Senate File 388 S-3125 Amend Senate File 388 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 152C.5B License and 4 government-issued identification —— peace officer request. 5 1. For purposes of this section, unless the context 6 otherwise requires: 7 a. “Government-issued identification” means any of the 8 following: 9 (1) An unexpired driver’s license issued by any state, 10 territory, or district of the United States. 11 (2) An unexpired identification card issued by any state, 12 territory, or district of the United States. 13 (3) An unexpired United States passport. 14 (4) A naturalization certificate issued by the United 15 States citizenship and immigration services. 16 (5) An unexpired permanent resident card, also known as 17 a green card, issued by the United States citizenship and 18 immigration services. 19 (6) An unexpired employment authorization document issued 20 by the United States citizenship and immigration services. 21 b. “Peace officer” means any of the following: 22 (1) Sheriffs and their regular deputies who are subject to 23 mandated law enforcement training. 24 (2) Marshals and police officers of cities. 25 (3) Peace officer members of the department of public safety 26 as defined in chapter 80. 27 (4) Special security officers employed by board of regents 28 institutions as set forth in section 262.13. 29 (5) Such employees of the department of transportation as 30 are designated “peace officers” by resolution of the department 31 under section 321.477. 32 (6) Employees of an aviation authority designated as “peace 33 officers” by the authority under section 330A.8, subsection 16. 34 2. A person licensed or who purports to be licensed under 35 -1- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 1/ 8 #1.

this chapter shall, upon the request of any peace officer 1 investigating a complaint of illegal services, present a 2 copy of the person’s valid Iowa massage therapist license 3 and a government-issued identification to the peace officer. 4 A person who violates this subsection commits a serious 5 misdemeanor. 6 Sec. 2. NEW SECTION . 152C.5C Announcements to the public. 7 1. For purposes of this section, “announcement to the 8 public” means the use of any print media, broadcast media, 9 subscription internet site, internet site available to the 10 public, or any other means to do any of the following: 11 a. Advertise or market massage therapy services. 12 b. Provide a site for clients to post reviews. 13 c. Offer a virtual marketplace at which goods or services 14 may be offered or clients may be solicited. 15 2. A person shall not do any of the following in an 16 announcement to the public: 17 a. Represent that another person is licensed under this 18 chapter when the person knows, or has reason to know, that the 19 other person is not licensed. 20 b. Falsely represent the person’s self as licensed under 21 this chapter. 22 c. Offer the services of massage therapy if paragraph “a” or 23 “b” of this subsection applies. 24 d. Offer, or imply the offer of, services that violate state 25 law. 26 3. A person who violates subsection 2 commits a serious 27 misdemeanor. 28 Sec. 3. NEW SECTION . 157.4A License and government-issued 29 identification —— peace officer request. 30 1. For purposes of this section, unless the context 31 otherwise requires: 32 a. “Government-issued identification” means any of the 33 following: 34 (1) An unexpired driver’s license issued by any state, 35 -2- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 2/ 8

territory, or district of the United States. 1 (2) An unexpired identification card issued by any state, 2 territory, or district of the United States. 3 (3) An unexpired United States passport. 4 (4) A naturalization certificate issued by the United 5 States citizenship and immigration services. 6 (5) An unexpired permanent resident card, also known as 7 a green card, issued by the United States citizenship and 8 immigration services. 9 (6) An unexpired employment authorization document issued 10 by the United States citizenship and immigration services. 11 b. “Peace officer” means any of the following: 12 (1) Sheriffs and their regular deputies who are subject to 13 mandated law enforcement training. 14 (2) Marshals and police officers of cities. 15 (3) Peace officer members of the department of public safety 16 as defined in chapter 80. 17 (4) Special security officers employed by board of regents 18 institutions as set forth in section 262.13. 19 (5) Such employees of the department of transportation as 20 are designated “peace officers” by resolution of the department 21 under section 321.477. 22 (6) Employees of an aviation authority designated as “peace 23 officers” by the authority under section 330A.8, subsection 16. 24 2. A person licensed or who purports to be licensed under 25 this chapter shall, upon the request of any peace officer 26 investigating a complaint of illegal services, present a copy 27 of the person’s valid license issued pursuant to this chapter 28 and a government-issued identification to the peace officer. 29 Sec. 4. NEW SECTION . 157.4B Announcements to the public. 30 1. For purposes of this section, “announcement to the 31 public” means the use of any print media, broadcast media, 32 subscription internet site, internet site available to the 33 public, or any other means to do any of the following: 34 a. Advertise or market cosmetology services. 35 -3- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 3/ 8

b. Provide a site for clients to post reviews. 1 c. Offer a virtual marketplace at which goods or services 2 may be offered or clients may be solicited. 3 2. A person shall not do any of the following in an 4 announcement to the public: 5 a. Represent that another person is licensed under this 6 chapter when the person knows, or has reason to know, that the 7 other person is not licensed. 8 b. Falsely represent the person’s self as licensed under 9 this chapter. 10 c. Offer, or imply the offer of, services that violate state 11 law. 12 3. A person who violates subsection 2 commits a serious 13 misdemeanor. 14 Sec. 5. Section 710A.1, subsection 3, Code 2021, is amended 15 to read as follows: 16 3. “Forced labor or services” means labor or services 17 that are performed or provided by another person and that are 18 obtained or maintained through any of the following: 19 a. Causing or threatening to cause serious physical injury 20 to any person. 21 b. Physically restraining or threatening to physically 22 restrain another person. 23 c. Abusing or threatening to abuse the law or legal process. 24 d. Knowingly destroying, concealing, removing, 25 confiscating, or possessing any actual or purported passport or 26 other immigration document, or any other actual or purported 27 government identification document, of another person. 28 e. Knowingly providing or facilitating the provision of 29 a forged, altered, or fraudulent license purportedly issued 30 pursuant to chapter 152C or 157, or a forged, altered, or 31 fraudulent government identification, to another person in 32 order to force, coerce, entice, assist, facilitate, or permit 33 the other person to perform labor or services. 34 f. Knowingly forcing, coercing, enticing, assisting, 35 -4- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 4/ 8

facilitating, or permitting another person in possession of 1 a forged, altered, or fraudulent license purportedly issued 2 pursuant to chapter 152C or 157, or a forged, altered, or 3 fraudulent government identification, to produce such license 4 or government identification to a peace officer upon request of 5 the peace officer pursuant to section 152C.5B or 157.4A. 6 g. Knowingly forcing, coercing, intimidating, or compelling 7 another person to perform an act in violation of state or 8 federal law through the use of debt bondage or servitude or as 9 a condition of being allowed to remain in the United States. 10 Sec. 6. Section 710A.2, subsection 6, Code 2021, is amended 11 to read as follows: 12 6. A person who knowingly engages in human trafficking 13 by knowingly destroying, concealing, removing, confiscating, 14 or possessing any actual or purported passport or other 15 immigration document, or any other actual or purported 16 government identification document of a victim another person 17 is guilty of a class “D” felony, except that if that other 18 person is under the age of eighteen, the person is guilty of a 19 class “C” felony. 20 Sec. 7. Section 710A.2, Code 2021, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 7A. A person who knowingly engages in 23 human trafficking by knowingly providing or facilitating 24 the provision of a forged, altered, or fraudulent license 25 purportedly issued pursuant to chapter 152C or 157, or a 26 forged, altered, or fraudulent government identification to 27 another person, to force, coerce, entice, assist, facilitate, 28 or permit the other person to perform labor or services is 29 guilty of an aggravated misdemeanor, except if that other 30 person is under the age of eighteen, the person is guilty of a 31 class “D” felony. 32 NEW SUBSECTION . 7B. A person who knowingly engages in 33 human trafficking by knowingly forcing, coercing, enticing, 34 assisting, facilitating, or permitting another person in 35 -5- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 5/ 8

possession of a forged, altered, or fraudulent license 1 purportedly issued pursuant to chapter 152C or 157, or a 2 forged, altered, or fraudulent government identification, to 3 produce such license or government identification upon request 4 of a peace officer pursuant to section 152C.5B or 157.4A, is 5 guilty of an aggravated misdemeanor, except if that other 6 person is under the age of eighteen, the person is guilty of a 7 class “D” felony. 8 NEW SUBSECTION . 9. A person who is found guilty, enters 9 a plea of guilty, receives a deferred judgment, or receives a 10 deferred or suspended sentence for a violation of this chapter 11 shall be ineligible for a license pursuant to chapter 152C or 12 157 for a period of not less than five years from the date of 13 conviction, plea, judgment, or sentence. 14 Sec. 8. NEW SECTION . 710A.2B Premises used for human 15 trafficking. 16 1. A person who owns, rents, leases, or uses any part of 17 a building, structure, boat, trailer, or other place offering 18 shelter or seclusion, and who knows, or has reason to know, 19 that the building, structure, boat, trailer, or other place 20 offering shelter or seclusion is being used for the purposes of 21 human trafficking, commits a class “D” felony. 22 2. It shall be an affirmative defense to a prosecution of a 23 person pursuant to subsection 1, if immediately upon acquiring 24 knowledge that the building, structure, boat, trailer, or other 25 place offering shelter or seclusion is used for the purposes of 26 human trafficking, the person notifies a law enforcement agency 27 with jurisdiction and fully cooperates with any subsequent 28 investigation. 29 3. a. If a law enforcement agency notifies a person who 30 owns, rents, leases, or uses any part of a building, structure, 31 boat, trailer, or other place offering shelter or seclusion 32 of an investigation pursuant to chapter 152C or 157 that may 33 involve the building, structure, boat, trailer, or other 34 place offering shelter or seclusion, the person shall have an 35 -6- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 6/ 8

affirmative duty to fully cooperate with the investigation. 1 b. A person who fails to fully cooperate with an 2 investigation pursuant to paragraph “a” commits a serious 3 misdemeanor. 4 Sec. 9. Section 710A.3, Code 2021, is amended by striking 5 the section and inserting in lieu thereof the following: 6 710A.3 Affirmative defense. 7 It shall be an affirmative defense, in addition to any other 8 affirmative defenses for which a defendant may be eligible, 9 to a prosecution for a criminal violation of section 152C.5B, 10 152C.5C, 157.4A, 157.4B, 710A.2, 710A.2A, or 710A.2B, that the 11 violation directly resulted from the defendant’s status as a 12 victim of any human trafficking crime under chapter 710A. 13 Sec. 10. Section 710A.4, Code 2021, is amended to read as 14 follows: 15 710A.4 Restitution —— restorative expenses . 16 1. For purposes of this section, “restorative expenses” 17 means the projected costs of education, vocational training, 18 medical health, mental health, transportation, housing, child 19 care, or other projected costs that will aid in a victim’s 20 recovery. 21 2. The gross income of the a defendant or the value of 22 labor or services performed by the a victim to of the defendant 23 shall be considered when determining the amount of restitution 24 pursuant to chapter 910 . For purposes of this section, 25 restitution may include restorative expenses for a period not 26 to exceed three years as approved and ordered by the court. 27 3. A defendant’s ability to pay shall not be a factor in the 28 court’s decision to order restorative expenses. 29 4. A defendant’s obligation to pay court-ordered 30 restorative expenses shall not be dischargeable in any 31 proceeding under the federal Bankruptcy Act of 1898, as 32 amended. 33 Sec. 11. NEW SECTION . 710A.7 Peace officer referral. 34 If during the course of an investigation or prosecution 35 -7- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 7/ 8

under this chapter a peace officer has reason to believe that 1 a person who purports to be licensed pursuant to chapter 152C 2 or 157 does not possess a valid license or is in violation of 3 any other state or federal laws, the peace officer may report 4 such noncompliance to the appropriate licensing board under the 5 professional licensure division within the department of public 6 health, and to the appropriate state or federal authorities. > 7 ______________________________ BRAD ZAUN -8- SF388.1814 (2) 89 (amending this SF 388 to CONFORM to HF 452) ko/rh 8/ 8