House File 2325 - Introduced HOUSE FILE 2325 BY MOHR A BILL FOR An Act relating to the awareness and prevention of child 1 sexual abuse, harassment, and exploitation, and to criminal 2 penalties and civil penalties and remedies for human 3 trafficking, and facilitation of a workgroup study regarding 4 mandatory reporter training and certification requirements. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6014YH (5) 87 ko/rj

H.F. 2325 Section 1. Section 256.9, subsection 46, paragraph a, Code 1 2018, is amended to read as follows: 2 a. Develop and make available to school districts, 3 examples of age-appropriate , developmentally appropriate, and 4 research-based materials and lists of resources which parents 5 may use to teach their children to recognize unwanted physical 6 and verbal sexual advances, to not make unwanted physical and 7 verbal sexual advances, to effectively reject unwanted sexual 8 advances, that it is wrong to take advantage of or exploit 9 another person, about the dangers of sexual exploitation by 10 means of the internet including specific strategies to help 11 students protect themselves and their personally identifiable 12 information from such exploitation, and about counseling, 13 medical, and legal resources available to survivors of 14 sexual abuse and sexual assault, including resources for 15 escaping violent relationships. The materials and resources 16 shall cover child exploitation, child sexual abuse, verbal, 17 physical, and visual child sexual harassment, including 18 nonconsensual sexual advances, and nonconsensual physical 19 sexual contact. In developing the materials and resource list, 20 the director shall consult with entities that shall include 21 but not be limited to the departments of human services, 22 public health, and public safety, education stakeholders, 23 and parent-teacher organizations. School districts shall 24 provide age-appropriate , developmentally appropriate, and 25 research-based materials and a list of available community and 26 internet-based resources to parents at registration and shall 27 also include the age-appropriate , developmentally appropriate, 28 and research-based materials and resource list in the student 29 handbook. School districts are encouraged to work with their 30 communities to provide voluntary parent education sessions to 31 provide parents with the skills and appropriate strategies 32 to teach their children as described in this subsection . 33 School districts shall incorporate the age-appropriate and 34 research-based materials into relevant curricula and shall 35 -1- LSB 6014YH (5) 87 ko/rj 1/ 9

H.F. 2325 reinforce the importance of preventive measures with parents 1 and students when reasonable with parents and students . 2 Sec. 2. Section 272.2, subsection 14, paragraph b, 3 subparagraph (1), subparagraph division (d), Code 2018, is 4 amended to read as follows: 5 (d) Human trafficking under section 710A.2 or solicitation 6 of human trafficking under section 710A.2B . 7 Sec. 3. Section 272.2, Code 2018, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 21. Adopt rules establishing that 10 continuing education requirements for issuance, renewal, or 11 upgrade of a license may include participating in or presenting 12 at in-service training programs on child sexual abuse, 13 child exploitation and child sexual harassment awareness and 14 prevention. 15 Sec. 4. Section 279.50, Code 2018, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 2A. The human growth and development 18 curriculum shall include age-appropriate, developmentally 19 appropriate, and research-based instruction for students 20 on child sexual abuse, child exploitation, child sexual 21 harassment, and child sexual assault awareness and prevention, 22 including how to recognize child sexual abuse, child 23 exploitation, and child sexual assault and how to safely 24 report child sexual abuse, child exploitation, child sexual 25 harassment, and child sexual assault. 26 Sec. 5. Section 710A.2, Code 2018, is amended to read as 27 follows: 28 710A.2 Human trafficking. 29 1. A person who knowingly engages in human trafficking is 30 guilty of a class “D” felony, except that if the victim is 31 under the age of eighteen, the person is guilty of a class “C” 32 “B” felony. 33 2. A person who knowingly engages in human trafficking by 34 causing or threatening to cause serious physical injury to 35 -2- LSB 6014YH (5) 87 ko/rj 2/ 9

H.F. 2325 another person is guilty of a class “C” felony, except that if 1 the victim is under the age of eighteen, the person is guilty 2 of a class “B” felony. 3 3. A person who knowingly engages in human trafficking by 4 physically restraining or threatening to physically restrain 5 another person is guilty of a class “D” felony, except that if 6 the victim is under the age of eighteen, the person is guilty 7 of a class “C” “B” felony. 8 4. A person who knowingly engages in human trafficking by 9 soliciting services or benefiting from the services of a victim 10 is guilty of a class “D” felony, except that if the victim is 11 under the age of eighteen, the person is guilty of a class “C” 12 “B” felony. 13 5. A person who knowingly engages in human trafficking by 14 abusing or threatening to abuse the law or legal process is 15 guilty of a class “D” felony, except that if the victim is 16 under the age of eighteen, the person is guilty of a class “C” 17 “B” felony. 18 6. A person who knowingly engages in human trafficking 19 by knowingly destroying, concealing, removing, confiscating, 20 or possessing any actual or purported passport or other 21 immigration document, or any other actual or purported 22 government identification document of a victim is guilty of a 23 class “D” felony, except that if that other person is under 24 the age of eighteen, the person is guilty of a class “C” “B” 25 felony. 26 7. A person who benefits financially or by receiving 27 anything of value from knowing participation in human 28 trafficking is guilty of a class “D” felony, except that if the 29 victim is under the age of eighteen, the person is guilty of a 30 class “C” “B” felony. 31 8. A person’s ignorance of the age of the victim or a belief 32 that the victim was older is not a defense to a violation of 33 this section . 34 Sec. 6. NEW SECTION . 710A.2B Solicitation for human 35 -3- LSB 6014YH (5) 87 ko/rj 3/ 9

H.F. 2325 trafficking. 1 1. A person shall not entice, coerce, or recruit, or attempt 2 to entice, coerce, or recruit a person to engage in human 3 trafficking. A person who violates this section commits a 4 class “C” felony. 5 2. A person shall not entice, coerce, or recruit, or attempt 6 to entice, coerce, or recruit, either a person who is under 7 the age of eighteen or a law enforcement officer or agent who 8 is representing that the officer or agent is under the age 9 of eighteen, to engage in human trafficking. A person who 10 violates this section commits a class “B” felony. 11 Sec. 7. NEW SECTION . 710A.3A Victims under age eighteen —— 12 child in need of assistance petition. 13 A person who is under the age of eighteen at the time the 14 person commits a public offense pursuant to this chapter or 15 pursuant to section 725.1 shall not be criminally liable or 16 be subject to juvenile delinquency proceedings. The county 17 attorney shall refer such individual to the department of human 18 services for the possible filing of a petition alleging that 19 the person is a child in need of assistance. 20 Sec. 8. NEW SECTION . 710A.4A Civil remedies for human 21 trafficking victims —— statute of limitations. 22 1. A victim, or a victim’s parent or legal guardian, who 23 has suffered or continues to suffer personal or psychological 24 injury as a result of the human trafficking of the victim may 25 bring a civil action against any person who knowingly did any 26 of the following: 27 a. Engaged in human trafficking of such victim within this 28 state. 29 b. Aided or assisted with the human trafficking of such 30 victim within this state. 31 2. A plaintiff who prevails in a civil action brought 32 pursuant to this section may recover the plaintiff’s actual 33 damages plus any and all attorney fees and costs reasonably 34 associated with the civil action. In addition to all other 35 -4- LSB 6014YH (5) 87 ko/rj 4/ 9

H.F. 2325 remedies available under this section, the court may also award 1 temporary, preliminary, and permanent injunctive relief as the 2 court deems necessary and appropriate. 3 3. An action to recover damages under this section shall be 4 filed within ten years after the later of any of the following: 5 a. The conclusion of any related criminal prosecution 6 against the person or persons from whom recovery is sought. 7 b. The receipt of actual or constructive notice sent or 8 given to the victim or the victim’s parent or legal guardian by 9 a member of a law enforcement entity informing the victim or 10 the victim’s parent or legal guardian that the law enforcement 11 entity has identified the person who knowingly engaged in human 12 trafficking of such victim or aided or assisted with the human 13 trafficking of such victim. 14 c. The time at which the human trafficking of the victim 15 ended if the victim was eighteen years of age or older at the 16 time of the human trafficking. 17 d. The victim reaching the age of eighteen if the victim 18 was under eighteen years of age at the time of the human 19 trafficking. 20 4. In any action brought pursuant to this section, a 21 plaintiff may request to use a pseudonym instead of the 22 plaintiff’s legal name in all court proceedings and records. 23 Upon finding that the use of a pseudonym is proper, the 24 court shall ensure that the pseudonym is used in all court 25 proceedings and records. 26 Sec. 9. Section 911.2A, subsection 1, Code 2018, is amended 27 to read as follows: 28 1. In addition to any other surcharge, the court or clerk 29 of the district court shall assess a human trafficking victim 30 surcharge of one thousand dollars if an adjudication of 31 guilt or a deferred judgment has been entered for a criminal 32 violation of section 725.1, subsection 2 , or section 710A.2 , 33 710A.2B, 725.2 , or 725.3 . 34 Sec. 10. Section 911.2B, subsection 1, Code 2018, is amended 35 -5- LSB 6014YH (5) 87 ko/rj 5/ 9

H.F. 2325 to read as follows: 1 1. In addition to any other surcharge, the court or clerk 2 of the district court shall assess a domestic abuse assault, 3 sexual abuse, stalking, and human trafficking victim surcharge 4 of one hundred dollars if an adjudication of guilt or a 5 deferred judgment has been entered for a violation of section 6 708.2A , 708.11 , or 710A.2 , 710A.2B, or chapter 709 . 7 Sec. 11. STATE MANDATE FUNDING SPECIFIED. In accordance 8 with section 25B.2, subsection 3, the state cost of requiring 9 compliance with any state mandate included in this Act shall 10 be paid by a school district from state school foundation aid 11 received by the school district under section 257.16. This 12 specification of the payment of the state cost shall be deemed 13 to meet all of the state funding-related requirements of 14 section 25B.2, subsection 3, and no additional state funding 15 shall be necessary for the full implementation of this Act 16 by and enforcement of this Act against all affected school 17 districts. 18 Sec. 12. DEPARTMENT OF HUMAN SERVICES —— MANDATORY REPORTER 19 TRAINING AND CERTIFICATION REQUIREMENTS WORKGROUP. The 20 department of human services, in cooperation with the 21 departments of education and public health, shall facilitate a 22 study by a workgroup of stakeholders to make recommendations 23 relating to mandatory reporter training and certification 24 requirements. The workgroup shall consist of representatives 25 from the department of human services, the department of 26 education, the department of public health, the board of 27 medicine, the board of nursing, the board of social work, 28 the board of psychology, the Iowa law enforcement academy, 29 and other representatives the department of human services 30 deems necessary. The workgroup shall submit a report on 31 the study to the general assembly on or before December 14, 32 2018, with recommendations on the appropriate content of 33 mandatory training, the appropriate frequency of training for 34 mandatory reporters, the appropriate delivery methodology for 35 -6- LSB 6014YH (5) 87 ko/rj 6/ 9

H.F. 2325 training, the appropriate metrics for measuring that training 1 objectives have been met, the appropriate requirements to 2 obtain and maintain mandatory reporter certification, and other 3 recommendations the workgroup deems relevant. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the awareness and prevention of 8 child sexual abuse, harassment, and exploitation, and to 9 criminal penalties and civil remedies and penalties for human 10 trafficking, and directs the department of human services to 11 facilitate a workgroup study relating to mandatory reporter 12 training and certification requirements. 13 The bill requires the director of the department of 14 education to include materials and resources on child abuse 15 and child exploitation in the age-appropriate, developmentally 16 appropriate, and research-based materials the director is 17 currently required to develop and make available to school 18 districts. The bill requires the board of educational 19 examiners to disqualify an applicant for a license or remove 20 the license of a person who has been found guilty or pled 21 guilty to solicitation of human trafficking pursuant to Code 22 section 710A.2B. This a new requirement. Each school board 23 must include age-appropriate, developmentally appropriate, 24 and research-based instruction on child sexual abuse, child 25 exploitation, and child sexual harassment as part of its human 26 growth and development curriculum for grades one through 27 twelve. The bill requires the board of educational examiners 28 to adopt rules establishing licensing requirements that include 29 training on child sexual abuse, child exploitation, and child 30 sexual harassment. 31 The bill increases the criminal penalty for a person who 32 engages in any form of human trafficking with a victim who 33 is younger than 18 years of age from a class “C” felony to 34 a class “B” felony, which is punishable by confinement for 35 -7- LSB 6014YH (5) 87 ko/rj 7/ 9

H.F. 2325 no more than 25 years. The bill provides that a person who 1 engages in solicitation for human trafficking is guilty of 2 a class “C” felony and guilty of a class “B” felony if the 3 victim is younger than 18 years of age. A class “C” felony 4 is punishable by confinement for no more than 10 years and a 5 fine of at least $1,000 but not more than $10,000. A class “B” 6 felony is punishable by confinement for no more than 25 years. 7 Solicitation for human trafficking is not currently a criminal 8 offense. A person who is found guilty of or given a deferred 9 judgment for solicitation shall pay the human trafficking 10 victim surcharge in Code sections 911.2A and 911.2B. 11 The bill provides that a human trafficking victim may seek 12 civil remedies as outlined in the bill. Current law does not 13 provide for a civil remedy for victims of human trafficking. 14 The bill provides for immunity from prosecution for a 15 person under the age of 18 who commits a public offense 16 under Code chapter 710A (human trafficking) or Code section 17 725.1 (prostitution). Such person shall not be criminally 18 liable or subject to juvenile delinquency proceedings and the 19 county attorney shall refer such person to the department of 20 human services for the possible filing of a child in need of 21 assistance petition. 22 The bill directs the department of human services to 23 facilitate a study by a workgroup of stakeholders to make 24 recommendations relating to mandatory reporter training 25 and certification requirements. The composition of the 26 stakeholders for the workgroup is detailed in the bill. The 27 workgroup shall submit a report to the general assembly on 28 or before December 14, 2018, with recommendations on the 29 appropriate content of mandatory training, the appropriate 30 frequency of training for mandatory reporters, the appropriate 31 delivery methodology for training, the appropriate metrics 32 for measuring that training objectives have been met, and the 33 appropriate requirements to obtain and maintain mandatory 34 reporter certification. 35 -8- LSB 6014YH (5) 87 ko/rj 8/ 9

H.F. 2325 The bill may include a state mandate as defined in Code 1 section 25B.3. The bill requires that the state cost of 2 any state mandate included in the bill be paid by a school 3 district from state school foundation aid received by the 4 school district under Code section 257.16. The specification 5 is deemed to constitute state compliance with any state mandate 6 funding-related requirements of Code section 25B.2. The 7 inclusion of this specification is intended to reinstate the 8 requirement of political subdivisions to comply with any state 9 mandates included in the bill. 10 -9- LSB 6014YH (5) 87 ko/rj 9/ 9