Senate File 2219 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 2027)
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 5087SV 81
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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 participates in a venture to
2 16 subject or attempt to subject another person to forced labor
2 17 or services by causing or threatening to cause serious
2 18 physical injury to that other person is guilty of a class "C"
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 "B" felony.
2 21 2. A person who knowingly participates in a venture to
2 22 subject or attempt to subject another person to forced labor
2 23 or services by physically restraining or threatening to
2 24 physically restrain that other person is guilty of a class "D"
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 "C" 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 knowingly soliciting services or
2 30 benefiting from the services of that other person is guilty of
2 31 a class "D" felony, except if that other person is a minor, a
2 32 person who violates this subsection is guilty of a class "C"
2 33 felony.
2 34 4. A person who knowingly participates in a venture to
2 35 subject or attempt to subject another person to forced labor
3 1 or services by abusing or threatening to abuse the law or
3 2 legal process is guilty of a class "D" felony, except that if
3 3 that other person is a minor, a person who violates this
3 4 subsection is guilty of a class "C" felony.
3 5 5. A person who knowingly participates in a venture to
3 6 subject or attempt to subject another person to forced labor
3 7 or services by knowingly destroying, concealing, removing,
3 8 confiscating, or possessing any actual or purported passport
3 9 or other immigration document, or any other actual or
3 10 purported government identification document, of that other
3 11 person is guilty of a class "D" felony, except that if that
3 12 other person is a minor, a person who violates this subsection
3 13 is guilty of a class "C" felony.
3 14 Sec. 4. NEW SECTION. 710A.3 HUMAN TRAFFICKING == FORCED
3 15 LABOR AND SERVICES.
3 16 1. A person shall not knowingly participate in a venture
3 17 to recruit, entice, harbor, transport, provide, or obtain by
3 18 any means, or attempt to recruit, entice, harbor, transport,
3 19 provide, or obtain by any means, another person, with the
3 20 intent that the other person be subjected to forced labor or
3 21 services.
3 22 2. A person shall not benefit, financially or by receiving
3 23 anything of value, from knowing participation in a venture
3 24 that involves a violation of this section.
3 25 3. A person who violates this section is guilty of a class
3 26 "C" felony, except that if the other person is a minor, a
3 27 person who violates this section is guilty of a class "B"
3 28 felony.
3 29 Sec. 5. NEW SECTION. 710A.4 HUMAN TRAFFICKING == SEXUAL
3 30 EXPLOITATION OF A MINOR.
3 31 1. A person shall not knowingly participate in a venture
3 32 to recruit, entice, harbor, transport, provide, or obtain by
3 33 any means, or attempt to recruit, entice, harbor, transport,
3 34 provide, or obtain by any means, a minor, with the intent that
3 35 the minor be subjected to sexual exploitation in violation of
4 1 section 728.12.
4 2 2. A person shall not benefit, financially or by receiving
4 3 anything of value, from knowing participation in a venture
4 4 that involves a violation of section 728.12.
4 5 3. A person who violates this section is guilty of a class
4 6 "B" felony.
4 7 Sec. 6. NEW SECTION. 710A.5 SENTENCING ENHANCEMENTS.
4 8 1. If a violation of section 710A.2, 710A.3, or 710A.4
4 9 results in the death of the person or if the person is
4 10 kidnapped in violation of section 710.2 or 710.3, the
4 11 defendant is guilty of a class "A" felony.
4 12 2. In sentencing a person for a violation of section
4 13 710A.2, 710A.3, or 710A.4, the court shall sentence the
4 14 defendant to an additional term of confinement of ten years in
4 15 cases in which the victim was maintained or held for a period
4 16 greater than one hundred eighty days or if the offense
4 17 involved more than ten victims.
4 18 Sec. 7. NEW SECTION. 710A.6 AFFIRMATIVE DEFENSE.
4 19 It shall be an affirmative defense to a prosecution for a
4 20 criminal violation directly related to the defendant's status
4 21 as a victim of a crime that is a violation of section 710A.2,
4 22 710A.3, or 710A.4, that the defendant committed the violation
4 23 under compulsion by another's threat of serious injury,
4 24 provided that the defendant reasonably believed that such
4 25 injury was imminent.
4 26 Sec. 8. NEW SECTION. 710A.7 PRIVATE RIGHT OF ACTION.
4 27 A person who is a victim of a crime that is an offense in
4 28 violation of section 710A.2, 710A.3, or 710A.4 has a right of
4 29 action against the perpetrator in state court. The court may
4 30 award actual and punitive damages, reasonable attorney fees,
4 31 and any other costs reasonably incurred. Any civil action
4 32 filed under this section may be stayed during the pendency of
4 33 any criminal action arising out of the same occurrence in
4 34 which the plaintiff is a victim.
4 35 Sec. 9. NEW SECTION. 710A.8 CORPORATE LIABILITY.
5 1 If a corporation is convicted of an offense pursuant to
5 2 section 710A.2, 710A.3, or 710A.4, in addition to any other
5 3 penalties provided in this chapter, the court shall, where
5 4 appropriate, do any of the following:
5 5 1. Order the corporation's dissolution or reorganization.
5 6 2. Order the suspension or revocation of any license,
5 7 permit, or prior approval granted by a state agency.
5 8 3. Order the surrender of the corporation's organizational
5 9 authority if organized under state law or revocation of the
5 10 corporation's authority to conduct business in this state.
5 11 Sec. 10. NEW SECTION. 710A.9 FORFEITURE.
5 12 The state shall seize any profits, proceeds, interest, or
5 13 property a person acquired or maintained in relation to a
5 14 violation of section 710A.2, 710A.3, or 710A.4. Upon payment
5 15 of all restitution pursuant to section 710A.10, such seized
5 16 property shall be forfeited in accordance with the provisions
5 17 of chapters 809 and 809A.
5 18 Sec. 11. NEW SECTION. 710A.10 RESTITUTION AND ADDITIONAL
5 19 FINE.
5 20 In addition to any fine or penalty imposed under this
5 21 chapter, the court shall order a defendant convicted of a
5 22 violation of this chapter to make restitution for damages
5 23 resulting directly from the violation, to the victim, pursuant
5 24 to chapter 910, and shall include an additional fine of the
5 25 greater of either the gross income or value of the victim's
5 26 labor or services or the value of the victim's wages of not
5 27 less than the applicable federal minimum wage under the
5 28 federal Fair Labor Standards Act.
5 29 Sec. 12. NEW SECTION. 710A.11 CERTIFICATION.
5 30 A law enforcement agency investigating a crime described in
5 31 section 710A.2 or 710A.3 shall notify the attorney general in
5 32 writing about the investigation. Upon request of the attorney
5 33 general, such law enforcement agency shall provide copies of
5 34 any investigative reports describing the immigration status
5 35 and cooperation of the victim. The attorney general shall
6 1 certify in writing to the United States department of justice
6 2 or other federal agency that an investigation or prosecution
6 3 under this chapter has begun and that the person who is a
6 4 likely victim of a crime described in section 710A.2 or 710A.3
6 5 is willing to cooperate or is cooperating with the
6 6 investigation to enable the person, if eligible under federal
6 7 law, to qualify for an appropriate special immigrant visa and
6 8 to access available federal benefits. Cooperation with law
6 9 enforcement shall not be required of a minor victim of a crime
6 10 described in section 710A.2, 710A.3, or 710A.4. This
6 11 certification shall be made available to the victim and the
6 12 victim's designated legal representative.
6 13 Sec. 13. NEW SECTION. 915.51 GENERAL RIGHTS OF HUMAN
6 14 TRAFFICKING VICTIMS.
6 15 In addition to other victim rights provided in this
6 16 chapter, including the right to receive victim compensation
6 17 pursuant to section 915.84, victims of a crime described in
6 18 section 710A.3 or 710A.4 shall have the following rights
6 19 directly related to the crimes described in sections 710A.2,
6 20 710A.3, and 710A.4 without regard to their immigration status:
6 21 1. The right to receive prompt medical care including
6 22 mental health care, food, shelter, and other assistance, if
6 23 necessary.
6 24 2. The right to have access to legal assistance and
6 25 translation services, if necessary.
6 26 3. The right to receive reasonable police protection if a
6 27 victim's safety is at risk or if there is any danger of
6 28 additional harm, including measures to protect victims and
6 29 their family members from intimidation and threats of
6 30 reprisals from traffickers and their associates and ensuring
6 31 that the names and identifying information of victims and
6 32 their family members are not disclosed to the public.
6 33 Sec. 14. Section 915.94, Code 2005, is amended to read as
6 34 follows:
6 35 915.94 VICTIM COMPENSATION FUND.
7 1 A victim compensation fund is established as a separate
7 2 fund in the state treasury. Moneys deposited in the fund
7 3 shall be administered by the department and dedicated to and
7 4 used for the purposes of section 915.41 and this subchapter.
7 5 In addition, the department may use moneys from the fund for
7 6 the purpose of the department's prosecutor=based victim
7 7 service coordination, including the duties defined in sections
7 8 910.3 and 910.6 and this chapter, and for the award of funds
7 9 to programs that provide services and support to victims of
7 10 domestic abuse or sexual assault as provided in chapter 236,
7 11 and to victims of section 710A.2, 710A.3, or 710A.4. The
7 12 department may also use up to one hundred thousand dollars
7 13 from the fund to provide training for victim service
7 14 providers. Notwithstanding section 8.33, any balance in the
7 15 fund on June 30 of any fiscal year shall not revert to the
7 16 general fund of the state.
7 17 EXPLANATION
7 18 This bill relates to human trafficking and related
7 19 offenses, including the provision of law enforcement training
7 20 and victim assistance programs, and provides penalties.
7 21 The bill provides that a person who knowingly participates
7 22 in a venture to subject, or attempt to subject another person
7 23 to forced labor or services by causing or threatening to cause
7 24 serious physical injury to that person, by physically
7 25 restraining or threatening to physically restrain another
7 26 person, by abusing or threatening to abuse the law or legal
7 27 process, or by destroying, concealing, removing, confiscating,
7 28 or possessing any actual or purported passport or other
7 29 immigration document, or any other actual or purported
7 30 government identification document, of another person is
7 31 guilty of the crime of forced labor and services and is
7 32 subject to a class "B" felony, a class "C" felony, or a class
7 33 "D" felony, depending upon the circumstances of the offense.
7 34 The bill also provides that a person who knowingly subjects,
7 35 attempts to subject, or engages in a conspiracy to subject
8 1 another person to forced labor or services by knowingly
8 2 soliciting services or benefiting from the services of that
8 3 other person is guilty of a class "D" felony, except if the
8 4 person is a minor, the person is guilty of a class "C" felony.
8 5 A class "B" felony is punishable by confinement for no more
8 6 than 25 years, a class "C" felony is punishable by confinement
8 7 for no more than 10 years and a fine of at least $1,000 but
8 8 not more than $10,000, and a class "D" felony is punishable by
8 9 confinement for no more than five years and a fine of at least
8 10 $750 but not more than $7,500. The bill provides sentencing
8 11 enhancements for a crime involving a minor victim, depending
8 12 on the circumstances of the offense, ranging from a class "B"
8 13 felony to a class "C" felony.
8 14 The bill provides that a person who knowingly participates
8 15 in a venture to recruit, entice, harbor, transport, provide,
8 16 or obtain by any means, or to attempt to recruit, entice,
8 17 harbor, transport, provide, or obtain by any means, another
8 18 person, with the intent that the person be subjected to forced
8 19 labor or services, or a person who benefits, financially or by
8 20 receiving anything of value, from knowing participation in a
8 21 venture that involves forced labor or services, is guilty of a
8 22 class "C" felony, except if the person being trafficked is a
8 23 minor, a person who commits either act is guilty of a class
8 24 "B" felony.
8 25 The bill further provides that a person who knowingly
8 26 participates in a venture to recruit, entice, harbor,
8 27 transport, provide, or obtain by any means, or to attempt to
8 28 recruit, entice, harbor, transport, provide, or obtain by any
8 29 means, a minor, with the intent that the minor be subjected to
8 30 sexual exploitation in violation of Code section 728.12,
8 31 Iowa's sexual exploitation of a minor statute, or a person who
8 32 benefits, financially or by receiving anything of value, from
8 33 knowing participation in a venture that involves a violation
8 34 of Code section 728.12, is guilty of a class "B" felony.
8 35 The bill provides sentencing enhancements for the crimes of
9 1 forced labor and services and human trafficking in forced
9 2 labor and services. The bill provides that if a violation of
9 3 any such offenses results in the death of the person or if the
9 4 person is kidnapped, the defendant is guilty of a class "A"
9 5 felony. An additional 10=year term of confinement is provided
9 6 for offenses involving many victims or long=term holding of
9 7 victims.
9 8 The bill provides that a victim under the bill shall be
9 9 entitled to an affirmative defense to a prosecution for a
9 10 criminal violation directly related to the defendant's status
9 11 as a victim of the crime of forced labor and services, human
9 12 trafficking in forced labor and services, or human trafficking
9 13 in the sexual exploitation of a minor if the defendant
9 14 committed the crime under compulsion by another's threat of
9 15 serious injury, provided the defendant believed such injury
9 16 was imminent. The bill provides that a person who is a victim
9 17 of such crimes has a private right of action against the
9 18 perpetrator of such crimes.
9 19 The bill provides that if a corporation is convicted of the
9 20 crimes of forced labor and services, human trafficking in
9 21 forced labor and services, or human trafficking in the sexual
9 22 exploitation of a minor, the court shall order the
9 23 corporation's dissolution or reorganization, order the
9 24 suspension or revocation of any license, permit, or prior
9 25 approval granted by a state agency in Iowa, or order the
9 26 surrender of the corporation's charter if organized under
9 27 state law or revocation of the corporation's certificate to
9 28 conduct business in the state.
9 29 The bill provides that the state shall seize any profits,
9 30 proceeds, interest, or property a person acquired or
9 31 maintained in relation to a violation of new Code section
9 32 710A.2, 710A.3, or 710A.4. Upon payment of all restitution
9 33 pursuant to new Code section 710A.10, such seized property
9 34 shall be forfeited in accordance with the provisions of Code
9 35 chapters 809 and 809A.
10 1 The bill provides that a victim under this bill shall
10 2 receive restitution for damages resulting directly from the
10 3 violation pursuant to Code chapter 910, which shall include a
10 4 fine of the greater of either the gross income or value of the
10 5 victim's labor or services or the value of the victim's labor
10 6 as guaranteed under the provisions of the federal Fair Labor
10 7 Standards Act.
10 8 The bill provides that a law enforcement agency
10 9 investigating a crime involving human trafficking under the
10 10 bill shall notify the attorney general about the investigation
10 11 and shall provide copies of any investigative reports, if
10 12 requested. The bill also provides that the attorney general
10 13 shall certify in writing to the United States department of
10 14 justice or other federal agency that an investigation or
10 15 prosecution under this Code chapter has begun and that the
10 16 person who is a likely victim of a crime in the bill is
10 17 willing to cooperate or is cooperating with the investigation
10 18 to enable the person, if eligible under federal law, to
10 19 qualify for an appropriate special immigrant visa and to
10 20 access available federal benefits.
10 21 The bill provides that in addition to other victim rights
10 22 provided in Code chapter 915, including the right to receive
10 23 victim compensation, human trafficking victims shall have the
10 24 right to receive prompt medical care including mental health
10 25 care, food, shelter, and other assistance, the right to have
10 26 access to legal assistance and translation services, and the
10 27 right to receive reasonable police protection if a victim's
10 28 safety is at risk or if there is any danger of additional
10 29 harm, without regard to their immigration status.
10 30 The bill provides that the director of the law enforcement
10 31 academy shall promulgate rules for law enforcement officers
10 32 related to training standards on the subject of human
10 33 trafficking. The course of instruction and training standards
10 34 shall be developed in consultation with the appropriate
10 35 national and state experts in the field of human trafficking.
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