1 HF 849 – Criminal Harassment, Doxxing (LSB1084HV) Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov Fiscal Note Version – New Description House File 849 expands the definition of harassment by adding provisions relating to the dissemination, publication, distribution, or posting of personal information. Under the Bill, a person commits harassment when they purposefully and without legitimate purpose disseminates, publishes, distributes, or posts personal information about another person, without the other person’s consent, with the intent to threaten, intimidate, annoy, or alarm the other person, or with the intent to encourage or entice third parties to threaten, intimidate, annoy, or alarm the other person. A violation is harassment in the first degree under Iowa Code section 708.7(2)(a), which is an aggravated misdemeanor. Background 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. 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 849 expands the definition of harassment. The correctional impact cannot be estimated but is expected to increase the number of convictions under Iowa Code section 708.7. 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. 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 Conviction Offense Class Percent Ordered to State Prison FY 2024 Avg LOS in Prison (All Releases) Marginal Cost Per Day Percent Ordered to Probation FY24 Field Avg LOS on Probation Avg Cost Per Day on Probation Marginal Cost CBC Per Day Marginal Cost Per Day Jail FY24 Field Avg LOS on Parole Marginal Cost Per Day Parole Aggravated Misdemeanor (Persons) 48.9% 9.5 $24.51 58.9% 26.0 $7.68 $18.37 $50.00 22.5 $7.68 Fiscal Note Fiscal Services Division 2 Minority Impact House File 849 creates a new criminal offense by expanding the definition of harassment. As a result, the Department of Management (DOM) Criminal Justice Planning cannot use existing data to estimate the minority impact of the Bill. 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 849 is expected to increase the number of convictions under Iowa Code section 708.7, but 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 an aggravated 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 Department of Management (DOM) Criminal Justice Planning /s/ Jennifer Acton March 28, 2025 Doc ID 1525347 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 Offense Class Average Cost Aggravated Misdemeanor$6,800 to $11,800