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 TLSB 1078XS (9) 86 jh/rj
S.F. 312 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 -1- LSB 1078XS (9) 86 jh/rj 1/ 2
S.F. 312 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 -2- LSB 1078XS (9) 86 jh/rj 2/ 2