House File 85 - Introduced HOUSE FILE 85 BY JACOBY A BILL FOR An Act creating a specialty court for human trafficking. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1032YH (3) 90 cm/ns
H.F. 85 Section 1. NEW SECTION . 602.6114 Human trafficking court. 1 1. A human trafficking court is established in the most 2 populous judicial district. The court shall provide court 3 services to offenders found to be human trafficking victims and 4 integrate court sanctions and incentives with alcohol abuse 5 and drug abuse treatment and counseling, human trafficking 6 victim treatment and counseling, and other related treatment 7 and rehabilitation in a judicially supervised court setting. 8 2. The human trafficking court shall incorporate all of the 9 following essential characteristics into its operations and 10 proceedings: 11 a. Integration of justice system case processing with human 12 trafficking victim resources. 13 b. Use of a nonadversarial approach, whereby prosecution 14 and defense counsel promote public safety while protecting 15 participants’ due process rights. 16 c. Early and prompt identification and coordinated placement 17 of eligible participants in treatment programs. 18 d. Coordination of access to a continuum of trauma 19 counseling, housing, alcohol and drug addiction recovery 20 services, and related treatment and rehabilitation services. 21 e. Adoption of a strategy that governs human trafficking 22 court responses to participants’ compliance with treatment 23 programs. 24 f. Ongoing judicial interaction with all participants in the 25 human trafficking court services. 26 g. Monitoring and evaluation of participants and treatment 27 programs to measure the achievement of treatment goals and 28 gauge treatment effectiveness. 29 h. Continuing interdisciplinary education to promote 30 effective human trafficking court planning and operations. 31 i. Formation of partnerships among human trafficking 32 treatment courts, public agencies, and community-based 33 organizations that enhance human trafficking court 34 effectiveness. 35 -1- LSB 1032YH (3) 90 cm/ns 1/ 3
H.F. 85 3. The chief judge of the judicial district in which the 1 human trafficking court is established shall designate one or 2 more district judges or district associate judges to act as a 3 judge of the human trafficking court for the judicial district. 4 4. A district judge or district associate judge designated 5 as a judge of the human trafficking court pursuant to 6 subsection 3 may exercise the jurisdiction of the human 7 trafficking court. 8 5. The designation of a judge as a human trafficking court 9 judge does not deprive the judge of other judicial functions. 10 Any district judge or district associate judge may act as a 11 human trafficking court judge during the absence of, inability 12 to act by, or at the request of a designated human trafficking 13 court judge. 14 6. The supreme court shall prescribe rules establishing 15 the jurisdiction of the human trafficking court and providing 16 for the administration of the human trafficking court in this 17 state. 18 Sec. 2. Section 602.6306, subsection 2, Code 2023, is 19 amended to read as follows: 20 2. District associate judges also have jurisdiction 21 in civil actions for money judgment where the amount in 22 controversy does not exceed ten thousand dollars; jurisdiction 23 over involuntary commitment, treatment, or hospitalization 24 proceedings under chapters 125 and 229 ; jurisdiction of 25 indictable misdemeanors, class “D” felony violations, and 26 other felony arraignments; jurisdiction to enter a temporary 27 or emergency order of protection under chapter 235F or 236 , 28 and to make court appointments and set hearings in criminal 29 matters; jurisdiction to enter orders in probate which do not 30 require notice and hearing and to set hearings in actions under 31 chapter 633 or 633A ; and the jurisdiction provided in section 32 602.7101 when designated as a judge of the juvenile court ; and 33 the jurisdiction provided in section 602.6114 when designated 34 as a judge of the human trafficking court . While presiding in 35 -2- LSB 1032YH (3) 90 cm/ns 2/ 3
H.F. 85 these subject matters a district associate judge shall employ 1 district judges’ practice and procedure. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes a human trafficking court in the most 6 populous judicial district and requires the court to serve 7 offenders that are human trafficking victims and integrate 8 court sanctions and incentives with appropriate treatment and 9 rehabilitation. 10 The bill identifies a series of essential characteristics 11 that the court must incorporate into its operations and 12 proceedings, and requires the chief judge to designate one 13 or more district judges or district associate judges to act 14 as a judge for and exercise the jurisdiction of the human 15 trafficking court. 16 -3- LSB 1032YH (3) 90 cm/ns 3/ 3