House
File
2233
-
Introduced
HOUSE
FILE
2233
BY
HALL
A
BILL
FOR
An
Act
relating
to
sexual
abuse
and
sexual
exploitation
by
a
1
counselor,
therapist,
or
school
employee,
related
penalties,
2
and
the
time
within
which
actions
may
be
brought
for
damages
3
for
such
injury.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
614.1,
subsection
12,
Code
2016,
is
1
amended
to
read
as
follows:
2
12.
Sexual
abuse
or
sexual
exploitation
by
a
counselor,
3
therapist,
or
school
employee.
An
action
for
damages
for
4
injury
suffered
as
a
result
of
sexual
abuse,
as
defined
in
5
section
709.1
,
by
a
counselor,
therapist,
or
school
employee,
6
as
defined
in
section
709.15
,
or
as
a
result
of
sexual
7
exploitation
by
a
counselor,
therapist,
or
school
employee
8
shall
be
brought
within
five
ten
years
of
the
date
the
victim
9
was
last
treated
by
the
counselor
or
therapist,
or
within
10
five
ten
years
of
the
date
the
victim
was
last
enrolled
in
or
11
attended
the
school
,
or,
if
the
victim
was
a
minor
when
the
12
sexual
abuse
or
sexual
exploitation
occurred,
within
ten
years
13
of
the
date
the
victim
attains
the
age
of
eighteen
.
14
Sec.
2.
Section
614.8,
subsection
2,
Code
2016,
is
amended
15
to
read
as
follows:
16
2.
Except
as
provided
in
section
614.1,
subsection
17
subsections
9
and
12
,
the
times
limited
for
actions
in
this
18
chapter
,
or
chapter
216
,
669
,
or
670
,
except
those
brought
for
19
penalties
and
forfeitures,
are
extended
in
favor
of
minors,
20
so
that
they
shall
have
one
year
from
and
after
attainment
of
21
majority
within
which
to
file
a
complaint
pursuant
to
chapter
22
216
,
to
make
a
claim
pursuant
to
chapter
669
or
670
,
or
to
23
otherwise
commence
an
action.
24
Sec.
3.
Section
709.15,
subsection
1,
paragraph
f,
Code
25
2016,
is
amended
by
striking
the
paragraph
and
inserting
in
26
lieu
thereof
the
following:
27
f.
(1)
“School
employee”
means
any
of
the
following,
except
28
as
provided
in
subparagraph
(2):
29
(a)
A
person
who
holds
a
license,
certificate,
30
authorization,
or
statement
of
professional
recognition
issued
31
by
the
board
of
educational
examiners
under
chapter
272.
32
(b)
A
person
employed
by
a
school
district
or
nonpublic
33
school
full-time
or
part-time.
34
(c)
A
contract
employee
of
a
school
district
or
nonpublic
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school
who
has
significant
contact
with
students
enrolled
in
1
the
school
district
or
nonpublic
school.
2
(d)
A
person
who
performs
services
as
a
volunteer
for
a
3
school
district
or
nonpublic
school
and
who
has
significant
4
contact
with
students
enrolled
in
the
school
district
or
5
nonpublic
school.
6
(2)
“School
employee”
does
not
include
the
following:
7
(a)
A
student
enrolled
in
a
school
district
or
nonpublic
8
school.
9
(b)
A
person
who
holds
a
coaching
authorization
issued
10
under
section
272.31,
subsection
1,
if
the
person
is
less
than
11
four
years
older
than
the
student
with
whom
the
person
engages
12
in
conduct
prohibited
under
subsection
3,
paragraph
“a”
,
and
13
the
person
is
not
in
a
position
of
direct
authority
over
the
14
student.
15
(c)
A
person
who
performs
services
as
a
volunteer
for
a
16
school
district
or
nonpublic
school
and
who
has
significant
17
contact
with
students
enrolled
in
the
school
district
or
18
nonpublic
school,
if
the
person
is
less
than
four
years
older
19
than
the
student
with
whom
the
person
engages
in
conduct
20
prohibited
under
subsection
3,
paragraph
“a”
,
and
the
person
is
21
not
in
a
position
of
direct
authority
over
the
student.
22
Sec.
4.
Section
709.15,
subsection
3,
Code
2016,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
c.
The
provisions
of
this
subsection
do
25
not
apply
to
a
person
who
is
employed
by,
volunteers
for,
or
26
is
under
contract
with
a
school
district
or
nonpublic
school
27
if
the
student
is
not
enrolled
in
the
same
school
district
28
or
nonpublic
school
that
employs
the
person
or
for
which
the
29
person
volunteers
or
is
under
contract,
and
the
person
does
30
not
meet
the
requirements
of
subsection
1,
paragraph
“f”
,
31
subparagraph
(1),
subparagraph
division
(a).
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
extends,
from
five
years
to
10
years,
the
time
by
1
which
actions
may
be
brought
for
damages
for
injury
suffered
as
2
a
result
of
sexual
abuse
by
a
counselor,
therapist,
or
school
3
employee
or
as
a
result
of
sexual
exploitation
by
a
counselor,
4
therapist,
or
school
employee.
Further,
if
the
victim
was
a
5
minor
when
the
sexual
abuse
or
exploitation
occurred,
actions
6
for
damages
for
injury
must
be
brought
within
10
years
of
the
7
date
the
victim
attains
the
age
of
18.
The
bill
also
allows
8
minors
one
year
from
and
after
attainment
of
age
18
to
make
a
9
claim
for
damages
based
upon
an
act
or
omission
of
an
employee
10
of
the
state
or
political
subdivision.
11
The
bill
amends
the
definition
of
“school
employee”
in
12
the
Code
provision
that
establishes
the
criminal
offense
of
13
sexual
exploitation
by
a
school
employee.
Currently
under
14
Code
section
709.15,
“school
employee”
is
defined
to
include
15
any
practitioner
or
coach
who
is
licensed
or
authorized
by
the
16
board
of
educational
examiners.
The
current
definition
does
17
not
limit
employment
to
a
public
or
nonpublic
school.
The
bill
18
amends
the
definition
to
provide
that
“school
employee”
means
19
a
person
who
holds
a
license,
certificate,
authorization,
or
20
statement
of
professional
recognition
issued
by
the
board;
a
21
person
employed
by
a
school
district
or
nonpublic
school;
a
22
contract
employee
of
a
school
district
or
nonpublic
school
who
23
has
significant
contact
with
students
enrolled
in
the
school
24
district
or
nonpublic
school;
or
a
person
who
performs
services
25
as
a
volunteer
for
a
school
district
or
nonpublic
school
and
26
who
has
significant
contact
with
students
enrolled
in
the
27
school
district
or
nonpublic
school.
28
However,
the
bill
provides
that
the
definition
of
“school
29
employee”
does
not
include
a
student
enrolled
in
a
school
30
district
or
nonpublic
school,
or
a
person
who
is
a
school
31
volunteer
or
who
holds
a
coaching
authorization
if
such
person
32
is
less
than
four
years
older
than
the
student
and
is
not
in
33
a
position
of
direct
authority
over
the
student.
Further,
34
the
provisions
related
to
the
definition
do
not
apply
to
a
35
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person
who
is
employed
by,
volunteers
for,
or
is
under
contract
1
with
a
school
district
or
nonpublic
school
if
the
student
is
2
not
enrolled
in
the
same
school
district
or
nonpublic
school
3
that
employs
the
person
or
for
which
the
person
volunteers
or
4
is
under
contract,
and
the
person
does
not
hold
a
license,
5
certificate,
authorization,
or
statement
of
professional
6
recognition
issued
by
the
board.
7
A
person
who
commits
sexual
exploitation
by
a
school
8
employee
in
violation
of
Code
section
709.15(3)
commits
either
9
an
aggravated
misdemeanor,
which
is
punishable
by
confinement
10
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
11
more
than
$6,250;
or
a
class
“D”
felony,
which
is
punishable
by
12
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
13
$750
but
not
more
than
$7,500.
Such
a
person
must
register
as
a
14
tier
II
offender
on
the
sex
offender
registry
if
the
victim
is
15
13
years
of
age
or
older,
or,
if
the
victim
is
under
13
years
16
of
age,
as
a
tier
III
offender.
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