Senate Study Bill 3169 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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, and providing for a fee. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6105SC (3) 85 rh/rj
S.F. _____ Section 1. Section 602.8102, subsection 135A, Code 2014, is 1 amended to read as follows: 2 135A. Assess the surcharges provided by sections 911.1 , 3 911.2 , 911.2A, 911.3 , and 911.4 . 4 Sec. 2. Section 602.8108, subsection 2, Code 2014, is 5 amended to read as follows: 6 2. Except as otherwise provided, the clerk of the district 7 court shall report and submit to the state court administrator, 8 not later than the fifteenth day of each month, the fines and 9 fees received during the preceding calendar month. Except 10 as provided in subsections 3, 4, 5, 5A, 7, 8, 9, and 10 , the 11 state court administrator shall deposit the amounts received 12 with the treasurer of state for deposit in the general fund of 13 the state. The state court administrator shall report to the 14 legislative services agency within thirty days of the beginning 15 of each fiscal quarter the amount received during the previous 16 quarter in the account established under this section . 17 Sec. 3. Section 602.8108, Code 2014, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 5A. The clerk of the district court shall 20 remit all moneys collected from the assessment of the human 21 trafficking victim surcharge provided in section 911.2A to the 22 state court administrator no later than the fifteenth day of 23 each month for deposit in the human trafficking victim fund 24 created in section 915.95. 25 Sec. 4. Section 710.10, Code 2014, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. For purposes of this section, methods 28 of enticement include but are not limited to personal contact 29 and communication by any means including through the mail, 30 telephone, internet, or any social media, and include text 31 messages, instant messages, and electronic mail. 32 Sec. 5. NEW SECTION . 710A.6 Past sexual behavior of victim. 33 Evidence of a specific instance of a victim’s past sexual 34 behavior, or reputation or opinion evidence of past sexual 35 -1- LSB 6105SC (3) 85 rh/rj 1/ 5
S.F. _____ behavior of a victim, is not admissible unless the evidence is 1 admitted in accordance with rule of evidence 5.412. 2 Sec. 6. Section 725.1, Code 2014, is amended to read as 3 follows: 4 725.1 Prostitution. 5 1. A Except as provided in subsection 3, a person who sells 6 or offers for sale the person’s services as a partner in a sex 7 act commits an aggravated misdemeanor. , or 8 2. A person who purchases or offers to purchase such 9 a person’s services , as a partner in a sex act commits an 10 aggravated misdemeanor. 11 3. If the person who sells or offers for sale the person’s 12 services as a partner in a sex act pursuant to subsection 1 13 is under the age of eighteen and reasonable grounds exist to 14 believe that the influence or control of an adult contributed 15 to the commission of the offense, the county attorney may 16 elect, in lieu of filing a petition alleging that the person 17 has committed a delinquent act, to refer the person to the 18 department of human services for the possible filing of 19 a petition alleging that the person is a child in need of 20 assistance. 21 Sec. 7. NEW SECTION . 802.2B Sexual exploitation of a minor. 22 An information or indictment for sexual exploitation of 23 a minor under section 728.12 committed on or with a person 24 who is under the age of eighteen years shall be found within 25 ten years after the person upon whom the offense is committed 26 attains eighteen years of age, or if the person against whom 27 the information or indictment is sought is identified through 28 the use of a DNA profile, an information or indictment shall be 29 found within three years from the date the person is identified 30 by the person’s DNA profile, whichever is later. 31 Sec. 8. Section 802.3, Code 2014, is amended to read as 32 follows: 33 802.3 Felony —— aggravated or serious misdemeanor. 34 In all cases, except those enumerated in section 802.1 , 35 -2- LSB 6105SC (3) 85 rh/rj 2/ 5
S.F. _____ 802.2 , 802.2A , 802.2B, or 802.10 , an indictment or information 1 for a felony or aggravated or serious misdemeanor shall be 2 found within three years after its commission. 3 Sec. 9. Section 902.9, subsection 2, Code 2014, is amended 4 to read as follows: 5 2. The surcharges required by sections 911.1 , 911.2 , 6 911.2A, and 911.3 shall be added to a fine imposed on a class 7 “C” or class “D” felon, as provided by those sections, and are 8 not a part of or subject to the maximums set in this section . 9 Sec. 10. Section 903.1, subsection 4, Code 2014, is amended 10 to read as follows: 11 4. The surcharges required by sections 911.1 , 911.2 , 12 911.2A, 911.3 , and 911.4 shall be added to a fine imposed on a 13 misdemeanant as provided in those sections, and are not a part 14 of or subject to the maximums set in this section . 15 Sec. 11. NEW SECTION . 911.2A Human trafficking victim 16 surcharge. 17 1. In addition to any other surcharge, the court or clerk 18 of the district court shall assess a human trafficking victim 19 surcharge of two hundred fifty dollars if an adjudication of 20 guilt or a deferred judgment has been entered for a criminal 21 violation of section 725.1, subsection 2, or section 710A.2, 22 725.2, or 725.3. 23 2. In the event of multiple offenses, the surcharge shall be 24 imposed for each applicable offense. 25 3. The surcharge shall be remitted by the clerk of court as 26 provided in section 602.8108, subsection 5A. 27 Sec. 12. NEW SECTION . 915.95 Human trafficking victim fund. 28 A fund is created as a separate fund in the state treasury. 29 Moneys deposited in the fund shall be administered by the 30 department and dedicated to and used for awarding moneys to 31 programs that provide services and support to victims of human 32 trafficking under section 710A.2, including public outreach 33 and awareness programs and service provider training programs. 34 Notwithstanding section 8.33, any balance in the fund on June 35 -3- LSB 6105SC (3) 85 rh/rj 3/ 5
S.F. _____ 30 of any fiscal year shall not revert to the general fund of 1 the state. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 The bill relates to the criminal offenses of enticing a 6 minor, prostitution, sexual exploitation of a minor, and human 7 trafficking, and provides for a fee. 8 ENTICING A MINOR. The bill provides that for the criminal 9 offense of enticing a minor, methods of enticement include but 10 are not limited to personal contact and communication by any 11 means including through the mail, telephone, internet, or any 12 social media, and include text messages, instant messages, and 13 electronic mail. 14 HUMAN TRAFFICKING VICTIM —— PAST SEXUAL BEHAVIOR. The 15 bill provides that evidence of a specific instance of a human 16 trafficking victim’s past sexual behavior, or reputation or 17 opinion evidence of past sexual behavior of a human trafficking 18 victim, is not admissible unless the evidence is admitted in 19 accordance with rule of evidence 5.412 (Iowa’s rape shield 20 evidence law). 21 PROSTITUTION —— MINOR. The bill provides that if a person 22 who sells or offers for sale the person’s services as a 23 partner in a sex act (prostitution) is under the age of 18 24 and reasonable grounds exist to believe that the influence 25 or control of an adult contributed to the commission of the 26 offense the county attorney may elect, in lieu of filing a 27 delinquency petition in juvenile court, to refer the person 28 to the department of human services for the possible filing 29 of a petition alleging that the person is a child in need of 30 assistance. 31 SEXUAL EXPLOITATION OF A MINOR —— STATUTE OF LIMITATION. The 32 bill increases the statute of limitation period for the filing 33 of an information or indictment for the criminal offense of 34 sexual exploitation of a minor from three years to 10 years 35 -4- LSB 6105SC (3) 85 rh/rj 4/ 5
S.F. _____ after the person upon whom the offense is committed attains 18 1 years of age, or if the person against whom the information or 2 indictment is sought is identified through the use of a DNA 3 profile, an information or indictment shall be filed within 4 three years from the date the person is identified by the 5 person’s DNA profile, whichever is later. 6 HUMAN TRAFFICKING SURCHARGE. The bill provides for the 7 assessment of a $250 human trafficking victim surcharge if an 8 adjudication of guilt or a deferred judgment has been entered 9 for a criminal violation of Code sections 725.1, subsection 10 2 (prostitution by a purchaser of sexual services) or 710A.2 11 (human trafficking), 725.2 (pimping), and 725.3 (pandering). 12 The surcharge shall be deposited into the human trafficking 13 victim fund created in the bill. 14 HUMAN TRAFFICKING VICTIM FUND. The bill creates a human 15 trafficking victim fund to be administered by the department of 16 justice to be used for awarding moneys to programs that provide 17 services and support to human trafficking victims, including 18 public outreach and awareness programs and service provider 19 training programs. Notwithstanding Code section 8.33, any 20 balance in the fund on June 30 of any fiscal year shall not 21 revert to the general fund of the state. 22 -5- LSB 6105SC (3) 85 rh/rj 5/ 5