House File 6 S-3131 Amend the amendment, S-3094, to House File 6, 1 as amended, passed, and reprinted by the House, as 2 follows: 3 1. By striking page 1, line 5, through page 2, line 4 28, and inserting: 5 << Section 1. Section 80B.11, subsection 1, 6 paragraph c, Code 2015, is amended by adding the 7 following new subparagraph: 8 NEW SUBPARAGRAPH . (4) In-service training under 9 this paragraph “c” shall include the requirement 10 that all law enforcement officers complete four hours 11 of in-service training every five years related to 12 domestic assault, sexual assault, human trafficking, 13 stalking, and harassment. Such in-service training 14 shall be approved by the academy in consultation with 15 the Iowa coalition against sexual assault and the Iowa 16 coalition against domestic violence. 17 Sec. 2. Section 614.1, subsection 12, Code 2015, is 18 amended to read as follows: 19 12. Sexual abuse or sexual exploitation by a 20 counselor, therapist, or school employee. An action 21 for damages for injury suffered as a result of sexual 22 abuse, as defined in section 709.1 , by a counselor, 23 therapist, or school employee, as defined in section 24 709.15 , or as a result of sexual exploitation by a 25 counselor, therapist, or school employee shall be 26 brought within five ten years of the date the victim 27 was last treated by the counselor or therapist, or 28 within five ten years of the date the victim was 29 last enrolled in or attended the school , or, if the 30 victim was a minor when the sexual abuse or sexual 31 exploitation occurred, within ten years of the date the 32 victim attains the age of eighteen . 33 Sec. 3. Section 614.8, subsection 2, Code 2015, is 34 amended to read as follows: 35 2. Except as provided in section 614.1, subsection 36 subsections 9 and 12 , the times limited for actions in 37 this chapter , or chapter 216 , 669 , or 670 , except those 38 brought for penalties and forfeitures, are extended 39 in favor of minors, so that they shall have one year 40 from and after attainment of majority within which to 41 file a complaint pursuant to chapter 216 , to make a 42 claim pursuant to chapter 669 or 670 , or to otherwise 43 commence an action. 44 Sec. 4. NEW SECTION . 692.23 Human trafficking 45 information. 46 The division of criminal and juvenile justice 47 planning of the department of human rights shall 48 collect and maintain criminal history data on incidents 49 related to human trafficking in this state, and 50 -1- S3094.1549 (3) 86 kh/rj 1/ 6 #1.

shall submit an annual report to the general assembly 1 concerning the collected data. For purposes of this 2 section, “incidents related to human trafficking” 3 means criminal violations of section 710.5, 710.11, or 4 710A.2, section 725.1, subsection 2, or section 725.2 5 or 725.3, or violations of section 710.2, 710.3, or 6 710.4 if the victim was forced to provide labor or 7 services or participate in commercial sexual activity. 8 Sec. 5. Section 702.11, subsection 1, Code 2015, is 9 amended to read as follows: 10 1. A “forcible felony” is any felonious child 11 endangerment, assault, murder, sexual abuse, 12 kidnapping, robbery, arson in the first degree, or 13 burglary in the first degree , or human trafficking . 14 Sec. 6. Section 708.2A, subsection 1, Code 2015, is 15 amended to read as follows: 16 1. For the purposes of this chapter , “domestic 17 abuse assault” means an assault, as defined in section 18 708.1 , which is domestic abuse as defined in section 19 236.2, subsection 2 , paragraph “a” , “b” , “c” , or “d” , 20 or “e” . 21 Sec. 7. Section 708.11, subsection 1, paragraph b, 22 Code 2015, is amended to read as follows: 23 b. “Course of conduct” means repeatedly 24 maintaining a visual or physical proximity to a person 25 without legitimate purpose , repeatedly utilizing a 26 technological device to locate, listen to, or watch 27 a person without legitimate purpose, or repeatedly 28 conveying oral or written threats, threats implied 29 by conduct, or a combination thereof, directed at or 30 toward a person. 31 Sec. 8. Section 708.11, subsection 2, Code 2015, is 32 amended to read as follows: 33 2. A person commits stalking when all of the 34 following occur: 35 a. The person purposefully engages in a course of 36 conduct directed at a specific person that would cause 37 a reasonable person to feel terrorized, frightened, 38 intimidated, or threatened or to fear that the person 39 intends to cause bodily injury to, or the death of, 40 that specific person or a member of the specific 41 person’s immediate family. 42 b. The person has knowledge or should have 43 knowledge that the specific person will be placed in 44 reasonable fear of a reasonable person would feel 45 terrorized, frightened, intimidated, or threatened or 46 fear that the person intends to cause bodily injury to, 47 or the death of, that specific person or a member of 48 the specific person’s immediate family by the course 49 of conduct. 50 -2- S3094.1549 (3) 86 kh/rj 2/ 6

c. The person’s course of conduct induces fear in 1 the specific person of bodily injury to, or the death 2 of, the specific person or a member of the specific 3 person’s immediate family. 4 Sec. 9. NEW SECTION . 708.11A Unauthorized 5 placement of global positioning device. 6 1. A person commits unauthorized placement of 7 a global positioning device, when, with intent to 8 intimidate, annoy, or alarm another person, the person, 9 without the consent of the other person, places a 10 global positioning device on the other person or an 11 object in order to track the movements of the other 12 person without a legitimate purpose. 13 2. A person who commits a violation of this section 14 commits a serious misdemeanor. 15 Sec. 10. Section 709.15, subsection 1, paragraph 16 f, Code 2015, is amended by striking the paragraph and 17 inserting in lieu thereof the following: 18 f. (1) “School employee” means any of the 19 following, except as provided in subparagraph (2): 20 (a) A person who holds a license, certificate, 21 authorization, or statement of professional recognition 22 issued by the board of educational examiners under 23 chapter 272. 24 (b) A person employed by a school district or 25 nonpublic school full-time or part-time. 26 (c) A contract employee of a school district or 27 nonpublic school who has significant contact with 28 students enrolled in the school district or nonpublic 29 school. 30 (d) A person who performs services as a volunteer 31 for a school district or nonpublic school and who has 32 significant contact with students enrolled in the 33 school district or nonpublic school. 34 (2) “School employee” does not include the 35 following: 36 (a) A student enrolled in a school district or 37 nonpublic school. 38 (b) A person who holds a coaching authorization 39 issued under section 272.31, subsection 1, if the 40 person is less than four years older than the student 41 with whom the person engages in conduct prohibited 42 under subsection 3, paragraph “a” , and the person is 43 not in a position of direct authority over the student. 44 (c) A person who performs services as a volunteer 45 for a school district or nonpublic school and who has 46 significant contact with students enrolled in the 47 school district or nonpublic school, if the person 48 is less than four years older than the student with 49 whom the person engages in conduct prohibited under 50 -3- S3094.1549 (3) 86 kh/rj 3/ 6

subsection 3, paragraph “a” , and the person is not in a 1 position of direct authority over the student. 2 Sec. 11. Section 709.15, subsection 3, Code 2015, 3 is amended by adding the following new paragraph: 4 NEW PARAGRAPH . c. The provisions of this 5 subsection do not apply to a person who is employed 6 by, volunteers for, or is under contract with a school 7 district or nonpublic school if the student is not 8 enrolled in the same school district or nonpublic 9 school that employs the person or for which the person 10 volunteers or is under contract, and the person does 11 not meet the requirements of subsection 1, paragraph 12 “f” , subparagraph (1), subparagraph division (a). 13 Sec. 12. Section 709.21, subsection 1, paragraph a, 14 Code 2015, is amended to read as follows: 15 a. The other person does not have knowledge about 16 and does not consent or is unable to consent to being 17 viewed, photographed, or filmed. 18 Sec. 13. Section 709.21, subsection 3, Code 2015, 19 is amended to read as follows: 20 3. A person who violates this section commits a 21 serious an aggravated misdemeanor. 22 Sec. 14. NEW SECTION . 710A.6 Outreach, public 23 awareness, and training programs. 24 The crime victim assistance division of the 25 department of justice, in cooperation with other 26 governmental agencies and nongovernmental or community 27 organizations, shall develop and conduct outreach, 28 public awareness, and training programs for the general 29 public, law enforcement agencies, first responders, 30 potential victims, and persons conducting or regularly 31 dealing with businesses or other ventures that have 32 a high statistical incidence of debt bondage or 33 forced labor or services. The programs shall train 34 participants to recognize and report incidents of human 35 trafficking and to suppress the demand that fosters 36 exploitation of persons and leads to human trafficking. 37 Sec. 15. Section 716.7, subsection 2, paragraph 38 a, Code 2015, is amended by adding the following new 39 subparagraph: 40 NEW SUBPARAGRAPH . (7) Intentionally viewing, 41 photographing, or filming another person through the 42 window or any other aperture of a dwelling, without 43 legitimate purpose, while present on the real property 44 upon which the dwelling is located, or while placing 45 on or retrieving from such property equipment to view, 46 photograph, or film another person, if the person 47 being viewed, photographed, or filmed has a reasonable 48 expectation of privacy, and if the person being viewed, 49 photographed, or filmed does not consent or cannot 50 -4- S3094.1549 (3) 86 kh/rj 4/ 6

consent to being viewed, photographed, or filmed. 1 Sec. 16. Section 716.8, subsection 1, Code 2015, is 2 amended to read as follows: 3 1. Any person who knowingly trespasses upon the 4 property of another commits a simple misdemeanor , 5 except that any person who intentionally trespasses as 6 defined in section 716.7, subsection 2, paragraph “a” , 7 subparagraph (7), commits a serious misdemeanor . 8 Sec. 17. Section 802.2, subsection 1, Code 2015, is 9 amended to read as follows: 10 1. An information or indictment for sexual abuse 11 in the first, second, or third degree committed on or 12 with a person who is under the age of eighteen years 13 shall be found within ten years after the person upon 14 whom the offense is committed attains eighteen years of 15 age, or if the person against whom the information or 16 indictment is sought is identified through the use of 17 a DNA profile, an information or indictment shall be 18 found within three years from the date the person is 19 identified by the person’s DNA profile, whichever is 20 later may be commenced at any time after the commission 21 of the offense . 22 Sec. 18. Section 802.10, subsection 3, Code 2015, 23 is amended to read as follows: 24 3. However, notwithstanding subsection 2 , an 25 indictment or information shall be found against a 26 person within three years from the date the person is 27 identified by the person’s DNA profile. If the action 28 involves sexual abuse of a person eighteen years of 29 age or older or another sexual offense, the indictment 30 or information shall be found as provided in section 31 802.2 , subsection 2, or 802.2B , if the person is 32 identified by the person’s DNA profile. 33 Sec. 19. Section 915.94, Code 2015, is amended to 34 read as follows: 35 915.94 Victim compensation fund. 36 A victim compensation fund is established as 37 a separate fund in the state treasury. Moneys 38 deposited in the fund shall be administered by the 39 department and dedicated to and used for the purposes 40 of section 915.41 and this subchapter . In addition, 41 the department may use moneys from the fund for the 42 purpose of the department’s prosecutor-based victim 43 service coordination, including the duties defined in 44 sections 910.3 and 910.6 and this chapter , and for the 45 award of funds to programs that provide services and 46 support to victims of domestic abuse or sexual assault 47 as provided in chapter 236 , to victims under section 48 710A.2 , and for the support of an automated victim 49 notification system established in section 915.10A . 50 -5- S3094.1549 (3) 86 kh/rj 5/ 6

The For each fiscal year, the department may also use 1 up to one three hundred thousand dollars from the fund 2 to provide training for victim service providers , to 3 provide training for related professionals concerning 4 victim service programming, and to provide training 5 concerning homicide, domestic assault, sexual assault, 6 stalking, harassment, and human trafficking as required 7 by section 710A.6 . Notwithstanding section 8.33 , any 8 balance in the fund on June 30 of any fiscal year shall 9 not revert to the general fund of the state. > 10 2. Title page, by striking lines 1 through 3 and 11 inserting < An Act relating to sexual abuse, invasion 12 of privacy, and sexual exploitation by a counselor, 13 therapist, and school employee, including the time 14 period certain actions may be brought, and providing 15 penalties. > 16 3. By renumbering as necessary. 17 ______________________________ JANET PETERSEN -6- S3094.1549 (3) 86 kh/rj 6/ 6 #2. #3.