House File 2464 H-8144 Amend House File 2464 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 232.68, subsection 2, paragraph a, 3 subparagraph (5), Code 2022, is amended to read as follows: 4 (5) The acts or omissions of a person responsible for the 5 care of a child which allow, permit, or encourage the child to 6 engage engaged in acts prohibited pursuant to section 725.1 . 7 Notwithstanding section 702.5 , acts or omissions under this 8 subparagraph include an act or omission referred to in this 9 subparagraph with or to a person applies to a child under the 10 age of eighteen years. > 11 2. Page 1, before line 5 by inserting: 12 < __. “Court records” means the same as defined in Iowa court 13 rule 20.1(2). > 14 3. Page 1, line 15, after < record > by inserting < and 15 associated court records > 16 4. Page 2, line 8, by striking < and > and inserting < or > 17 5. Page 2, by striking line 12 and inserting < attorney’s 18 office, a law enforcement agency, or a local victim services 19 agency to be > 20 6. Page 2, line 28, after < record > by inserting < and 21 associated court files > 22 7. Page 3, line 6, by striking < record that is > and 23 inserting < record and associated court records that are > 24 8. Page 3, line 7, by striking < a confidential record > and 25 inserting < confidential records > 26 9. Page 3, line 9, after < record > by inserting < and 27 associated court records > 28 10. Page 3, line 23, by striking < has > and inserting < and 29 associated court records have > 30 11. Page 3, line 24, by striking < a confidential record > and 31 inserting < confidential records > 32 12. Page 4, line 6, by striking < record that is > and 33 inserting < record and associated court records that are > 34 13. Page 4, line 8, after < record > by inserting < and 35 -1- HF 2464.3660 (2) 89 ko/rh 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12.
associated court records > 1 14. Page 4, line 12, after < record > by inserting < and 2 associated court records > 3 15. Page 4, line 16, after < record > by inserting < and 4 associated court records > 5 16. Page 4, by striking line 24. 6 17. By striking page 4, line 27, through page 5, line 1. 7 18. Page 5, line 16, after < record > by inserting < and 8 associated court records > 9 19. Page 5, line 22, after < record > by inserting < and 10 associated court records > 11 20. Page 5, after line 22 by inserting: 12 < Sec. ___. Section 725.1, subsection 1, paragraphs b and c, 13 Code 2022, are amended to read as follows: 14 b. If the person who sells or offers for sale the person’s 15 services as a partner in a sex act is under the age of eighteen, 16 the county attorney may elect, in lieu of filing a petition 17 alleging that the person has committed a delinquent act, to the 18 person shall not be arrested, charged, or prosecuted for an 19 offense under this section. A peace officer who encounters a 20 person under the age of eighteen engaged in a violation of this 21 section may take custody of the person under section 232.78 22 or 232.79. The peace officer shall refer that the person to 23 the department of human services for the possible filing of 24 a petition alleging that the person is a child in need of 25 assistance. 26 c. If the a person who sells or offers for sale the person’s 27 services as a partner in a sex act is under the age of eighteen 28 has been convicted of a violation under paragraph “a” , upon 29 the expiration of two years following the person’s conviction 30 for a that violation of paragraph “a” or of a violation of a 31 similar local ordinance, the person may petition the court to 32 expunge the conviction, and if the person has had no other 33 criminal convictions, other than local traffic violations 34 or simple misdemeanor violations of chapter 321 during the 35 -2- HF 2464.3660 (2) 89 ko/rh 2/ 3 #14. #15. #16. #17. #18. #19. #20.
two-year period, the conviction shall be expunged as a matter 1 of law. The court shall enter an order that the record of the 2 conviction be expunged by the clerk of the district court. 3 Notwithstanding section 692.2 , after receipt of notice from 4 the clerk of the district court that a record of conviction 5 for a violation of paragraph “a” has been expunged, the record 6 of conviction shall be removed from the criminal history data 7 files maintained by the department of public safety. > 8 21. Title page, line 2, after < trafficking, > by inserting 9 < child abuse and minors engaged in prostitution, > 10 22. By renumbering, redesignating, and correcting internal 11 references as necessary. 12 ______________________________ HOLT of Crawford -3- HF 2464.3660 (2) 89 ko/rh 3/ 3 #21. #22.