1 SF 395 – Sports Wagering, Prohibited Activities (LSB1447SV) Staff Contact: Maria Wagenhofer (515.281.5270) maria.wagenhofer@legis.iowa.gov Fiscal Note Version – New Description Senate File 395 adds that a person who engages in “proxy betting” or “account sharing” is guilty of illegal gaming under Iowa Code section 725.7. The Bill defines “proxy betting” as any wagering or betting activity, including the request of another to engage in wagering or betting activity, involving two or more persons, where one person places a wager on behalf of another person with the intent to hide or conceal the bettor’s identity. The Bill defines “account sharing” as entering into or participating in an agreement between two or more persons to, either temporarily or permanently, share access to a person’s account with the purpose of concealing a person’s identity, which account has been established with a licensee to participate in gambling games or sports wagering under Iowa Code chapter 99F. Background A person who violates Iowa Code section 725.7 commits an offense ranging from a serious misdemeanor to a Class C felony based on the sum of money or value of other property involved and whether the offense was a first or repeat offense. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. 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 no more than 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. In FY 2024, there was one person convicted under Iowa Code section 725.7. 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 The correctional impact of the Bill cannot be determined because the number of new convictions 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 a serious misdemeanor, Fiscal Note Fiscal Services Division 2 an aggravated misdemeanor, a Class D felony, and a Class C felony. 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 The minority impact cannot be determined since it is not known how many additional convictions would result from the changes under 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 Senate File 395 may increase the number of convictions under Iowa Code section 725.7; 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 serious misdemeanor, an aggravated misdemeanor, a Class D felony, and a Class C felony. 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 26, 2025 Doc ID 1523289 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 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 C Felony Non-Persons 84.5% 16.9 $24.51 59.3% 48.0 $7.68 $18.37$50.00 21.5 $7.68 D Felony Non-Persons 83.9% 13.1 $24.51 69.5% 39.0 $7.68 $18.37$50.00 16.5 $7.68 Agg Misd Non-Persons 30.5% 8.7 $24.51 46.4% 26.1 $7.68 $18.37$50.00 19.7 $7.68 Serious Misdemeanor 2.4% N/A $24.51 53.4% 18.8 $7.68 $18.37$50.00 N/A $7.68 Offense Class Average Cost Serious Misdemeanor $420 to $5,000 Aggravated Misdemeanor$6,800 to $11,800 Class D Felony $11,900 to $19,100 Class C Felony $14,900 to $25,600