House
File
1036
-
Enrolled
House
File
1036
AN
ACT
RELATING
TO
HUMAN
TRAFFICKING,
INCLUDING
SCREENING
CHILDREN,
CIVIL
STATUTES
OF
LIMITATIONS,
AN
ANNUAL
STAKEHOLDER
MEETING
AND
REPORT,
DEPOSITIONS
OF
VICTIMS,
RESTITUTION,
RESTORATIVE
FACILITIES
AND
PROTECTIVE
SERVICES,
AND
INVESTIGATION
AND
PROSECUTION,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
80.45,
subsection
3,
Code
2025,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
i.
Hold
an
annual
meeting
of
stakeholders
to
develop
legislative
proposals
to
combat
human
trafficking,
and
submit
a
report,
by
December
15,
2025,
and
annually
thereafter
for
a
period
of
five
years
ending
with
the
submission
of
the
report
in
2030,
to
the
governor
and
general
assembly.
Participants
shall
include
the
following:
(1)
A
representative
of
the
department
of
public
safety.
(2)
A
representative
of
the
office
to
combat
human
trafficking.
(3)
A
representative
of
the
attorney
general’s
office.
(4)
A
representative
of
the
department
of
health
and
human
services.
(5)
A
representative
of
juvenile
court
services.
(6)
A
chief
of
police
or
head
law
enforcement
official
of
a
city
in
this
state.
(7)
A
county
sheriff.
House
File
1036,
p.
2
(8)
A
county
attorney
who
serves
on
a
child
protection
assistance
team
under
section
915.35,
subsection
4,
paragraph
“
a”
.
(9)
A
public
defender
or
criminal
law
attorney
with
experience
working
on
human
trafficking
cases.
(10)
A
member
of
the
public,
or
the
person’s
legal
representative,
who
is
a
former
human
trafficking
victim.
(11)
A
representative
from
the
Iowa
network
against
human
trafficking.
(12)
A
representative
from
a
nonprofit
organization
whose
primary
focus
is
services
for
human
trafficking
survivors.
(13)
A
representative
from
state
court
administration
with
expertise
in
child
welfare
law.
Sec.
2.
Section
232.2,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
7A.
“Commercial
sexual
exploitation”
refers
to
a
range
of
crimes
and
activities
involving
the
sexual
abuse
or
exploitation
of
a
child
for
the
financial
benefit
of
any
person
or
in
exchange
for
anything
of
value
including
monetary
and
nonmonetary
benefits
given
or
received
by
any
person.
Sec.
3.
Section
232.28,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
a.
The
court
or
its
designee
shall
refer
the
complaint
to
an
intake
officer
who
shall
consult
with
law
enforcement
authorities
having
knowledge
of
the
facts
and
conduct
a
preliminary
inquiry
to
determine
what
action
should
be
taken.
b.
The
court
or
its
designee
shall
order
every
complaint
to
be
reviewed
using
a
standardized
human
trafficking
indicator
list.
The
court
or
its
designee
may
order
the
child
subject
to
the
complaint
with
the
presence
of
an
indicator
to
be
screened
for
commercial
sexual
exploitation
using
a
standardized,
evidence-based,
trauma-informed
screening
tool.
Sec.
4.
Section
232.71B,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
If
the
department
determines
a
report
constitutes
a
child
abuse
allegation,
the
department
shall
promptly
have
the
child
subject
to
the
child
abuse
allegation
screened
for
commercial
sexual
exploitation
using
a
standardized,
evidence-based,
House
File
1036,
p.
3
trauma-informed
screening
tool,
and
shall
commence
either
a
child
abuse
assessment
within
twenty-four
hours
of
receiving
the
report
or
a
family
assessment
within
seventy-two
hours
of
receiving
the
report.
Sec.
5.
Section
614.8,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Except
as
provided
in
section
614.1,
subsection
9
,
or
section
614.8A,
the
times
limited
for
actions
in
this
chapter
,
or
chapter
216
,
659A
,
669
,
or
670
,
except
those
brought
for
penalties
and
forfeitures,
are
extended
in
favor
of
minors,
so
that
they
shall
have
one
year
five
years
from
and
after
attainment
of
majority
within
which
to
file
a
complaint
pursuant
to
chapter
216
,
to
make
a
claim
pursuant
to
chapter
669
,
or
to
otherwise
commence
an
action.
Sec.
6.
Section
614.8A,
Code
2025,
is
amended
to
read
as
follows:
614.8A
Damages
Commencement
of
action
for
child
or
minor
sexual
abuse
or
human
trafficking
——
time
limitation.
1.
Notwithstanding
section
614.8,
subsection
2,
and
the
times
limited
for
actions
in
this
chapter,
the
time
to
file
an
action
related
to
sexual
abuse
or
human
trafficking
that
occurred
when
the
injured
person
was
a
minor
is
extended
to
five
years
beyond
the
minor’s
attainment
of
eighteen
years
of
age.
2.
An
In
addition
to
the
extension
of
the
time
provided
in
subsection
1,
an
action
for
damages
for
injury
suffered
as
a
result
of
sexual
abuse
which
or
human
trafficking
that
occurred
when
the
injured
person
was
a
child,
but
not
discovered
until
after
the
injured
person
is
of
the
age
of
majority,
shall
be
brought
within
four
five
years
from
the
time
of
discovery
by
the
injured
party
of
both
the
injury
and
the
causal
relationship
between
the
injury
and
the
sexual
abuse
or
human
trafficking
.
Sec.
7.
Section
710A.1,
subsection
4,
paragraph
a,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
“Human
trafficking”
means
participating
in
a
venture
to
recruit,
harbor,
transport,
supply
provisions,
or
obtain
recruiting,
harboring,
transporting,
supplying
provisions
to,
House
File
1036,
p.
4
obtaining,
patronizing,
or
soliciting
a
person
for
any
of
the
following
purposes:
Sec.
8.
Section
725.1,
subsection
1,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
alleging
that
the
person
has
committed
a
delinquent
act,
to
refer
that
person
that
the
person
shall
not
be
arrested,
charged,
or
prosecuted
for
an
offense
under
this
section,
but
instead
may
be
taken
into
temporary
custody
under
section
232.78
or
232.79
or
shall
be
referred
to
the
department
of
health
and
human
services
for
the
possible
filing
of
a
petition
alleging
that
the
person
is
a
child
in
need
of
assistance.
Sec.
9.
Section
910.1,
subsections
1
and
2,
Code
2025,
are
amended
to
read
as
follows:
1.
“Category
“A”
restitution”
means
fines,
penalties,
the
payment
of
crime
victim
compensation
program
reimbursements,
and
surcharges.
2.
“Category
“B”
restitution”
means
the
contribution
of
funds
to
a
local
anticrime
organization
which
that
provided
assistance
to
law
enforcement
in
an
offender’s
case,
the
payment
of
crime
victim
compensation
program
reimbursements,
payment
of
restitution
to
public
agencies
pursuant
to
section
321J.2,
subsection
13
,
paragraph
“b”
,
court
costs,
court-appointed
attorney
fees
ordered
pursuant
to
section
815.9
,
including
the
expense
of
a
public
defender,
and
payment
to
the
medical
assistance
program
pursuant
to
chapter
249A
for
expenditures
paid
on
behalf
of
the
victim
resulting
from
the
offender’s
criminal
activities
including
investigative
costs
incurred
by
the
Medicaid
fraud
control
unit
pursuant
to
section
249A.50
.
Sec.
10.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
RESTORATION
FACILITIES.
The
department
of
health
and
human
services
shall
develop
a
plan
in
consultation
with
nonprofit
service
providers
who
provide
restoration
services
to
victims
of
human
trafficking
to
increase
the
availability
of
restoration
facilities
and
protective
services
available
to
juvenile
victims
of
human
trafficking,
including
juvenile
House
File
1036,
p.
5
victims
who
are
not,
at
the
time
of
victimization,
either
a
child
in
need
of
assistance
or
otherwise
involved
in
the
juvenile
court
system.
The
department
shall
consider
developing
a
network
with
other
states
to
provide
housing
outside
of
the
state
for
victims
at
risk
of
returning
to
the
person
involved
in
the
victim’s
trafficking.
The
department
of
health
and
human
services
shall
present
a
report
detailing
the
plan
to
the
governor
and
the
general
assembly
by
December
15,
2025.
Sec.
11.
EFFECTIVE
DATE.
The
following
takes
effect
July
1,
2026:
The
section
of
this
Act
amending
section
910.1.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
1036,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor