Senate
File
312
-
Introduced
SENATE
FILE
312
BY
PETERSEN
,
HART
,
DVORSKY
,
and
JOCHUM
A
BILL
FOR
An
Act
relating
to
human
trafficking
and
including
a
penalty
1
provision.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
80B.11,
subsection
1,
paragraph
c,
Code
1
2015,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
In-service
training
under
this
3
paragraph
“c”
shall
include
the
requirement
that
all
law
4
enforcement
officers
complete
a
course
on
human
trafficking.
5
Sec.
2.
Section
216A.131A,
Code
2015,
is
amended
to
read
as
6
follows:
7
216A.131A
Division
of
criminal
and
juvenile
justice
planning.
8
The
division
of
criminal
and
juvenile
justice
planning
is
9
established
to
fulfill
the
responsibilities
of
this
subchapter
,
10
including
the
duties
specified
in
sections
216A.135
,
216A.136
,
11
216A.137
,
216A.138
,
and
216A.139
,
and
216A.139A
.
12
Sec.
3.
NEW
SECTION
.
216A.139A
Human
trafficking
research.
13
The
division
shall
maintain
a
human
trafficking
research
14
project
to
conduct
analyses
and
evaluate
data
relating
to
human
15
trafficking
in
this
state.
The
division
shall,
among
other
16
things,
consider
criminal
history
data
the
division
collects
17
pursuant
to
section
692.23.
18
Sec.
4.
NEW
SECTION
.
692.23
Human
trafficking
information.
19
The
division
of
criminal
and
juvenile
justice
planning
20
of
the
department
of
human
rights
shall
collect
and
maintain
21
criminal
history
data
on
incidents
related
to
human
22
trafficking.
For
purposes
of
this
section,
“incidents
related
23
to
human
trafficking”
means
criminal
violations
of
section
24
710.5,
710.11,
or
710A.2,
section
725.1,
subsection
2,
or
25
section
725.2
or
725.3,
or
violations
of
section
710.2,
710.3,
26
or
710.4
if
the
victim
was
forced
to
provide
labor
or
services
27
or
participate
in
commercial
sexual
activity.
28
Sec.
5.
Section
702.11,
subsection
1,
Code
2015,
is
amended
29
to
read
as
follows:
30
1.
A
“forcible
felony”
is
any
felonious
child
endangerment,
31
assault,
murder,
sexual
abuse,
kidnapping,
robbery,
arson
in
32
the
first
degree,
or
burglary
in
the
first
degree
,
or
human
33
trafficking
.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
human
trafficking
and
includes
a
3
penalty
provision.
4
DEFINING
HUMAN
TRAFFICKING
AS
A
FORCIBLE
FELONY.
The
bill
5
amends
the
definition
of
“forcible
felony”
to
include
human
6
trafficking.
“Human
trafficking”
means
participating
in
a
7
venture
to
recruit,
harbor,
transport,
supply
provisions,
or
8
obtain
a
person
for
either
forced
labor
or
service
that
results
9
in
involuntary
servitude,
peonage,
debt
bondage,
or
slavery,
or
10
for
commercial
sexual
activity
through
the
use
of
force,
fraud,
11
or
coercion,
except
that
if
the
trafficked
person
is
under
the
12
age
of
18,
the
commercial
sexual
activity
need
not
involve
13
force,
fraud,
or
coercion.
As
an
offense
that
is
a
forcible
14
felony,
a
person
convicted
of
human
trafficking
would
not
be
15
eligible
for
a
suspended
or
deferred
sentence,
or
a
deferred
16
judgment.
17
HUMAN
TRAFFICKING
TRAINING.
The
bill
provides
that
the
18
Iowa
law
enforcement
academy
shall
include
human
trafficking
19
training
in
the
in-service
training
that
law
enforcement
20
officers
are
required
to
complete
to
maintain
certification.
21
HUMAN
TRAFFICKING
DATA
COLLECTION.
The
bill
requires
the
22
division
of
criminal
and
juvenile
justice
planning
of
the
23
department
of
human
rights
to
collect
and
maintain
criminal
24
history
data
on
incidents
related
to
human
trafficking.
25
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