Senate File 238 - Enrolled Senate File 238 AN ACT RELATING TO THE CRIMINAL OFFENSE OF SEXUAL EXPLOITATION BY A SCHOOL EMPLOYEE, AND MAKING PENALTIES APPLICABLE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Section 709.15, subsection 1, paragraph f, Code 2017, 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, or statement of professional recognition issued under chapter 272. (b) A person who holds an authorization issued under chapter 272. (c) A person employed by a school district full-time, part-time, or as a substitute. (d) A person who performs services as a volunteer for a school district and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a” . (e) A person who provides services under a contract for such services to a school district and who has direct supervisory authority over the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a” .
Senate File 238, p. 2 (2) “School employee” does not include a student enrolled in the school district. Sec. 2. Section 709.15, subsection 3, Code 2017, 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 a school district attendance center if the student with whom the person engages in conduct prohibited under subsection 3, paragraph “a” , is not enrolled in the same school district attendance center that employs the person, the person does not have direct supervisory authority over the student, and the person does not meet the requirements of subsection 1, paragraph “f” , subparagraph (1), subparagraph division (a). ______________________________ JACK WHITVER President of the Senate ______________________________ LINDA UPMEYER Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 238, Eighty-seventh General Assembly. ______________________________ W. CHARLES SMITHSON Secretary of the Senate Approved _______________, 2017 ______________________________ TERRY E. BRANSTAD Governor