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HF 572 – Smuggling of Persons, Criminal Offense (LSB1972HV)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – New
Description
House File 572 establishes the criminal offense of smuggling of persons and provides penalties.
Under the Bill, a person commits the offense of smuggling of persons when the person
knowingly, for payment or anything of value, does any of the following involving a noncitizen
individual:
• Transports an individual with the intent to conceal the individual from a peace officer or flee
from a peace officer attempting to lawfully arrest or detain the actor;
• Encourages or induces a person to enter or remain in the United States in violation of
federal law by concealing, harboring, or shielding that person from detection; or
• Assists, guides, or directs two or more individuals to enter or remain on agricultural land
without the effective consent of the owner.
The Bill provides that smuggling of persons is a Class C felony; however, the offense is a Class
B felony if any of the following occurs:
• The person commits the offense in a manner that creates a substantial likelihood that the
smuggled individual will suffer serious bodily injury or death;
• The person smuggled an individual who is a child younger than 18 years of age at the time
of the offense;
• The person committed the offense with the intent to obtain a pecuniary benefit; or
• During the commission of the offense, the actor, another party to the offense, or another
individual assisted, guided, or directed by the actor knowingly possessed a firearm.
The Bill provides that a violation is a Class A felony under any of the following circumstances:
• If, as a direct result of the commission of the offense, the smuggled individual became a
victim of sexual abuse in the first degree under Iowa Code section 709.2 or sexual abuse in
the second degree under Iowa Code section 709.3; or
• If the smuggled individual suffered serious bodily injury or death.
Background
A Class A felony is punishable by confinement for life in prison without the possibility of parole.
A Class B felony is punishable by confinement for no more than 25 years. A Class C felony is
punishable by confinement for up to 10 years and a fine of at least $1,370 but no 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.
• 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.
Fiscal Note
Fiscal Services Division 2
• 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.
• At a minimum, Class A felonies require two indigent defense attorneys at a cost of
approximately $44,000 and include court time and jury trial costs ranging from $10,000 to
$14,000.
Correctional Impact
House File 572 creates new criminal offenses, and the correctional impact cannot be estimated
due to a lack of existing conviction data. 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 marginal costs per day for Class B and Class C felonies.
A Class A felony is punishable by confinement for life in prison without the possibility of parole.
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 Estimates and Length of Stay (LOS) in Months
Minority Impact
House File 572 creates new criminal offenses, and as a result, Criminal and Juvenile Justice
Planning (CJJP) of the Department of Management (DOM) cannot use existing data to
determine the minority impact. Refer to the LSA memo addressed to the General Assembly,
Minority Impact Statements, dated January 13, 2025, for information related to minorities in the
criminal justice system.
Fiscal Impact
House File 572 creates new criminal offenses, and the fiscal impact cannot be determined.
Figure 2 shows the average State cost per offense for a Class B felony and a Class C felony.
The average State cost for a Class A felony ranges between $199,400 and $203,600. The
estimated impact to the General Fund includes operating costs incurred by the Judicial Branch,
the Indigent Defense Fund, and the Department of Corrections. 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
Class B Felony $17,600 to $47,300
Class C Felony $14,900 to $25,600
Conviction Offense Class
Percent
Ordered to
State Prison
FY 2024 Avg
LOS in
Prison (All
Releases)
Marginal
Cost Per
Day Prison
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
B Felony (Persons) 97.9% 80.1 $24.51 14.7% 45.5 $7.68 $18.37 $50.00 39.3 $7.68
C Felony (Persons) 89.8% 37.8 $24.51 35.9% 43.4 $7.68 $18.37 $50.00 21.3 $7.68 3
Sources
Department of Corrections
Criminal and Juvenile Justice Planning (CJJP), Department of Management (DOM)
/s/ Jennifer Acton
March 19, 2025
Doc ID 1523510
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