HF 2234 (LSB 5822YH (2) 86)

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 investigate and enforce human trafficking laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80.9A, subsection 6, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  When engaged in the investigation and enforcement of human trafficking laws.
    Sec. 2.  NEW SECTION.  817A.1  Definitions.
   For purposes of this chapter:
   1.  “Employing agency” means the state agency or governmental subdivision that employs a peace officer.
   2.  “Human trafficking” means the same as defined in section 710A.1.
   3.  “Peace officer” means the same as defined in section 801.4.
    Sec. 3.  NEW SECTION.  817A.2  Statewide authority for peace officers to investigate and enforce human trafficking laws.
   1.  A peace officer shall have the peace officer’s full powers and authorities throughout the state to investigate and enforce laws related to human trafficking.
   2.  A peace officer who investigates or enforces laws related to human trafficking outside of the jurisdictional limits of the peace officer’s employing agency under the authority of this section shall be deemed to be acting in the scope of the peace officer’s employment and shall not be considered an employee of another law enforcement agency due to such investigation or enforcement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the authority of a peace officer to investigate and enforce human trafficking laws.
   The bill defines “peace officer” as the same as defined in Code section 801.4, which includes sheriffs and their regular deputies, marshals and police officers of cities, peace officer members of the department of public safety, parole officers, probation officers, special security officers employed by board of regents institutions, conservation officers, certain employees of the department of transportation and of an aviation authority, and other persons as may be designated by law.
   The bill defines “human trafficking” as the same as defined in Code section 710A.1, which includes the participation in a venture to recruit, harbor, transport, supply provisions, or obtain a person for the purpose of forced labor or commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of 18, the commercial sexual activity need not involve force, fraud, or coercion. “Human trafficking” also means the knowing purchase or attempt to purchase services involving commercial sexual activity from a victim or another person engaged in human trafficking.
   The bill defines “employing agency” as the state agency or governmental subdivision that employs the peace officer.
   The bill enacts new Code section 817A.2, which provides that a peace officer shall have the peace officer’s full powers and authorities throughout the state while investigating and enforcing laws related to human trafficking, even if the peace officer is outside of the jurisdictional limits of the peace officer’s employing agency.
   The bill provides that a peace officer who investigates or enforces laws related to human trafficking outside of the jurisdictional limits of the peace officer’s employing agency under the authority of new Code section 817A.2 shall be deemed to be acting in the scope of the peace officer’s employment and shall not be considered an employee of another law enforcement agency due to such investigation or enforcement.
   Under current Code section 80.9A, a peace officer employed by the department of public safety does not, in all circumstances, have the general powers of a peace officer while within the limits of a city to investigate and enforce human trafficking laws. The bill provides that a peace officer employed by the department of public safety in all circumstances has the general powers of a peace officer while within the limits of a city to investigate and enforce human trafficking laws.