HF 6 (LSB 1100YH (2) 86)

HOUSE FILE 6

BY  JONES

A BILL FOR

An Act to expand the criminal offense of and applicability of related penalties for sexual exploitation by a school employee to include all school district employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 709.15, subsection 1, paragraph f, Code 2015, is amended to read as follows:
   f.  “School employee” means a any of the following:
   (1)  A practitioner as defined in section 272.1 or a.
   (2)  A person issued a coaching authorization under section 272.31, subsection 1.
   (3)  An individual employed by a school district, including a full-time, part-time, substitute, or contract employee.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill expands the Code provision that establishes the criminal offense of sexual exploitation by a school employee to include an individual employed by a school district, including a full-time, part-time, substitute, or contract employee. Currently, a school employee is defined to include any practitioner or coach who is licensed or authorized by the board of educational examiners. The current definition does not limit employment to a public or nonpublic school.
   A person who commits sexual exploitation by a school employee in violation of Code section 709.15(3) commits either an aggravated misdemeanor, which is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250; or a class “D” felony, which is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.