House File 2234 - Introduced HOUSE FILE 2234 BY NUNN , SHEETS , BRANHAGEN , FORRISTALL , PETTENGILL , WILLS , DAWSON , CARLSON , BROWN-POWERS , HEARTSILL , STECKMAN , STUTSMAN , SALMON , and KELLEY A BILL FOR An Act relating to the authority of peace officers to 1 investigate and enforce human trafficking laws. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5822YH (2) 86 jh/rj

H.F. 2234 Section 1. Section 80.9A, subsection 6, Code 2016, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . h. When engaged in the investigation and 3 enforcement of human trafficking laws. 4 Sec. 2. NEW SECTION . 817A.1 Definitions. 5 For purposes of this chapter: 6 1. “Employing agency” means the state agency or governmental 7 subdivision that employs a peace officer. 8 2. “Human trafficking” means the same as defined in section 9 710A.1. 10 3. “Peace officer” means the same as defined in section 11 801.4. 12 Sec. 3. NEW SECTION . 817A.2 Statewide authority for peace 13 officers to investigate and enforce human trafficking laws. 14 1. A peace officer shall have the peace officer’s full 15 powers and authorities throughout the state to investigate and 16 enforce laws related to human trafficking. 17 2. A peace officer who investigates or enforces laws related 18 to human trafficking outside of the jurisdictional limits of 19 the peace officer’s employing agency under the authority of 20 this section shall be deemed to be acting in the scope of 21 the peace officer’s employment and shall not be considered 22 an employee of another law enforcement agency due to such 23 investigation or enforcement. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the authority of a peace officer to 28 investigate and enforce human trafficking laws. 29 The bill defines “peace officer” as the same as defined in 30 Code section 801.4, which includes sheriffs and their regular 31 deputies, marshals and police officers of cities, peace officer 32 members of the department of public safety, parole officers, 33 probation officers, special security officers employed by 34 board of regents institutions, conservation officers, certain 35 -1- LSB 5822YH (2) 86 jh/rj 1/ 3

H.F. 2234 employees of the department of transportation and of an 1 aviation authority, and other persons as may be designated by 2 law. 3 The bill defines “human trafficking” as the same as defined 4 in Code section 710A.1, which includes the participation in a 5 venture to recruit, harbor, transport, supply provisions, or 6 obtain a person for the purpose of forced labor or commercial 7 sexual activity through the use of force, fraud, or coercion, 8 except that if the trafficked person is under the age of 18, 9 the commercial sexual activity need not involve force, fraud, 10 or coercion. “Human trafficking” also means the knowing 11 purchase or attempt to purchase services involving commercial 12 sexual activity from a victim or another person engaged in 13 human trafficking. 14 The bill defines “employing agency” as the state agency or 15 governmental subdivision that employs the peace officer. 16 The bill enacts new Code section 817A.2, which provides that 17 a peace officer shall have the peace officer’s full powers 18 and authorities throughout the state while investigating and 19 enforcing laws related to human trafficking, even if the peace 20 officer is outside of the jurisdictional limits of the peace 21 officer’s employing agency. 22 The bill provides that a peace officer who investigates 23 or enforces laws related to human trafficking outside of the 24 jurisdictional limits of the peace officer’s employing agency 25 under the authority of new Code section 817A.2 shall be deemed 26 to be acting in the scope of the peace officer’s employment and 27 shall not be considered an employee of another law enforcement 28 agency due to such investigation or enforcement. 29 Under current Code section 80.9A, a peace officer 30 employed by the department of public safety does not, in all 31 circumstances, have the general powers of a peace officer 32 while within the limits of a city to investigate and enforce 33 human trafficking laws. The bill provides that a peace 34 officer employed by the department of public safety in all 35 -2- LSB 5822YH (2) 86 jh/rj 2/ 3

H.F. 2234 circumstances has the general powers of a peace officer while 1 within the limits of a city to investigate and enforce human 2 trafficking laws. 3 -3- LSB 5822YH (2) 86 jh/rj 3/ 3