Senate File 2165
SENATE FILE
BY HATCH, BEALL, STEWART, DVORSKY,
CONNOLLY, GRONSTAL, KIBBIE,
BLACK, HOLVECK, RAGAN, DOTZLER,
SENG, BOLKCOM, McCOY, QUIRMBACH,
HORN, FRAISE, DEARDEN, WARNSTADT,
and KREIMAN
(COMPANION TO LSB 5784HH
BY FALLON)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to human trafficking, and providing a penalty.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5784SS 80
4 jm/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 321.464A HUMAN TRAFFICKING BY
1 2 USE OF A TRAILER OR SEMITRAILER.
1 3 1. A person shall not operate a motor vehicle when another
1 4 person occupies a trailer or semitrailer being drawn by the
1 5 motor vehicle or motor truck.
1 6 2. The following are not violations when operating a motor
1 7 vehicle or motor truck drawing an occupied trailer or
1 8 semitrailer:
1 9 a. A motor vehicle or motor truck drawing an occupied
1 10 trailer or semitrailer in a parade.
1 11 b. A motor vehicle or motor truck drawing an occupied
1 12 trailer or semitrailer in an emergency.
1 13 c. A motor vehicle or motor truck drawing an occupied
1 14 trailer or semitrailer transporting a migrant or other farm
1 15 worker from one field where a crop is produced to another
1 16 field where a crop is produced.
1 17 d. A motor vehicle or motor truck drawing an occupied
1 18 trailer or semitrailer during a hayride.
1 19 e. A motor vehicle or motor truck drawing an occupied
1 20 trailer or semitrailer where the operator has no knowledge the
1 21 trailer or semitrailer is occupied.
1 22 f. A motor vehicle or motor truck drawing an occupied
1 23 trailer or semitrailer designed to carry persons.
1 24 3. A violation of this section is a serious misdemeanor.
1 25 Sec. 2. NEW SECTION. 729.7 HUMAN TRAFFICKING == FORCED
1 26 LABOR OR PROSTITUTION.
1 27 1. A person shall not knowingly traffic another person
1 28 with the intent that the person being trafficked is to be used
1 29 in forced labor or prostitution.
1 30 2. As used in this section:
1 31 a. "Forced labor" means labor obtained from a trafficked
1 32 person by threatening to cause bodily injury, by restricting
1 33 movements so as to substantially interfere with a trafficked
1 34 person's liberty, or by withholding government records,
1 35 identifying information, or personal property.
2 1 b. "Traffic" means to transport a trafficked person or to
2 2 entice, recruit, harbor, provide, or otherwise acquire a
2 3 trafficked person for transport by deception, coercion, or
2 4 force.
2 5 c. "Trafficked person" means a person transported to
2 6 perform forced labor or prostitution.
2 7 3. If a trafficked person is fourteen years of age or
2 8 younger or a violation of this section results in the death of
2 9 a trafficked person, a person who violates this section
2 10 commits a class "C" felony. A person commits a class "D"
2 11 felony for any other violation of this section.
2 12 EXPLANATION
2 13 This bill relates to human trafficking.
2 14 The bill provides that a person commits a serious
2 15 misdemeanor if the person operates a motor vehicle when
2 16 another person occupies a trailer or semitrailer being drawn
2 17 by the motor vehicle or motor truck. A person does not commit
2 18 a violation of the bill if the person operating the motor
2 19 vehicle or motor truck is drawing an occupied trailer or
2 20 semitrailer in a parade, or in an emergency situation, or is
2 21 transporting a migrant or other farm worker from one field to
2 22 another. A person also does not commit a violation of the
2 23 bill if the occupied trailer or semitrailer is being used in a
2 24 hayride, the trailer or semitrailer is designed to carry
2 25 persons, or the operator of the motor vehicle or motor truck
2 26 has no knowledge the trailer or semitrailer is occupied.
2 27 The bill also provides that a person shall not knowingly
2 28 traffic another person with the intent the person being
2 29 trafficked is to be used in forced labor or prostitution. The
2 30 bill defines "forced labor" to mean labor obtained from a
2 31 person by threatening to cause bodily injury, by restricting
2 32 movements so as to substantially interfere with a trafficked
2 33 person's liberty, or by withholding government records,
2 34 identifying information, or personal property. The bill
2 35 defines "traffic" to mean transporting a person or to entice,
3 1 recruit, harbor, provide, or otherwise acquire a person for
3 2 transport by deception, coercion, or force. Under the bill,
3 3 if a person being trafficked is 14 years of age or younger or
3 4 a violation results in the death of a person being trafficked,
3 5 a person commits a class "C" felony. A person commits a class
3 6 "D" felony for any other trafficking violation involving
3 7 forced labor or prostitution.
3 8 LSB 5784SS 80
3 9 jm/gg/14