Senate File 2027 - Introduced
SENATE FILE
BY TINSMAN, BOETTGER,
BRUNKHORST, MULDER, HAHN,
KETTERING, MILLER, SEYMOUR,
ZIEMAN, IVERSON, LUNDBY,
PUTNEY, WARD, McKINLEY,
JOHNSON, and RAGAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to human trafficking and related offenses,
2 including the provision of law enforcement training and victim
3 assistance programs, and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5087SS 81
6 rh/gg/14
PAG LIN
1 1 Section 1. Section 80B.11, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 4A. Training standards on the subject of
1 4 human trafficking. The course of instruction and training
1 5 standards shall be developed by the director in consultation
1 6 with the appropriate national and state experts in the field
1 7 of human trafficking.
1 8 Sec. 2. NEW SECTION. 710A.1 DEFINITIONS.
1 9 As used in this chapter:
1 10 1. "Commercial sexual activity" means any sex act on
1 11 behalf of which anything of value is given, promised to, or
1 12 received by any person and includes, but is not limited to,
1 13 prostitution, participation in the production of pornography,
1 14 and performance in strip clubs.
1 15 2. "Forced labor or services" means labor or services that
1 16 are performed or provided by another person and that are
1 17 obtained or maintained through any of the following:
1 18 a. Causing or threatening to cause serious physical injury
1 19 to any person.
1 20 b. Physically restraining or threatening to physically
1 21 restrain another person.
1 22 c. Abusing or threatening to abuse the law or legal
1 23 process.
1 24 d. Knowingly destroying, concealing, removing,
1 25 confiscating, or possessing any actual or purported passport
1 26 or other immigration document, or any other actual or
1 27 purported government identification document, of another
1 28 person.
1 29 3. "Labor" means work of economic or financial value.
1 30 4. "Maintain" means, in relation to labor and services, to
1 31 secure continued performance thereof, regardless of any
1 32 initial agreement on the part of the victim to perform such
1 33 type of services.
1 34 5. "Minor" means a person under the age of eighteen years.
1 35 6. "Obtain" means, in relation to labor or services, to
2 1 secure performance thereof.
2 2 7. "Services" means an ongoing relationship between a
2 3 person and the actor in which the person performs activities
2 4 under the supervision of or for the benefit of the actor,
2 5 including commercial sexual activity and sexually explicit
2 6 performances.
2 7 8. "Sexually explicit performance" means a live or public
2 8 act or show intended to arouse or satisfy the sexual desires
2 9 or appeal to the prurient interest of patrons.
2 10 9. "Venture" means any group of two or more persons
2 11 associated in fact, whether or not a legal entity.
2 12 10. "Victim" means a person subjected to the practices set
2 13 forth in section 710A.2, 710A.3, or 710A.4.
2 14 Sec. 3. NEW SECTION. 710A.2 FORCED LABOR AND SERVICES.
2 15 1. A person who knowingly subjects, attempts to subject,
2 16 or engages in a conspiracy to subject another person to forced
2 17 labor or services by causing or threatening to cause serious
2 18 physical injury to that other person is guilty of a class "B"
2 19 felony, except that if that other person is a minor, a person
2 20 who violates this subsection is guilty of a class "A" felony.
2 21 2. A person who knowingly subjects, attempts to subject,
2 22 or engages in a conspiracy to subject another person to forced
2 23 labor or services by physically restraining or threatening to
2 24 physically restrain that other person is guilty of a class "C"
2 25 felony, except that if that other person is a minor, a person
2 26 who violates this subsection is guilty of a class "B" felony.
2 27 3. A person who knowingly subjects, attempts to subject,
2 28 or engages in a conspiracy to subject another person to forced
2 29 labor or services by abusing or threatening to abuse the law
2 30 or legal process is guilty of a class "D" felony, except that
2 31 if that other person is a minor, a person who violates this
2 32 subsection is guilty of a class "C" felony.
2 33 4. A person who knowingly subjects, attempts to subject,
2 34 or engages in a conspiracy to subject another person to forced
2 35 labor or services by knowingly destroying, concealing,
3 1 removing, confiscating, or possessing any actual or purported
3 2 passport or other immigration document, or any other actual or
3 3 purported government identification document, of that other
3 4 person is guilty of a class "D" felony, except that if that
3 5 other person is a minor, a person who violates this subsection
3 6 is guilty of a class "C" felony.
3 7 Sec. 4. NEW SECTION. 710A.3 HUMAN TRAFFICKING == FORCED
3 8 LABOR AND SERVICES.
3 9 1. A person shall not knowingly recruit, entice, harbor,
3 10 transport, provide, or obtain by any means, or attempt to
3 11 recruit, entice, harbor, transport, provide, or obtain by any
3 12 means, another person, with the intent that the other person
3 13 be subjected to forced labor or services.
3 14 2. A person shall not knowingly benefit, financially or by
3 15 receiving anything of value, from participation in a venture
3 16 that involves a violation of this section.
3 17 3. A person who violates this section is guilty of a class
3 18 "B" felony, except that if the other person is a minor, a
3 19 person who violates this section is guilty of a class "A"
3 20 felony.
3 21 Sec. 5. NEW SECTION. 710A.4 HUMAN TRAFFICKING == SEXUAL
3 22 EXPLOITATION OF A MINOR.
3 23 1. A person shall not knowingly recruit, entice, harbor,
3 24 transport, provide, or obtain by any means, or attempt to
3 25 recruit, entice, harbor, transport, provide, or obtain by any
3 26 means, a minor, with the intent that the minor be subjected to
3 27 sexual exploitation in violation of section 728.12.
3 28 2. A person shall not knowingly benefit, financially or by
3 29 receiving anything of value, from participation in a venture
3 30 that involves a violation of section 728.12.
3 31 3. A person who violates this section is guilty of a class
3 32 "A" felony.
3 33 Sec. 6. NEW SECTION. 710A.5 SENTENCING ENHANCEMENTS.
3 34 1. If a violation of section 710A.2 or 710A.3 results in
3 35 the death of the person or if the person is kidnapped in
4 1 violation of section 710.2 or 710.3, the defendant is guilty
4 2 of a class "A" felony.
4 3 2. In sentencing a person for a violation of section
4 4 710A.2, 710A.3, or 710A.4, the court shall sentence the
4 5 defendant to an additional term of confinement of ten years in
4 6 cases in which the victim was maintained or held for a period
4 7 greater than one hundred eighty days or if the offense
4 8 involved more than ten victims.
4 9 Sec. 7. NEW SECTION. 710A.6 AFFIRMATIVE DEFENSE.
4 10 It shall be an affirmative defense to a prosecution for any
4 11 criminal violation that, during the time of the alleged
4 12 commission of the offense, the defendant was a victim of a
4 13 crime that is an offense in violation of section 710A.2,
4 14 710A.3, or 710A.4.
4 15 Sec. 8. NEW SECTION. 710A.7 PRIVATE RIGHT OF ACTION.
4 16 A person who is a victim of a crime that is an offense in
4 17 violation of section 710A.2, 710A.3, or 710A.4 has a right of
4 18 action against the perpetrator in state court. The court may
4 19 award actual and punitive damages, reasonable attorney fees,
4 20 and any other costs reasonably incurred. Any civil action
4 21 filed under this section shall be stayed during the pendency
4 22 of any criminal action arising out of the same occurrence in
4 23 which the plaintiff is a victim.
4 24 Sec. 9. NEW SECTION. 710A.8 CORPORATE LIABILITY.
4 25 If a corporation is convicted of an offense pursuant to
4 26 section 710A.2, 710A.3, or 710A.4, in addition to any other
4 27 penalties provided in this chapter, the court shall, where
4 28 appropriate, do any of the following:
4 29 1. Order the corporation's dissolution or reorganization.
4 30 2. Order the suspension or revocation of any license,
4 31 permit, or prior approval granted by a state agency.
4 32 3. Order the surrender of the corporation's organizational
4 33 authority if organized under state law or revocation of the
4 34 corporation's authority to conduct business in this state.
4 35 Sec. 10. NEW SECTION. 710A.9 FORFEITURE.
5 1 A person who commits an offense under this chapter shall
5 2 forfeit to the state any profits or proceeds and any interest
5 3 or property the person acquired or maintained in relation to a
5 4 violation of section 710A.2, 710A.3, or 710A.4, in accordance
5 5 with the provisions of chapters 809 and 809A.
5 6 Sec. 11. NEW SECTION. 710A.10 RESTITUTION AND ADDITIONAL
5 7 FINE.
5 8 In addition to any fine or penalty imposed under this
5 9 chapter, the court shall order a defendant convicted of a
5 10 violation of this chapter to make restitution for damages
5 11 resulting directly from the violation, to the victim, pursuant
5 12 to chapter 910, and shall include an additional fine of the
5 13 greater of either the gross income or value of the victim's
5 14 labor or services or the value of the victim's wages of not
5 15 less than the applicable federal minimum wage under the
5 16 federal Fair Labor Standards Act.
5 17 Sec. 12. NEW SECTION. 710A.11 CERTIFICATION.
5 18 The attorney general shall certify in writing to the United
5 19 States department of justice or other federal agency that an
5 20 investigation or prosecution under this chapter has begun and
5 21 that the person who is a likely victim of a crime described in
5 22 section 710A.2 or 710A.3 is willing to cooperate or is
5 23 cooperating with the investigation to enable the person, if
5 24 eligible under federal law, to qualify for an appropriate
5 25 special immigrant visa and to access available federal
5 26 benefits. Cooperation with law enforcement shall not be
5 27 required of a minor victim of a crime described in section
5 28 710A.2, 710A.3, or 710A.4. This certification shall be made
5 29 available to the victim and the victim's designated legal
5 30 representative.
5 31 Sec. 13. NEW SECTION. 915.51 GENERAL RIGHTS OF HUMAN
5 32 TRAFFICKING VICTIMS.
5 33 1. In addition to other victim rights provided in this
5 34 chapter, including the right to receive victim compensation
5 35 pursuant to section 915.84, victims of a crime described in
6 1 section 710A.2, 710A.3, or 710A.4 shall have the following
6 2 rights without regard to their immigration status:
6 3 a. The right to receive prompt medical care including
6 4 mental health care, food, shelter, and other assistance, if
6 5 necessary.
6 6 b. The right to have access to legal assistance and
6 7 translation services, if necessary.
6 8 c. The right to receive reasonable police protection if a
6 9 victim's safety is at risk or if there is any danger of
6 10 additional harm, including measures to protect victims and
6 11 their family members from intimidation and threats of
6 12 reprisals from traffickers and their associates and ensuring
6 13 that the names and identifying information of victims and
6 14 their family members are not disclosed to the public.
6 15 2. The departments of human services, human rights,
6 16 health, public safety, justice, and other public state
6 17 agencies shall provide the requisite services to assist in the
6 18 administration of this section.
6 19 EXPLANATION
6 20 This bill relates to human trafficking and related
6 21 offenses, including the provision of law enforcement training
6 22 and victim assistance programs, and provides penalties.
6 23 The bill provides that a person who knowingly subjects,
6 24 attempts to subject, or engages in a conspiracy to subject
6 25 another person to forced labor or services by causing or
6 26 threatening to cause serious physical injury to that person,
6 27 by physically restraining or threatening to physically
6 28 restrain another person, by abusing or threatening to abuse
6 29 the law or legal process, or by destroying, concealing,
6 30 removing, confiscating, or possessing any actual or purported
6 31 passport or other immigration document, or any other actual or
6 32 purported government identification document, of another
6 33 person is guilty of the crime of forced labor and services and
6 34 is subject to a class "B" felony, a class "C" felony, or a
6 35 class "D" felony, depending upon the circumstances of the
7 1 offense. A class "B" felony is punishable by confinement for
7 2 no more than 25 years, a class "C" felony is punishable by
7 3 confinement for no more than 10 years and a fine of at least
7 4 $1,000 but not more than $10,000, and a class "D" felony is
7 5 punishable by confinement for no more than five years and a
7 6 fine of at least $750 but not more than $7,500. The bill
7 7 provides sentencing enhancements for a crime involving a minor
7 8 victim, depending on the circumstances of the offense, ranging
7 9 from a class "A" felony, punishable by confinement for life
7 10 without the possibility of parole, to a class "C" felony.
7 11 The bill provides that a person who knowingly recruits,
7 12 entices, harbors, transports, provides, or obtains by any
7 13 means, or attempts to recruit, entice, harbor, transport,
7 14 provide, or obtain by any means, another person, with the
7 15 intent that the person be subjected to forced labor or
7 16 services, or a person who knowingly benefits, financially or
7 17 by receiving anything of value, from participation in a
7 18 venture that involves forced labor or services, is guilty of a
7 19 class "B" felony, except if the person being trafficked is a
7 20 minor, a person who commits either act is guilty of a class
7 21 "A" felony.
7 22 The bill further provides that a person who knowingly
7 23 recruits, entices, harbors, transports, provides, or obtains
7 24 by any means, or attempts to recruit, entice, harbor,
7 25 transport, provide, or obtain by any means, a minor, with the
7 26 intent that the minor be subjected to sexual exploitation in
7 27 violation of Code section 728.12, Iowa's sexual exploitation
7 28 of a minor statute, or a person who knowingly benefits,
7 29 financially or by receiving anything of value, from
7 30 participation in a venture that involves a violation of Code
7 31 section 728.12, is guilty of a class "A" felony.
7 32 The bill provides sentencing enhancements for the crimes of
7 33 forced labor and services and human trafficking in forced
7 34 labor and services. The bill provides that if a violation of
7 35 any such offenses results in the death of the person or if the
8 1 person is kidnapped, the defendant is guilty of a class "A"
8 2 felony.
8 3 The bill provides that a victim under the bill shall be
8 4 entitled to an affirmative defense to any prosecution for a
8 5 crime that occurred while a victim of the crime of forced
8 6 labor and services, human trafficking in forced labor and
8 7 services, or human trafficking in the sexual exploitation of a
8 8 minor. The bill provides that a person who is a victim of
8 9 such crimes has a private right of action against the
8 10 perpetrator of such crimes.
8 11 The bill provides that if a corporation is convicted of the
8 12 crimes of forced labor and services, human trafficking in
8 13 forced labor and services, or human trafficking in the sexual
8 14 exploitation of a minor, the court shall order the
8 15 corporation's dissolution or reorganization, order the
8 16 suspension or revocation of any license, permit, or prior
8 17 approval granted by a state agency in Iowa, or order the
8 18 surrender of the corporation's charter if organized under
8 19 state law or revocation of the corporation's certificate to
8 20 conduct business in the state.
8 21 The bill provides that a person who commits an offense
8 22 under this chapter shall forfeit to the state any profits or
8 23 proceeds and any interest or property the person acquired as a
8 24 result of maintaining a person in forced labor or
8 25 participating in trafficking a person for forced labor or
8 26 services or trafficking a minor for sexual exploitation, in
8 27 accordance with the provisions of the state's seizure and
8 28 forfeiture laws.
8 29 The bill provides that a victim under this bill shall
8 30 receive restitution for damages resulting directly from the
8 31 violation pursuant to Code chapter 910, which shall include a
8 32 fine of the greater of either the gross income or value of the
8 33 victim's labor or services or the value of the victim's labor
8 34 as guaranteed under the provisions of the federal Fair Labor
8 35 Standards Act.
9 1 The bill provides that the attorney general shall certify
9 2 in writing to the United States department of justice or other
9 3 federal agency that an investigation or prosecution under this
9 4 Code chapter has begun and that the person who is a likely
9 5 victim of a crime in the bill is willing to cooperate or is
9 6 cooperating with the investigation to enable the person, if
9 7 eligible under federal law, to qualify for an appropriate
9 8 special immigrant visa and to access available federal
9 9 benefits.
9 10 The bill provides that in addition to other victim rights
9 11 provided in Code chapter 915, including the right to receive
9 12 victim compensation, victims shall have the right to receive
9 13 prompt medical care including mental health care, food,
9 14 shelter, and other assistance, the right to have access to
9 15 legal assistance and translation services, and the right to
9 16 receive reasonable police protection if a victim's safety is
9 17 at risk or if there is any danger of additional harm, without
9 18 regard to their immigration status.
9 19 The bill provides that the director of the law enforcement
9 20 academy shall promulgate rules for law enforcement officers
9 21 related to training standards on the subject of human
9 22 trafficking. The course of instruction and training standards
9 23 shall be developed in consultation with the appropriate
9 24 national and state experts in the field of human trafficking.
9 25 LSB 5087SS 81
9 26 rh:rj/gg/14