Senate File 2311 S-5121 Amend the House amendment, S-5086, to Senate File 1 2311, as passed by the Senate, as follows: 2 1. By striking page 1, line 5, through page 3, line 3 6, and inserting: 4 < Section 1. Section 80B.10, Code 2014, is amended 5 to read as follows: 6 80B.10 Annual report. 7 The council shall make an annual report to the 8 governor, the attorney general, and the commissioner 9 of public safety which shall include pertinent data 10 regarding the standards established and the degree of 11 participation of agencies in the training program. The 12 report required by this section shall specifically 13 include data regarding academy resources devoted to 14 training relating to human trafficking. 15 Sec. 2. Section 602.8102, subsection 135A, Code 16 2014, is amended to read as follows: 17 135A. Assess the surcharges provided by sections 18 911.1 , 911.2 , 911.2A, 911.3 , and 911.4 . 19 Sec. 3. Section 602.8108, subsection 2, Code 2014, 20 is amended to read as follows: 21 2. Except as otherwise provided, the clerk of the 22 district court shall report and submit to the state 23 court administrator, not later than the fifteenth 24 day of each month, the fines and fees received during 25 the preceding calendar month. Except as provided in 26 subsections 3, 4, 5, 5A, 7, 8, 9, and 10 , the state 27 court administrator shall deposit the amounts received 28 with the treasurer of state for deposit in the general 29 fund of the state. The state court administrator shall 30 report to the legislative services agency within thirty 31 days of the beginning of each fiscal quarter the amount 32 received during the previous quarter in the account 33 established under this section . 34 Sec. 4. Section 602.8108, Code 2014, is amended by 35 adding the following new subsection: 36 NEW SUBSECTION . 5A. The clerk of the district 37 court shall remit all moneys collected from the 38 assessment of the human trafficking victim surcharge 39 provided in section 911.2A to the state court 40 administrator no later than the fifteenth day of each 41 month for deposit in the human trafficking victim fund 42 created in section 915.95. 43 Sec. 5. Section 710.10, Code 2014, is amended by 44 adding the following new subsection: 45 NEW SUBSECTION . 7. For purposes of this section, 46 methods of enticement include but are not limited 47 to personal contact and communication by any means 48 including through the mail, telephone, internet, or 49 any social media, and include text messages, instant 50 -1- S5086.3677 (3) 85 rh/rj 1/ 5 #1.

messages, and electronic mail. 1 Sec. 6. Section 725.1, Code 2014, is amended to 2 read as follows: 3 725.1 Prostitution. 4 1. a. A Except as provided in paragraph “b” , 5 a person who sells or offers for sale the person’s 6 services as a partner in a sex act commits an 7 aggravated misdemeanor. , or 8 b. If the person who sells or offers for sale the 9 person’s services as a partner in a sex act is under 10 the age of eighteen. The county attorney may elect, in 11 lieu of filing a petition alleging that the person has 12 committed a delinquent act, to refer that person to the 13 department of human services for the possible filing 14 of a petition alleging that the person is a child in 15 need of assistance. 16 c. If the person who sells or offers for sale the 17 person’s services as a partner in a sex act is under 18 the age of eighteen, upon the expiration of two years 19 following the person’s conviction for a violation 20 of paragraph “a” or of a similar local ordinance, 21 the person may petition the court to expunge the 22 conviction, and if the person has had no other criminal 23 convictions, other than local traffic violations or 24 simple misdemeanor violations of chapter 321 during the 25 two-year period, the conviction shall be expunged as 26 a matter of law. The court shall enter an order that 27 the record of the conviction be expunged by the clerk 28 of the district court. Notwithstanding section 692.2, 29 after receipt of notice from the clerk of the district 30 court that a record of conviction has been expunged for 31 a violation of paragraph “a” , the record of conviction 32 shall be removed from the criminal history data files 33 maintained by the department of public safety. 34 2. a. Except as provided in paragraph “b” , a 35 person who purchases or offers to purchase such another 36 person’s services , as a partner in a sex act commits 37 an aggravated misdemeanor. 38 b. A person who purchases or offers to purchase 39 services as a partner in a sex act from a person who is 40 under the age of eighteen commits a class “D” felony. 41 Sec. 7. Section 725.2, Code 2014, is amended to 42 read as follows: 43 725.2 Pimping. 44 1. A person who solicits a patron for a prostitute, 45 or who knowingly takes or shares in the earnings of 46 a prostitute, or who knowingly furnishes a room or 47 other place to be used for the purpose of prostitution, 48 whether for compensation or not, commits a class “D” 49 felony. 50 -2- S5086.3677 (3) 85 rh/rj 2/ 5

2. A person who solicits a patron for a prostitute 1 who is under the age of eighteen, or who knowingly 2 takes or shares in the earnings of a prostitute who is 3 under the age of eighteen, or who knowingly furnishes 4 a room or other place to be used for the purposes of 5 prostitution of a prostitute who is under the age of 6 eighteen, whether for compensation or not, commits a 7 class “C” felony. 8 3. It shall be an affirmative defense to a 9 prosecution of a person under the age of twenty-one 10 for a violation of this section that the person was 11 allowed, permitted, or encouraged by an adult having 12 influence or control of the person to engage in acts 13 prohibited pursuant to section 725.1, subsection 1, 14 while the person was under the age of eighteen. 15 Sec. 8. NEW SECTION . 802.2B Other sexual offenses. 16 An information or indictment for the following 17 offenses committed on or with a person who is under the 18 age of eighteen years shall be found within ten years 19 after the person upon whom the offense is committed 20 attains eighteen years of age, or if the person 21 against whom the information or indictment is sought 22 is identified through the use of a DNA profile, an 23 information or indictment shall be found within three 24 years from the date the person is identified by the 25 person’s DNA profile, whichever is later: 26 1. Lascivious acts with a child in violation of 27 section 709.8. 28 2. Assault with intent to commit sexual abuse in 29 violation of section 709.11. 30 3. Indecent contact with a child in violation of 31 section 709.12. 32 4. Lascivious conduct with a minor in violation of 33 section 709.14. 34 5. Sexual misconduct with a juvenile in violation 35 of section 709.16, subsection 2. 36 6. Sexual exploitation of a minor in violation of 37 section 728.12. 38 Sec. 9. Section 802.3, Code 2014, is amended to 39 read as follows: 40 802.3 Felony —— aggravated or serious misdemeanor. 41 In all cases, except those enumerated in section 42 802.1 , 802.2 , 802.2A , 802.2B, or 802.10 , an indictment 43 or information for a felony or aggravated or serious 44 misdemeanor shall be found within three years after its 45 commission. 46 Sec. 10. Section 802.10, subsection 3, Code 2014, 47 is amended to read as follows: 48 3. However, notwithstanding subsection 2 , an 49 indictment or information shall be found against a 50 -3- S5086.3677 (3) 85 rh/rj 3/ 5

person within three years from the date the person is 1 identified by the person’s DNA profile. If the action 2 involves sexual abuse , or another sexual offense the 3 indictment or information shall be found as provided in 4 section 802.2 or 802.2B , if the person is identified by 5 the person’s DNA profile. 6 Sec. 11. Section 808B.3, Code 2014, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 6. A felony offense involving 9 human trafficking in violation of chapter 710A. 10 Sec. 12. Section 902.9, subsection 2, Code 2014, is 11 amended to read as follows: 12 2. The surcharges required by sections 911.1 , 13 911.2 , 911.2A, and 911.3 shall be added to a fine 14 imposed on a class “C” or class “D” felon, as provided 15 by those sections, and are not a part of or subject to 16 the maximums set in this section . 17 Sec. 13. Section 903.1, subsection 4, Code 2014, is 18 amended to read as follows: 19 4. The surcharges required by sections 911.1 , 20 911.2 , 911.2A, 911.3 , and 911.4 shall be added to a 21 fine imposed on a misdemeanant as provided in those 22 sections, and are not a part of or subject to the 23 maximums set in this section . 24 Sec. 14. NEW SECTION . 911.2A Human trafficking 25 victim surcharge. 26 1. In addition to any other surcharge, the court 27 or clerk of the district court shall assess a human 28 trafficking victim surcharge of one thousand dollars 29 if an adjudication of guilt or a deferred judgment has 30 been entered for a criminal violation of section 725.1, 31 subsection 2, or section 710A.2, 725.2, or 725.3. 32 2. In the event of multiple offenses, the surcharge 33 shall be imposed for each applicable offense. 34 3. The surcharge shall be remitted by the clerk of 35 court as provided in section 602.8108, subsection 5A. 36 Sec. 15. NEW SECTION . 915.95 Human trafficking 37 victim fund. 38 A fund is created as a separate fund in the state 39 treasury. Moneys deposited in the fund shall be 40 administered by the department and dedicated to and 41 used for awarding moneys to programs that provide 42 services and support to victims of human trafficking 43 under section 710A.2, including public outreach and 44 awareness programs and service provider training 45 programs. Notwithstanding section 8.33, any balance in 46 the fund on June 30 of any fiscal year shall not revert 47 to the general fund of the state. 48 Sec. 16. EFFECTIVE DATE. The section of this Act 49 enacting section 911.2A takes effect January 1, 2015. 50 -4- S5086.3677 (3) 85 rh/rj 4/ 5

Sec. 17. APPLICABILITY. The section of this Act 1 enacting section 911.2A applies to an adjudication of 2 guilt or a deferred judgment entered for a violation of 3 section 725.1, subsection 2, or section 710A.2, 725.2, 4 or 725.3 on or after January 1, 2015. 5 ___. Title page, by striking lines 1 through 4 6 and inserting < An Act relating to sexual and criminal 7 offenses involving minors and others, including 8 prostitution, pimping, and human trafficking, providing 9 for a fee, and including penalties and effective date 10 and applicability provisions. >> 11 ______________________________ ROBERT E. DVORSKY -5- S5086.3677 (3) 85 rh/rj 5/ 5