House
File
2234
-
Introduced
HOUSE
FILE
2234
BY
NUNN
,
SHEETS
,
BRANHAGEN
,
FORRISTALL
,
PETTENGILL
,
WILLS
,
DAWSON
,
CARLSON
,
BROWN-POWERS
,
HEARTSILL
,
STECKMAN
,
STUTSMAN
,
SALMON
,
and
KELLEY
A
BILL
FOR
An
Act
relating
to
the
authority
of
peace
officers
to
1
investigate
and
enforce
human
trafficking
laws.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
80.9A,
subsection
6,
Code
2016,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
h.
When
engaged
in
the
investigation
and
3
enforcement
of
human
trafficking
laws.
4
Sec.
2.
NEW
SECTION
.
817A.1
Definitions.
5
For
purposes
of
this
chapter:
6
1.
“Employing
agency”
means
the
state
agency
or
governmental
7
subdivision
that
employs
a
peace
officer.
8
2.
“Human
trafficking”
means
the
same
as
defined
in
section
9
710A.1.
10
3.
“Peace
officer”
means
the
same
as
defined
in
section
11
801.4.
12
Sec.
3.
NEW
SECTION
.
817A.2
Statewide
authority
for
peace
13
officers
to
investigate
and
enforce
human
trafficking
laws.
14
1.
A
peace
officer
shall
have
the
peace
officer’s
full
15
powers
and
authorities
throughout
the
state
to
investigate
and
16
enforce
laws
related
to
human
trafficking.
17
2.
A
peace
officer
who
investigates
or
enforces
laws
related
18
to
human
trafficking
outside
of
the
jurisdictional
limits
of
19
the
peace
officer’s
employing
agency
under
the
authority
of
20
this
section
shall
be
deemed
to
be
acting
in
the
scope
of
21
the
peace
officer’s
employment
and
shall
not
be
considered
22
an
employee
of
another
law
enforcement
agency
due
to
such
23
investigation
or
enforcement.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
authority
of
a
peace
officer
to
28
investigate
and
enforce
human
trafficking
laws.
29
The
bill
defines
“peace
officer”
as
the
same
as
defined
in
30
Code
section
801.4,
which
includes
sheriffs
and
their
regular
31
deputies,
marshals
and
police
officers
of
cities,
peace
officer
32
members
of
the
department
of
public
safety,
parole
officers,
33
probation
officers,
special
security
officers
employed
by
34
board
of
regents
institutions,
conservation
officers,
certain
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employees
of
the
department
of
transportation
and
of
an
1
aviation
authority,
and
other
persons
as
may
be
designated
by
2
law.
3
The
bill
defines
“human
trafficking”
as
the
same
as
defined
4
in
Code
section
710A.1,
which
includes
the
participation
in
a
5
venture
to
recruit,
harbor,
transport,
supply
provisions,
or
6
obtain
a
person
for
the
purpose
of
forced
labor
or
commercial
7
sexual
activity
through
the
use
of
force,
fraud,
or
coercion,
8
except
that
if
the
trafficked
person
is
under
the
age
of
18,
9
the
commercial
sexual
activity
need
not
involve
force,
fraud,
10
or
coercion.
“Human
trafficking”
also
means
the
knowing
11
purchase
or
attempt
to
purchase
services
involving
commercial
12
sexual
activity
from
a
victim
or
another
person
engaged
in
13
human
trafficking.
14
The
bill
defines
“employing
agency”
as
the
state
agency
or
15
governmental
subdivision
that
employs
the
peace
officer.
16
The
bill
enacts
new
Code
section
817A.2,
which
provides
that
17
a
peace
officer
shall
have
the
peace
officer’s
full
powers
18
and
authorities
throughout
the
state
while
investigating
and
19
enforcing
laws
related
to
human
trafficking,
even
if
the
peace
20
officer
is
outside
of
the
jurisdictional
limits
of
the
peace
21
officer’s
employing
agency.
22
The
bill
provides
that
a
peace
officer
who
investigates
23
or
enforces
laws
related
to
human
trafficking
outside
of
the
24
jurisdictional
limits
of
the
peace
officer’s
employing
agency
25
under
the
authority
of
new
Code
section
817A.2
shall
be
deemed
26
to
be
acting
in
the
scope
of
the
peace
officer’s
employment
and
27
shall
not
be
considered
an
employee
of
another
law
enforcement
28
agency
due
to
such
investigation
or
enforcement.
29
Under
current
Code
section
80.9A,
a
peace
officer
30
employed
by
the
department
of
public
safety
does
not,
in
all
31
circumstances,
have
the
general
powers
of
a
peace
officer
32
while
within
the
limits
of
a
city
to
investigate
and
enforce
33
human
trafficking
laws.
The
bill
provides
that
a
peace
34
officer
employed
by
the
department
of
public
safety
in
all
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circumstances
has
the
general
powers
of
a
peace
officer
while
1
within
the
limits
of
a
city
to
investigate
and
enforce
human
2
trafficking
laws.
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