SF 545 (LSB 2233SV (3) 90)

SENATE FILE 545

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 340)

(As Amended and Passed by the Senate 2023-03-21)

A BILL FOR

An Act providing for a human trafficking task force and providing information in an annual report to the general assembly. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  80.45B  Human trafficking task force.
   1.  The commissioner shall establish, by January 30, 2024, a task force that shall do all of the following:
   a.  Collaborate with the office to combat human trafficking.
   b.  Examine the extent of human trafficking of minors in the state.
   c.  Identify current initiatives to eliminate human trafficking of minors in the state.
   d.  Identify current services available in the state to minor victims of human trafficking.
   e.  Research and recommend a model of rehabilitative services for minor victims of human trafficking that includes input from law enforcement, social services organizations, the judicial system, and mental health professionals.
   f.  Identify barriers that prevent minor victims of human trafficking from seeking legal assistance or medical attention.
   g.  Create a procedure to be followed by all law enforcement officers statewide if a law enforcement officer encounters a minor who may be a victim of human trafficking. For purposes of this section, “law enforcement officer” means an officer appointed by the director of the department of natural resources, a member of a police force or other agency or department of the state, county, city, or tribal government regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state and all individuals, as determined by the Iowa law enforcement academy council, who by the nature of their duties may be required to perform the duties of a peace officer.
   h.  Create a pathway for the implementation of a safe harbor law that prohibits the prosecution of minor victims of human trafficking, and directs minor victims of human trafficking to rehabilitative services.
   i.  Investigate and identify potential routes to eliminate human trafficking of minors in the state.
   j.  Report on findings and make recommendations in the report submitted by the office to combat human trafficking to the general assembly under subsection 5.
   2.  The task force shall consist of the following members:
   a.  The commissioner or the commissioner’s designee.
   b.  The coordinator of the office to combat human trafficking.
   c.  The director of the law enforcement academy or the director’s designee.
   d.  The attorney general or the attorney general’s designee.
   e.  The director of health and human services or the director’s designee.
   f.  The director of juvenile court services or the director’s designee.
   g.  Two judges, each from a different juvenile court in this state.
   h.  The following members who shall be appointed by the governor:
   (1)  The chief of police or head law enforcement official of a city in this state with a population of two hundred thousand or more as determined by the most recent population estimates issued by the United States bureau of census.
   (2)  The chief of police or head law enforcement official of a city in this state with a population of less than two hundred thousand as determined by the most recent population estimates issued by the United States bureau of census.
   (3)  A county sheriff.
   (4)  Two county attorneys who serve on child protection assistance teams under section 915.35, subsection 4, paragraph “a”.
   (5)  Three members of the multidisciplinary team created by the department of health and human services for child abuse investigations.
   (6)  Six members of the general public who are former human trafficking victims.
   (7)  A representative of a victim services agency selected by the Iowa coalition against sexual assault.
   (8)  Two criminal defense attorneys with experience in human trafficking cases.
   3.  a.  The members of the task force appointed by the governor shall serve six-year terms, except that of the members first appointed, five shall serve an initial two-year term, five shall serve an initial four-year term, and seven shall serve an initial six-year term. Thereafter, all other appointed members shall serve a six-year term. 
   b.  The governor shall appoint a new member to fill a vacancy that occurs before the end of the term of a member appointed by the governor, and the newly appointed member shall serve for the remaining period of the term.
   c.  A member of the task force may be appointed to serve more than one term.
   d.  A member of the task force shall not continue to serve on the task force beyond the date at which the member no longer holds the office, employment, or status by which the member had been eligible to serve on the task force.
   e.  A member of the task force appointed by the governor may be removed from the task force for being absent from three regularly scheduled meetings of the task force during any six-month period.
   f.  Thirteen members of the task force shall constitute a quorum and the task force shall have the power to act by a majority of the members present at any meeting at which a quorum is present. 
   4.  The commissioner or the commissioner’s designee shall serve as the chairperson of the task force.
   5.  The commissioner or the commissioner’s designee shall provide the findings and recommendations of the task force to the coordinator of the office to combat human trafficking for inclusion in the annual report submitted by the office to the general assembly pursuant to section 80.45, subsection 3, paragraph “h”.