H-1245

   Amend House File 6, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 80B.11, subsection 1, paragraph c, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  In-service training under this paragraph “c” shall include the requirement that all law enforcement officers complete four hours of in-service training every five years related to domestic assault, sexual assault, human trafficking, stalking, and harassment. Such in-service training shall be approved by the academy in consultation with the Iowa coalition against sexual assault and the Iowa coalition against domestic violence.
   Sec. 2.  Section 614.1, subsection 12, Code 2015, is amended to read as follows:
   12.  Sexual abuse or sexual exploitation by a counselor, therapist, or school employee.  An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, or school employee, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, or school employee shall be brought within five ten years of the date the victim was last treated by the counselor or therapist, or within five ten years of the date the victim was last enrolled in or attended the school, or, if the victim was a minor when the sexual abuse or sexual exploitation occurred, within ten years of the date the victim attains the age of eighteen.
   Sec. 3.  Section 614.8, subsection 2, Code 2015, is amended to read as follows:
   2.  Except as provided in section 614.1, subsection subsections 9 and 12, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669 or 670, or to otherwise commence an action.
   Sec. 4.  NEW SECTION.  692.23  Human trafficking information.

   The division of criminal and juvenile justice planning of the department of human rights shall collect and maintain criminal history data on incidents related to human trafficking in this state, and shall submit an annual report to the general assembly concerning the collected data. For purposes of this section, “incidents related to human trafficking” means criminal violations of section 710.5, 710.11, or 710A.2, section 725.1, subsection 2, or section 725.2 or 725.3, or violations of section 710.2, 710.3, or 710.4 if the victim was forced to provide labor or services or participate in commercial sexual activity.
   Sec. 5.  Section 702.11, subsection 1, Code 2015, is amended to read as follows:
   1.  A “forcible felony” is any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree, or human trafficking.
   Sec. 6.  Section 708.2A, subsection 1, Code 2015, is amended to read as follows:
   1.  For the purposes of this chapter, “domestic abuse assault” means an assault, as defined in section 708.1, which is domestic abuse as defined in section 236.2, subsection 2, paragraph “a”, “b”, “c”, or“d”, or “e”.
   Sec. 7.  Section 708.11, subsection 1, paragraph b, Code 2015, is amended to read as follows:
   b.  “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
   Sec. 8.  Section 708.11, subsection 2, Code 2015, is amended to read as follows:
   2.  A person commits stalking when all of the following occur:
   a.  The person purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened or to fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family.
   b.  The person has knowledge or should have knowledge that the specific person will be placed in reasonable fear of a reasonable person would feel terrorized, frightened, intimidated, or threatened or fear that the person intends to cause bodily injury to, or the death of, that specific person or a member of the specific person’s immediate family by the course of conduct.
   c.  The person’s course of conduct induces fear in the specific person of bodily injury to, or the death of, the specific person or a member of the specific person’s immediate family.
   Sec. 9.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  A person commits unauthorized placement of a global positioning device, when, with intent to intimidate, annoy, or alarm another person, the person, without the consent of the other person, places a global positioning device on the other person or an object in order to track the movements of the other person without a legitimate purpose.
   2.  A person who commits a violation of this section commits a serious misdemeanor.
   Sec. 10.  Section 709.15, subsection 1, paragraph f, Code 2015, is amended by striking the paragraph and inserting in lieu thereof the following:
   f.  (1)  “School employee” means any of the following, except as provided in subparagraph (2):
   (a)  A person who holds a license, certificate, authorization, or statement of professional recognition issued by the board of educational examiners under chapter 272.
   (b)  A person employed by a school district or nonpublic school full-time or part-time.
   (c)  A contract employee of a school district or nonpublic school who has significant contact with students enrolled in the school district or nonpublic school.
   (d)  A person who performs services as a volunteer for a school district or nonpublic school and who has significant contact with students enrolled in the school district or nonpublic school.
   (2)  “School employee” does not include the following:
   (a)  A student enrolled in a school district or nonpublic school.
   (b)  A person who holds a coaching authorization issued under section 272.31, subsection 1, if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
   (c)  A person who performs services as a volunteer for a school district or nonpublic school and who has significant contact with students enrolled in the school district or nonpublic school, if the person is less than four years older than the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a”, and the person is not in a position of direct authority over the student.
   Sec. 11.  Section 709.15, subsection 3, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  The provisions of this subsection do not apply to a person who is employed by, volunteers for, or is under contract with a school district or nonpublic school if the student is not enrolled in the same school district or nonpublic school that employs the person or for which the person volunteers or is under contract, and the person does not meet the requirements of subsection 1, paragraph “f”, subparagraph (1), subparagraph division (a).
   Sec. 12.  Section 709.21, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  The other person does not have knowledge about and does not consent or is unable to consent to being viewed, photographed, or filmed.
   Sec. 13.  Section 709.21, subsection 3, Code 2015, is amended to read as follows:
   3.  A person who violates this section commits a serious an aggravated misdemeanor.
   Sec. 14.  NEW SECTION.  710A.6  Outreach, public awareness, and training programs.

   The crime victim assistance division of the department of justice, in cooperation with other governmental agencies and nongovernmental or community organizations, shall develop and conduct outreach, public awareness, and training programs for the general public, law enforcement agencies, first responders, potential victims, and persons conducting or regularly dealing with businesses or other ventures that have a high statistical incidence of debt bondage or forced labor or services. The programs shall train participants to recognize and report incidents of human trafficking and to suppress the demand that fosters exploitation of persons and leads to human trafficking.
   Sec. 15.  Section 716.7, subsection 2, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Intentionally viewing, photographing, or filming another person through the window or any other aperture of a dwelling, without legitimate purpose, while present on the real property upon which the dwelling is located, or while placing on or retrieving from such property equipment to view, photograph, or film another person, if the person being viewed, photographed, or filmed has a reasonable expectation of privacy, and if the person being viewed, photographed, or filmed does not consent or cannot consent to being viewed, photographed, or filmed.
   Sec. 16.  Section 716.8, subsection 1, Code 2015, is amended to read as follows:
   1.  Any person who knowingly trespasses upon the property of another commits a simple misdemeanor, except that any person who intentionally trespasses as defined in section 716.7, subsection 2, paragraph “a”, subparagraph (7), commits a serious misdemeanor.
   Sec. 17.  Section 802.2, subsection 1, Code 2015, is amended to read as follows:
   1.  An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later may be commenced at any time after the commission of the offense.
   Sec. 18.  Section 802.10, subsection 3, Code 2015, is amended to read as follows:
   3.  However, notwithstanding subsection 2, an indictment or information shall be found against a person within three years from the date the person is identified by the person’s DNA profile. If the action involves sexual abuse of a person eighteen years of age or older or another sexual offense, the indictment or information shall be found as provided in section 802.2, subsection 2, or 802.2B, if the person is identified by the person’s DNA profile.
   Sec. 19.  Section 915.94, Code 2015, is amended to read as follows:
   915.94  Victim compensation fund.

   A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The For each fiscal year, the department may also use up to one three hundred thousand dollars from the fund to provide training for victim service providers, to provide training for related professionals concerning victim service programming, and to provide training concerning homicide, domestic assault, sexual assault, stalking, harassment, and human trafficking as required by section 710A.6. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
   2.  Title page, by striking lines 1 through 3 and inserting <An Act relating to sexual abuse, invasion of privacy, and sexual exploitation by a counselor, therapist, and school employee, including the time period certain actions may be brought, and providing penalties.>
   3.  By renumbering as necessary.