Senate File 2311 - Introduced SENATE FILE 2311 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3169) A BILL FOR An Act relating to the criminal offenses of enticing a minor, 1 prostitution, sexual exploitation of a minor, and human 2 trafficking, providing for a fee, and including effective 3 date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6105SV (2) 85 rh/rj
S.F. 2311 Section 1. Section 80B.10, Code 2014, is amended to read as 1 follows: 2 80B.10 Annual report. 3 The council shall make an annual report to the governor, 4 the attorney general, and the commissioner of public safety 5 which shall include pertinent data regarding the standards 6 established and the degree of participation of agencies in 7 the training program. The report required by this section 8 shall specifically include data regarding law enforcement 9 resources devoted to training, staffing, and investigating 10 human trafficking cases. 11 Sec. 2. Section 602.8102, subsection 135A, Code 2014, is 12 amended to read as follows: 13 135A. Assess the surcharges provided by sections 911.1 , 14 911.2 , 911.2A, 911.3 , and 911.4 . 15 Sec. 3. Section 602.8108, subsection 2, Code 2014, is 16 amended to read as follows: 17 2. Except as otherwise provided, the clerk of the district 18 court shall report and submit to the state court administrator, 19 not later than the fifteenth day of each month, the fines and 20 fees received during the preceding calendar month. Except 21 as provided in subsections 3, 4, 5, 5A, 7, 8, 9, and 10 , the 22 state court administrator shall deposit the amounts received 23 with the treasurer of state for deposit in the general fund of 24 the state. The state court administrator shall report to the 25 legislative services agency within thirty days of the beginning 26 of each fiscal quarter the amount received during the previous 27 quarter in the account established under this section . 28 Sec. 4. Section 602.8108, Code 2014, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 5A. The clerk of the district court shall 31 remit all moneys collected from the assessment of the human 32 trafficking victim surcharge provided in section 911.2A to the 33 state court administrator no later than the fifteenth day of 34 each month for deposit in the human trafficking victim fund 35 -1- LSB 6105SV (2) 85 rh/rj 1/ 6
S.F. 2311 created in section 915.95. 1 Sec. 5. Section 710.10, Code 2014, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 7. For purposes of this section, methods 4 of enticement include but are not limited to personal contact 5 and communication by any means including through the mail, 6 telephone, internet, or any social media, and include text 7 messages, instant messages, and electronic mail. 8 Sec. 6. Section 725.1, Code 2014, is amended to read as 9 follows: 10 725.1 Prostitution. 11 1. A Except as provided in subsection 3, a person who sells 12 or offers for sale the person’s services as a partner in a sex 13 act commits an aggravated misdemeanor. , or 14 2. A person who purchases or offers to purchase such 15 a person’s services , as a partner in a sex act commits an 16 aggravated misdemeanor. 17 3. If the person who sells or offers for sale the person’s 18 services as a partner in a sex act pursuant to subsection 19 1 is under the age of eighteen, the county attorney may 20 elect, in lieu of filing a petition alleging that the person 21 has committed a delinquent act, to refer the person to the 22 department of human services for the possible filing of 23 a petition alleging that the person is a child in need of 24 assistance. 25 Sec. 7. NEW SECTION . 802.2B Sexual exploitation of a minor. 26 An information or indictment for sexual exploitation of 27 a minor under section 728.12 committed on or with a person 28 who is under the age of eighteen years shall be found within 29 ten years after the person upon whom the offense is committed 30 attains eighteen years of age, or if the person against whom 31 the information or indictment is sought is identified through 32 the use of a DNA profile, an information or indictment shall be 33 found within three years from the date the person is identified 34 by the person’s DNA profile, whichever is later. 35 -2- LSB 6105SV (2) 85 rh/rj 2/ 6
S.F. 2311 Sec. 8. Section 802.3, Code 2014, is amended to read as 1 follows: 2 802.3 Felony —— aggravated or serious misdemeanor. 3 In all cases, except those enumerated in section 802.1 , 4 802.2 , 802.2A , 802.2B, or 802.10 , an indictment or information 5 for a felony or aggravated or serious misdemeanor shall be 6 found within three years after its commission. 7 Sec. 9. Section 808B.3, Code 2014, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 6. A felony offense involving human 10 trafficking in violation of chapter 710A. 11 Sec. 10. Section 902.9, subsection 2, Code 2014, is amended 12 to read as follows: 13 2. The surcharges required by sections 911.1 , 911.2 , 14 911.2A, and 911.3 shall be added to a fine imposed on a class 15 “C” or class “D” felon, as provided by those sections, and are 16 not a part of or subject to the maximums set in this section . 17 Sec. 11. Section 903.1, subsection 4, Code 2014, is amended 18 to read as follows: 19 4. The surcharges required by sections 911.1 , 911.2 , 20 911.2A, 911.3 , and 911.4 shall be added to a fine imposed on a 21 misdemeanant as provided in those sections, and are not a part 22 of or subject to the maximums set in this section . 23 Sec. 12. NEW SECTION . 911.2A Human trafficking victim 24 surcharge. 25 1. In addition to any other surcharge, the court or clerk 26 of the district court shall assess a human trafficking victim 27 surcharge of one thousand dollars if an adjudication of 28 guilt or a deferred judgment has been entered for a criminal 29 violation of section 725.1, subsection 2, or section 710A.2, 30 725.2, or 725.3. 31 2. In the event of multiple offenses, the surcharge shall be 32 imposed for each applicable offense. 33 3. The surcharge shall be remitted by the clerk of court as 34 provided in section 602.8108, subsection 5A. 35 -3- LSB 6105SV (2) 85 rh/rj 3/ 6
S.F. 2311 Sec. 13. NEW SECTION . 915.95 Human trafficking victim fund. 1 A fund is created as a separate fund in the state treasury. 2 Moneys deposited in the fund shall be administered by the 3 department and dedicated to and used for awarding moneys to 4 programs that provide services and support to victims of human 5 trafficking under section 710A.2, including public outreach 6 and awareness programs and service provider training programs. 7 Notwithstanding section 8.33, any balance in the fund on June 8 30 of any fiscal year shall not revert to the general fund of 9 the state. 10 Sec. 14. EFFECTIVE DATE. The section of this Act enacting 11 section 911.2A takes effect January 1, 2015. 12 Sec. 15. APPLICABILITY. The section of this Act enacting 13 section 911.2A applies to an adjudication of guilt or a 14 deferred judgment entered for a violation of section 725.1, 15 subsection 2, or section 710A.2, 725.2, or 725.3 on or after 16 January 1, 2015. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 The bill relates to the criminal offenses of enticing a 21 minor, prostitution, sexual exploitation of a minor, and human 22 trafficking, provides for a fee, and includes effective date 23 and applicability provisions. 24 IOWA LAW ENFORCEMENT ACADEMY REPORT. The bill provides that 25 the Iowa law enforcement academy must include data regarding 26 law enforcement resources devoted to training, staffing, and 27 investigating human trafficking cases in the council’s annual 28 report. 29 ENTICING A MINOR. The bill provides that for the criminal 30 offense of enticing a minor, methods of enticement include but 31 are not limited to personal contact and communication by any 32 means including through the mail, telephone, internet, or any 33 social media, and include text messages, instant messages, and 34 electronic mail. 35 -4- LSB 6105SV (2) 85 rh/rj 4/ 6
S.F. 2311 PROSTITUTION —— MINOR. The bill provides that if a person 1 who sells or offers for sale the person’s services as a partner 2 in a sex act (prostitution) is under the age of 18, the county 3 attorney may elect, in lieu of filing a delinquency petition in 4 juvenile court, to refer the person to the department of human 5 services for the possible filing of a petition alleging that 6 the person is a child in need of assistance. 7 SEXUAL EXPLOITATION OF A MINOR —— STATUTE OF LIMITATION. The 8 bill increases the statute of limitation period for the filing 9 of an information or indictment for the criminal offense of 10 sexual exploitation of a minor from three years to 10 years 11 after the person upon whom the offense is committed attains 18 12 years of age, or if the person against whom the information or 13 indictment is sought is identified through the use of a DNA 14 profile, an information or indictment shall be filed within 15 three years from the date the person is identified by the 16 person’s DNA profile, whichever is later. 17 HUMAN TRAFFICKING SURCHARGE. The bill provides for the 18 assessment of a $1,000 human trafficking victim surcharge if an 19 adjudication of guilt or a deferred judgment has been entered 20 for a criminal violation of Code sections 725.1, subsection 21 2 (prostitution by a purchaser of sexual services) or 710A.2 22 (human trafficking), 725.2 (pimping), and 725.3 (pandering). 23 The surcharge shall be deposited into the human trafficking 24 victim fund created in the bill. The surcharge takes effect 25 January 1, 2015. 26 HUMAN TRAFFICKING VICTIM FUND. The bill creates a human 27 trafficking victim fund to be administered by the department of 28 justice to be used for awarding moneys to programs that provide 29 services and support to human trafficking victims, including 30 public outreach and awareness programs and service provider 31 training programs. Notwithstanding Code section 8.33, any 32 balance in the fund on June 30 of any fiscal year shall not 33 revert to the general fund of the state. 34 COMMUNICATIONS INVOLVING HUMAN TRAFFICKING. Under the bill, 35 -5- LSB 6105SV (2) 85 rh/rj 5/ 6
S.F. 2311 the attorney general may prepare an application for a court 1 order authorizing the interception of wire, oral, or electronic 2 communications involving a felony human trafficking offense 3 under Code chapter 710A. The court, subject to Code chapter 4 808B, may grant such an order authorizing the interception 5 of oral, wire, or electronic communications by special state 6 agents of the department of public safety when the interception 7 of such communications may provide evidence of a felony offense 8 involving human trafficking. 9 -6- LSB 6105SV (2) 85 rh/rj 6/ 6