Senate Amendment to House File 6 H-1245 Amend House File 6, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 80B.11, subsection 1, paragraph 5 c, Code 2015, is amended by adding the following new 6 subparagraph: 7 NEW SUBPARAGRAPH . (4) In-service training under 8 this paragraph “c” shall include the requirement 9 that all law enforcement officers complete four hours 10 of in-service training every five years related to 11 domestic assault, sexual assault, human trafficking, 12 stalking, and harassment. Such in-service training 13 shall be approved by the academy in consultation with 14 the Iowa coalition against sexual assault and the Iowa 15 coalition against domestic violence. 16 Sec. 2. Section 614.1, subsection 12, Code 2015, is 17 amended to read as follows: 18 12. Sexual abuse or sexual exploitation by a 19 counselor, therapist, or school employee. An action 20 for damages for injury suffered as a result of sexual 21 abuse, as defined in section 709.1 , by a counselor, 22 therapist, or school employee, as defined in section 23 709.15 , or as a result of sexual exploitation by a 24 counselor, therapist, or school employee shall be 25 brought within five ten years of the date the victim 26 was last treated by the counselor or therapist, or 27 within five ten years of the date the victim was 28 last enrolled in or attended the school , or, if the 29 victim was a minor when the sexual abuse or sexual 30 exploitation occurred, within ten years of the date the 31 victim attains the age of eighteen . 32 Sec. 3. Section 614.8, subsection 2, Code 2015, is 33 amended to read as follows: 34 2. Except as provided in section 614.1, subsection 35 subsections 9 and 12 , the times limited for actions in 36 this chapter , or chapter 216 , 669 , or 670 , except those 37 brought for penalties and forfeitures, are extended 38 in favor of minors, so that they shall have one year 39 from and after attainment of majority within which to 40 file a complaint pursuant to chapter 216 , to make a 41 claim pursuant to chapter 669 or 670 , or to otherwise 42 commence an action. 43 Sec. 4. NEW SECTION . 692.23 Human trafficking 44 information. 45 The division of criminal and juvenile justice 46 planning of the department of human rights shall 47 collect and maintain criminal history data on incidents 48 related to human trafficking in this state, and 49 shall submit an annual report to the general assembly 50 -1- HF6.1559.S (1) 86 jh 1/ 6 #1.
concerning the collected data. For purposes of this 1 section, “incidents related to human trafficking” 2 means criminal violations of section 710.5, 710.11, or 3 710A.2, section 725.1, subsection 2, or section 725.2 4 or 725.3, or violations of section 710.2, 710.3, or 5 710.4 if the victim was forced to provide labor or 6 services or participate in commercial sexual activity. 7 Sec. 5. Section 702.11, subsection 1, Code 2015, is 8 amended to read as follows: 9 1. A “forcible felony” is any felonious child 10 endangerment, assault, murder, sexual abuse, 11 kidnapping, robbery, arson in the first degree, or 12 burglary in the first degree , or human trafficking . 13 Sec. 6. Section 708.2A, subsection 1, Code 2015, is 14 amended to read as follows: 15 1. For the purposes of this chapter , “domestic 16 abuse assault” means an assault, as defined in section 17 708.1 , which is domestic abuse as defined in section 18 236.2, subsection 2 , paragraph “a” , “b” , “c” , or “d” , or 19 “e” . 20 Sec. 7. Section 708.11, subsection 1, paragraph b, 21 Code 2015, is amended to read as follows: 22 b. “Course of conduct” means repeatedly 23 maintaining a visual or physical proximity to a person 24 without legitimate purpose , repeatedly utilizing a 25 technological device to locate, listen to, or watch 26 a person without legitimate purpose, or repeatedly 27 conveying oral or written threats, threats implied 28 by conduct, or a combination thereof, directed at or 29 toward a person. 30 Sec. 8. Section 708.11, subsection 2, Code 2015, is 31 amended to read as follows: 32 2. A person commits stalking when all of the 33 following occur: 34 a. The person purposefully engages in a course of 35 conduct directed at a specific person that would cause 36 a reasonable person to feel terrorized, frightened, 37 intimidated, or threatened or to fear that the person 38 intends to cause bodily injury to, or the death of, 39 that specific person or a member of the specific 40 person’s immediate family. 41 b. The person has knowledge or should have 42 knowledge that the specific person will be placed in 43 reasonable fear of a reasonable person would feel 44 terrorized, frightened, intimidated, or threatened or 45 fear that the person intends to cause bodily injury to, 46 or the death of, that specific person or a member of 47 the specific person’s immediate family by the course 48 of conduct. 49 c. The person’s course of conduct induces fear in 50 -2- HF6.1559.S (1) 86 jh 2/ 6
the specific person of bodily injury to, or the death 1 of, the specific person or a member of the specific 2 person’s immediate family. 3 Sec. 9. NEW SECTION . 708.11A Unauthorized 4 placement of global positioning device. 5 1. A person commits unauthorized placement of 6 a global positioning device, when, with intent to 7 intimidate, annoy, or alarm another person, the person, 8 without the consent of the other person, places a 9 global positioning device on the other person or an 10 object in order to track the movements of the other 11 person without a legitimate purpose. 12 2. A person who commits a violation of this section 13 commits a serious misdemeanor. 14 Sec. 10. Section 709.15, subsection 1, paragraph 15 f, Code 2015, is amended by striking the paragraph and 16 inserting in lieu thereof the following: 17 f. (1) “School employee” means any of the 18 following, except as provided in subparagraph (2): 19 (a) A person who holds a license, certificate, 20 authorization, or statement of professional recognition 21 issued by the board of educational examiners under 22 chapter 272. 23 (b) A person employed by a school district or 24 nonpublic school full-time or part-time. 25 (c) A contract employee of a school district or 26 nonpublic school who has significant contact with 27 students enrolled in the school district or nonpublic 28 school. 29 (d) A person who performs services as a volunteer 30 for a school district or nonpublic school and who has 31 significant contact with students enrolled in the 32 school district or nonpublic school. 33 (2) “School employee” does not include the 34 following: 35 (a) A student enrolled in a school district or 36 nonpublic school. 37 (b) A person who holds a coaching authorization 38 issued under section 272.31, subsection 1, if the 39 person is less than four years older than the student 40 with whom the person engages in conduct prohibited 41 under subsection 3, paragraph “a” , and the person is 42 not in a position of direct authority over the student. 43 (c) A person who performs services as a volunteer 44 for a school district or nonpublic school and who has 45 significant contact with students enrolled in the 46 school district or nonpublic school, if the person 47 is less than four years older than the student with 48 whom the person engages in conduct prohibited under 49 subsection 3, paragraph “a” , and the person is not in a 50 -3- HF6.1559.S (1) 86 jh 3/ 6
position of direct authority over the student. 1 Sec. 11. Section 709.15, subsection 3, Code 2015, 2 is amended by adding the following new paragraph: 3 NEW PARAGRAPH . c. The provisions of this 4 subsection do not apply to a person who is employed 5 by, volunteers for, or is under contract with a school 6 district or nonpublic school if the student is not 7 enrolled in the same school district or nonpublic 8 school that employs the person or for which the person 9 volunteers or is under contract, and the person does 10 not meet the requirements of subsection 1, paragraph 11 “f” , subparagraph (1), subparagraph division (a). 12 Sec. 12. Section 709.21, subsection 1, paragraph a, 13 Code 2015, is amended to read as follows: 14 a. The other person does not have knowledge about 15 and does not consent or is unable to consent to being 16 viewed, photographed, or filmed. 17 Sec. 13. Section 709.21, subsection 3, Code 2015, 18 is amended to read as follows: 19 3. A person who violates this section commits a 20 serious an aggravated misdemeanor. 21 Sec. 14. NEW SECTION . 710A.6 Outreach, public 22 awareness, and training programs. 23 The crime victim assistance division of the 24 department of justice, in cooperation with other 25 governmental agencies and nongovernmental or community 26 organizations, shall develop and conduct outreach, 27 public awareness, and training programs for the general 28 public, law enforcement agencies, first responders, 29 potential victims, and persons conducting or regularly 30 dealing with businesses or other ventures that have 31 a high statistical incidence of debt bondage or 32 forced labor or services. The programs shall train 33 participants to recognize and report incidents of human 34 trafficking and to suppress the demand that fosters 35 exploitation of persons and leads to human trafficking. 36 Sec. 15. Section 716.7, subsection 2, paragraph 37 a, Code 2015, is amended by adding the following new 38 subparagraph: 39 NEW SUBPARAGRAPH . (7) Intentionally viewing, 40 photographing, or filming another person through the 41 window or any other aperture of a dwelling, without 42 legitimate purpose, while present on the real property 43 upon which the dwelling is located, or while placing 44 on or retrieving from such property equipment to view, 45 photograph, or film another person, if the person 46 being viewed, photographed, or filmed has a reasonable 47 expectation of privacy, and if the person being viewed, 48 photographed, or filmed does not consent or cannot 49 consent to being viewed, photographed, or filmed. 50 -4- HF6.1559.S (1) 86 jh 4/ 6
Sec. 16. Section 716.8, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. Any person who knowingly trespasses upon the 3 property of another commits a simple misdemeanor , 4 except that any person who intentionally trespasses as 5 defined in section 716.7, subsection 2, paragraph “a” , 6 subparagraph (7), commits a serious misdemeanor . 7 Sec. 17. Section 802.2, subsection 1, Code 2015, is 8 amended to read as follows: 9 1. An information or indictment for sexual abuse 10 in the first, second, or third degree committed on or 11 with a person who is under the age of eighteen years 12 shall be found within ten years after the person upon 13 whom the offense is committed attains eighteen years of 14 age, or if the person against whom the information or 15 indictment is sought is identified through the use of 16 a DNA profile, an information or indictment shall be 17 found within three years from the date the person is 18 identified by the person’s DNA profile, whichever is 19 later may be commenced at any time after the commission 20 of the offense . 21 Sec. 18. Section 802.10, subsection 3, Code 2015, 22 is amended to read as follows: 23 3. However, notwithstanding subsection 2 , an 24 indictment or information shall be found against a 25 person within three years from the date the person is 26 identified by the person’s DNA profile. If the action 27 involves sexual abuse of a person eighteen years of 28 age or older or another sexual offense, the indictment 29 or information shall be found as provided in section 30 802.2 , subsection 2, or 802.2B , if the person is 31 identified by the person’s DNA profile. 32 Sec. 19. Section 915.94, Code 2015, is amended to 33 read as follows: 34 915.94 Victim compensation fund. 35 A victim compensation fund is established as 36 a separate fund in the state treasury. Moneys 37 deposited in the fund shall be administered by the 38 department and dedicated to and used for the purposes 39 of section 915.41 and this subchapter . In addition, 40 the department may use moneys from the fund for the 41 purpose of the department’s prosecutor-based victim 42 service coordination, including the duties defined in 43 sections 910.3 and 910.6 and this chapter , and for the 44 award of funds to programs that provide services and 45 support to victims of domestic abuse or sexual assault 46 as provided in chapter 236 , to victims under section 47 710A.2 , and for the support of an automated victim 48 notification system established in section 915.10A . The 49 For each fiscal year, the department may also use up 50 -5- HF6.1559.S (1) 86 jh 5/ 6
to one three hundred thousand dollars from the fund 1 to provide training for victim service providers , to 2 provide training for related professionals concerning 3 victim service programming, and to provide training 4 concerning homicide, domestic assault, sexual assault, 5 stalking, harassment, and human trafficking as required 6 by section 710A.6 . Notwithstanding section 8.33 , any 7 balance in the fund on June 30 of any fiscal year shall 8 not revert to the general fund of the state. 9 2. Title page, by striking lines 1 through 3 and 10 inserting < An Act relating to sexual abuse, invasion 11 of privacy, and sexual exploitation by a counselor, 12 therapist, and school employee, including the time 13 period certain actions may be brought, and providing 14 penalties. > 15 3. By renumbering as necessary. 16 -6- HF6.1559.S (1) 86 jh 6/ 6 #2.