Text: SF00168 Text: SF00170 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 272.15 SINGLE CONTACT REPOSITORY 1 2 – RECORD CHECKS. 1 3 1. The board may access the single contact repository 1 4 established by the department of inspections and appeals 1 5 pursuant to section 135C.33 as necessary for the board to 1 6 perform record checks of persons seeking renewal of a license 1 7 or certificate issued pursuant to this chapter. 1 8 2. The board shall charge an applicant seeking renewal of 1 9 a license, authorization, or certificate a fee to defray the 1 10 costs of performing record checks in accordance with 1 11 subsection 1. This fee is in addition to any other license or 1 12 other fee charged by the board. The executive director shall 1 13 deposit the fees with the treasurer of state and the fees 1 14 shall be credited to the general fund of the state. The 1 15 executive director shall keep an accurate and detailed account 1 16 of fees received and paid to the treasurer of state. 1 17 3. The board of directors of a school district or area 1 18 education agency and the authorities in charge of a nonpublic 1 19 school shall report to the board the nonrenewal or 1 20 termination, for reasons of alleged or actual misconduct, of a 1 21 contract executed under sections 279.12, 279.13, 279.15 1 22 through 279.21, 279.23, and 279.24. For purposes of this 1 23 subsection, unless the context otherwise requires, 1 24 "misconduct" means a violation of the criteria of professional 1 25 practices adopted by rule of the board. 1 26 Sec. 2. Section 614.1, subsection 12, Code 2003, is 1 27 amended to read as follows: 1 28 12. SEXUAL ABUSE OR SEXUAL EXPLOITATION BY A COUNSELOR,OR1 29 THERAPIST, OR SCHOOL EMPLOYEE. An action for damages for 1 30 injury suffered as a result of sexual abuse, as defined in 1 31 section 709.1, by a counselor,ortherapist, or school 1 32 employee, as defined in section 709.15, or as a result of 1 33 sexual exploitation by a counselor,ortherapist, or school 1 34 employee shall be brought within five years of the date the 1 35 victim was last treated by the counselor or therapist, or 2 1 within five years of the date the victim was last enrolled in 2 2 the school. 2 3 Sec. 3. Section 692A.1, subsection 10, Code 2003, is 2 4 amended to read as follows: 2 5 10. "Sexual exploitation" means sexual exploitation by a 2 6 counselor,ortherapist, or school employee under section 2 7 709.15. 2 8 Sec. 4. Section 702.11, subsection 2, paragraph d, Code 2 9 2003, is amended to read as follows: 2 10 d. Sexual exploitation by a counselor,ortherapist, or 2 11 school employee in violation of section 709.15. 2 12 Sec. 5. Section 709.15, Code 2003, is amended to read as 2 13 follows: 2 14 709.15 SEXUAL EXPLOITATION BY A COUNSELOR,ORTHERAPIST, 2 15 OR SCHOOL EMPLOYEE. 2 16 1. As used in this section: 2 17 a. "Counselor or therapist" means a physician, 2 18 psychologist, nurse, professional counselor, social worker, 2 19 marriage or family therapist, alcohol or drug counselor, 2 20 member of the clergy, or any other person, whether or not 2 21 licensed or registered by the state, who provides or purports 2 22 to provide mental health services. 2 23 b. "Emotionally dependent" means that the nature of the 2 24 patient's or client's or former patient's or client's 2 25 emotional condition or the nature of the treatment provided by 2 26 the counselor or therapist is such that the counselor or 2 27 therapist knows or has reason to know that the patient or 2 28 client or former patient or client is significantly impaired 2 29 in the ability to withhold consent to sexual conduct, as 2 30 described inparagraph "f"subsection 2, by the counselor or 2 31 therapist. 2 32 For the purposes ofparagraph "f"subsection 2, a former 2 33 patient or client is presumed to be emotionally dependent for 2 34 one year following the termination of the provision of mental 2 35 health services. 3 1 c. "Former patient or client" means a person who received 3 2 mental health services from the counselor or therapist. 3 3 d. "Mental health service" means the treatment, 3 4 assessment, or counseling of another person for a cognitive, 3 5 behavioral, emotional, mental, or social dysfunction, 3 6 including an intrapersonal or interpersonal dysfunction. 3 7 e. "Patient or client" means a person who receives mental 3 8 health services from the counselor or therapist. 3 9 f. "School employee" means a practitioner or para-educator 3 10 as defined in section 272.1, or a person who holds a coaching 3 11 authorization awarded pursuant to section 272.31. 3 12 g. "Student" means a person who is currently enrolled at 3 13 or attending a public or nonpublic secondary school, or who 3 14 was a student enrolled at a public or nonpublic secondary 3 15 school within thirty days of any violation of subsection 3. 3 16f.2."Sexual exploitation by a counselor or therapist"3 17 occurs when any of the following are found: 3 18(1)a. A pattern or practice or scheme of conduct to 3 19 engage in any of the conduct described insubparagraph (2) or3 20(3)paragraph "b" or "c". 3 21(2)b. Any sexual conduct, with an emotionally dependent 3 22 patient or client or emotionally dependent former patient or 3 23 client for the purpose of arousing or satisfying the sexual 3 24 desires of the counselor or therapist or the emotionally 3 25 dependent patient or client or emotionally dependent former 3 26 patient or client, which includes but is not limited to the 3 27 following: kissing; touching of the clothed or unclothed 3 28 inner thigh, breast, groin, buttock, anus, pubes, or genitals; 3 29 or a sex act as defined in section 702.17. 3 30(3)c. Any sexual conduct with a patient or client or 3 31 former patient or client within one year of the termination of 3 32 the provision of mental health services by the counselor or 3 33 therapist for the purpose of arousing or satisfying the sexual 3 34 desires of the counselor or therapist or the patient or client 3 35 or former patient or client which includes but is not limited 4 1 to the following: kissing; touching of the clothed or 4 2 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 4 3 genitals; or a sex act as defined in section 702.17. 4 4"Sexual exploitation by a counselor or therapist"does not 4 5 include touching which is part of a necessary examination or 4 6 treatment provided a patient or client by a counselor or 4 7 therapist acting within the scope of the practice or 4 8 employment in which the counselor or therapist is engaged. 4 9 3. Sexual exploitation by a school employee occurs when 4 10 any of the following are found: 4 11 a. A pattern or practice or scheme of conduct to engage in 4 12 any of the conduct described in paragraph "b". 4 13 b. Any sexual conduct with a student for the purpose of 4 14 arousing or satisfying the sexual desires of the school 4 15 employee or the student. Sexual conduct includes but is not 4 16 limited to the following: kissing; touching of the clothed or 4 17 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 4 18 genitals; or a sex act as defined in section 702.17. 4 19 Sexual exploitation by a school employee does not include 4 20 touching which is necessary in the performance of the school 4 21 employee's duties while acting within the scope of employment. 4 222.4. a. A counselor or therapist who commits sexual 4 23 exploitation in violation of subsection12, paragraph"f"4 24 "a",subparagraph (1),commits a class "D" felony. 4 253.b. A counselor or therapist who commits sexual 4 26 exploitation in violation of subsection12, paragraph"f"4 27 "b",subparagraph (2),commits an aggravated misdemeanor. 4 284.c. A counselor or therapist who commits sexual 4 29 exploitation in violation of subsection12, paragraph"f"4 30 "c",subparagraph (3),commits a serious misdemeanor. In lieu 4 31 of the sentence provided for under section 903.1, subsection 4 32 1, paragraph "b", the offender may be required to attend a 4 33 sexual abuser treatment program. 4 34 5. a. A school employee who commits sexual exploitation 4 35 in violation of subsection 3, paragraph "a", commits a class 5 1 "D" felony. 5 2 b. A school employee who commits sexual exploitation in 5 3 violation of subsection 3, paragraph "b", commits an 5 4 aggravated misdemeanor. 5 5 Sec. 6. Section 802.2A, subsection 2, Code 2003, is 5 6 amended to read as follows: 5 7 2. An indictment or information for sexual exploitation by 5 8 a counselor,ortherapist, or school employee under section 5 9 709.15 committed on or with a person who is under the age of 5 10 eighteen shall be found within ten years after the person upon 5 11 whom the offense is committed attains eighteen years of age. 5 12 An information or indictment for any other sexual exploitation 5 13 shall be found within ten years of the date the victim was 5 14 last treated by the counselor or therapist, or within ten 5 15 years of the date the victim was enrolled in the school. 5 16 Sec. 7. Section 903B.1, subsection 4, paragraph h, Code 5 17 2003, is amended to read as follows: 5 18 h. Sexual exploitationby a counselorin violation of 5 19 section 709.15. 5 20 EXPLANATION 5 21 This bill creates a criminal offense of sexual exploitation 5 22 by a school employee, provides a penalty, and permits the 5 23 board of educational examiners to perform record checks of 5 24 individuals seeking license, authorization, or certificate 5 25 renewal. 5 26 The bill permits the board of educational examiners to 5 27 access the single contact repository established by the 5 28 department of inspections and appeals to perform the record 5 29 checks. The board shall charge the applicant a fee to defray 5 30 the costs of performing the record check. 5 31 The bill directs school districts and nonpublic schools to 5 32 report to the board the nonrenewal or termination of a 5 33 contract with a practitioner, coach, or para-educator for 5 34 reasons of alleged or actual misconduct. "Misconduct" is 5 35 defined as a violation of the criteria of professional 6 1 practices adopted by rule of the board. 6 2 The bill provides that a school employee shall not engage 6 3 in any sexual conduct with a student who is enrolled at a 6 4 public or nonpublic secondary school, or who was enrolled at a 6 5 public or nonpublic secondary school within 30 days of any 6 6 violation of this bill, for the purpose of arousing the sexual 6 7 desires of either of them. The bill defines "school employee" 6 8 to mean a practitioner, coach, or para-educator. 6 9 The bill defines "sexual conduct" to include but is not 6 10 limited to the following: kissing; touching of the clothed or 6 11 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 6 12 genitals; or a sex act as defined in Code section 702.17. 6 13 Sexual exploitation by a school employee does not include 6 14 touching which is necessary in the performance of the school 6 15 employee's duties while acting within the scope of employment. 6 16 The bill provides that a school employee commits a class 6 17 "D" felony if the employee engages in a pattern or practice or 6 18 scheme of conduct to engage in such sexual conduct with a 6 19 student. 6 20 The bill provides that a school employee commits an 6 21 aggravated misdemeanor if the employee engages in such sexual 6 22 conduct with a student. 6 23 The amendments to Code sections 614.1, 692A.1, 702.11, 6 24 802.2A, and 903B.1 conform the new criminal offense of sexual 6 25 exploitation by a school employee with other sexual 6 26 exploitation offense provisions found in Code section 709.15, 6 27 including the five-year civil and 10-year criminal statute of 6 28 limitations. 6 29 A class "D" felony is punishable by confinement for no more 6 30 than five years and a fine of at least $750 but not more than 6 31 $7,500. An aggravated misdemeanor is punishable by 6 32 confinement for no more than two years and a fine of at least 6 33 $500 but not more than $5,000. 6 34 LSB 1284XS 80 6 35 kh/pj/5
Text: SF00168 Text: SF00170 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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