.9% 9.5 $24.51 58.9% 26.0 $7.68 $18.37 $50.00 22.5 $7.68
Serious Misdemeanor 2.4% 31.8 $24.51 53.4% 18.8 $7.68 $18.37 $50.00 N/A $7.68 Offense Class Average Cost
Class D Felony $11,900 to $19,100
Aggravated Misdemeanor$6,800 to $11,800
Serious Misdemeanor $420 to $5,000