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
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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
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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.
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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.
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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.
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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,
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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.
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