Senate File 2382 H-8468 Amend the amendment, H-8273, to Senate File 2382, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, by striking line 3 and inserting: 3 < ___. By striking page 1, line 1, through page 10, line 23 > 4 2. Page 1, by striking lines 6 and 7 and inserting: 5 < ___. By striking page 15, line 18, through page 20, line 6 4. > 7 3. Page 1, after line 12 by inserting: 8 < ___. Page 26, after line 14 by inserting: 9 < DIVISION ___ 10 JUROR SERVICE 11 Sec. ___. Section 607A.5, Code 2018, is amended to read as 12 follows: 13 607A.5 Automatic excuse from jury service. 14 1. A person shall be excused from jury service if the 15 person submits written documentation verifying, to the court’s 16 satisfaction, that the person is solely responsible for the 17 daily care of a person with a permanent disability living 18 in the person’s household and that the performance of juror 19 service would cause substantial risk of injury to the health of 20 the person with a disability, or that the person is the mother 21 of a breastfed child and is responsible for the daily care of 22 the child. However, if the person is regularly employed at a 23 location other than the person’s household, the person shall 24 not be excused under this section subsection . 25 2. A person shall be excused from jury service if the person 26 is at least seventy-two years of age and notifies the court 27 that the person is at least seventy-two years of age and wishes 28 to be exempted from jury service. 29 DIVISION ___ 30 EARNED TIME 31 Sec. ___. Section 903A.2, subsection 1, paragraph a, 32 subparagraph (2), Code 2018, is amended to read as follows: 33 (2) However, an inmate required to participate in a sex 34 offender treatment program shall not be eligible for a any 35 -1- H8273.5686 (5) 87 jm/rh 1/ 5 #1. #2. #3.
reduction of sentence unless until the inmate participates in 1 and completes a sex offender treatment program established by 2 the director. 3 Sec. ___. Section 903A.2, subsection 1, paragraph b, 4 subparagraph (2), Code 2018, is amended to read as follows: 5 (2) An inmate required to participate in a domestic abuse 6 treatment program shall not be eligible for a any reduction of 7 sentence unless until the inmate participates in and completes 8 a domestic abuse treatment program established by the director. 9 Sec. ___. Section 903A.3, subsection 1, Code 2018, is 10 amended to read as follows: 11 1. Upon finding that an inmate has violated an institutional 12 rule, has failed to complete a sex offender or domestic abuse 13 treatment program as specified in section 903A.2, or has 14 had an action or appeal dismissed under section 610A.2 , the 15 independent administrative law judge may order forfeiture of 16 any or all earned time accrued and not forfeited up to the 17 date of the violation by the inmate and may order forfeiture 18 of any or all earned time accrued and not forfeited up to 19 the date the action or appeal is dismissed, unless the court 20 entered such an order under section 610A.3 . The independent 21 administrative law judge has discretion within the guidelines 22 established pursuant to section 903A.4 , to determine the amount 23 of time that should be forfeited based upon the severity of the 24 violation. Prior violations by the inmate may be considered by 25 the administrative law judge in the decision. 26 DIVISION ___ 27 HUMAN TRAFFICKING 28 Sec. ___. Section 710A.2, Code 2018, is amended to read as 29 follows: 30 710A.2 Human trafficking. 31 1. A person who knowingly engages in human trafficking is 32 guilty of a class “D” felony, except that if the victim is 33 under the age of eighteen, the person is guilty of a class “C” 34 “B” felony. 35 -2- H8273.5686 (5) 87 jm/rh 2/ 5
2. A person who knowingly engages in human trafficking by 1 causing or threatening to cause serious physical injury to 2 another person is guilty of a class “C” felony, except that if 3 the victim is under the age of eighteen, the person is guilty 4 of a class “B” felony. 5 3. A person who knowingly engages in human trafficking by 6 physically restraining or threatening to physically restrain 7 another person is guilty of a class “D” felony, except that if 8 the victim is under the age of eighteen, the person is guilty 9 of a class “C” “B” felony. 10 4. A person who knowingly engages in human trafficking by 11 soliciting services or benefiting from the services of a victim 12 is guilty of a class “D” felony, except that if the victim is 13 under the age of eighteen, the person is guilty of a class “C” 14 “B” felony. 15 5. A person who knowingly engages in human trafficking by 16 abusing or threatening to abuse the law or legal process is 17 guilty of a class “D” felony, except that if the victim is 18 under the age of eighteen, the person is guilty of a class “C” 19 “B” felony. 20 6. A person who knowingly engages in human trafficking 21 by knowingly destroying, concealing, removing, confiscating, 22 or possessing any actual or purported passport or other 23 immigration document, or any other actual or purported 24 government identification document of a victim is guilty of a 25 class “D” felony, except that if that other person is under 26 the age of eighteen, the person is guilty of a class “C” “B” 27 felony. 28 7. A person who benefits financially or by receiving 29 anything of value from knowing participation in human 30 trafficking is guilty of a class “D” felony, except that if the 31 victim is under the age of eighteen, the person is guilty of a 32 class “C” “B” felony. 33 8. A person’s ignorance of the age of the victim or a belief 34 that the victim was older is not a defense to a violation of 35 -3- H8273.5686 (5) 87 jm/rh 3/ 5
this section . 1 DIVISION ___ 2 EMPLOYEE’S CRIMINAL HISTORY —— ADMISSIBILITY 3 Sec. ___. NEW SECTION . 671A.1 Limitation on admissibility 4 of evidence of an employee’s criminal history. 5 1. Information regarding the criminal history of an 6 employee or former employee shall not be introduced as evidence 7 in a civil action against an employer or its employees or 8 agents that is based on the conduct of the employee or former 9 employee in any of the following circumstances: 10 a. The nature of the criminal history does not bear a direct 11 relationship to the facts underlying the cause of action. 12 b. Before the occurrence of the act giving rise to the civil 13 action, a court ordered the record of any criminal case sealed 14 or the president of the United States or the chief executive of 15 a state pardoned the employee or former employee. 16 c. The record is of an arrest or charge that did not result 17 in a criminal conviction. 18 d. A court granted the employee or former employee a 19 deferred judgment at sentencing and a court did not revoke the 20 deferred judgment. 21 2. This section does not alter any statutory provision 22 allowing an employer to conduct a criminal history background 23 investigation or consider criminal history records in the 24 employment process for particular types of employment. 25 3. This section does not create a duty for employers not 26 otherwise so required by law to conduct criminal history 27 background checks. 28 ___. Title page, line 2, after < proceedings > by inserting 29 < and criminal history admissibility, >> 30 4. By renumbering, redesignating, and correcting internal 31 references as necessary. 32 -4- H8273.5686 (5) 87 jm/rh 4/ 5
______________________________ BALTIMORE of Boone -5- H8273.5686 (5) 87 jm/rh 5/ 5