S.F. 2063 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 certain occupations . An action 4 for damages for injury suffered as a result of sexual abuse, as 5 defined in section 709.1 , by a counselor, therapist, or school 6 employee, as defined in section 709.15 , or by an attorney 7 as defined in section 709.15A, or as a result of sexual 8 exploitation by a counselor, therapist, or school employee , 9 or attorney shall be brought within five years of the date 10 the victim was last treated by the counselor or therapist, or 11 within five years of the date the victim was last enrolled in 12 or attended the school , or within five years of the date legal 13 services provided to the client, as defined in section 709.15A, 14 were terminated . 15 Sec. 2. Section 692A.102, subsection 1, paragraph b, Code 16 2016, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (012) Sexual exploitation by an attorney 18 in violation of section 709.15A, if the victim is thirteen 19 years of age or older. 20 Sec. 3. Section 692A.102, subsection 1, paragraph c, Code 21 2016, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (028) Sexual exploitation by an attorney 23 in violation of section 709.15A, if the victim is under 24 thirteen years of age. 25 Sec. 4. Section 702.11, subsection 2, Code 2016, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . 0e. Sexual exploitation by an attorney in 28 violation of section 709.15A. 29 Sec. 5. NEW SECTION . 709.15A Sexual exploitation by an 30 attorney. 31 1. As used in this section: 32 a. “Attorney” means a person licensed to practice law in 33 this state or another state. 34 b. “Client” means a person or a representative of the person 35 -1- LSB 5607XS (4) 86 jm/rj 1/ 5

S.F. 2063 who is receiving legal services from an attorney. 1 2. a. Sexual exploitation by an attorney occurs when any of 2 the following are found: 3 (1) A pattern or practice or scheme of conduct to engage in 4 any of the conduct described in subparagraph (2). 5 (2) Any sexual conduct with a client for the purpose of 6 arousing or satisfying the sexual desires of the attorney or 7 client, while the client is obtaining legal services from the 8 attorney, which includes but is not limited to the following: 9 (a) Kissing. 10 (b) Touching of the clothed or unclothed inner thigh, 11 breast, groin, buttock, anus, pubes, or genitals. 12 (c) A sex act as defined in section 702.17. 13 b. Sexual exploitation by an attorney does not occur if the 14 client is the spouse of the attorney or the sexual relationship 15 between the attorney and client predates the providing of legal 16 services by the attorney. 17 3. An attorney who commits sexual exploitation in violation 18 of this section commits a class “D” felony. 19 Sec. 6. Section 709.19, subsection 1, Code 2016, is amended 20 to read as follows: 21 1. Upon the filing of an affidavit by a victim, or a parent 22 or guardian on behalf of a minor who is a victim, of a crime 23 that is a sexual offense in violation of section 709.2 , 709.3 , 24 709.4 , 709.8 , 709.9 , 709.11 , 709.12 , 709.14 , 709.15 , 709.15A, 25 or 709.16 , that states that the presence of or contact with 26 the defendant whose release from jail or prison is imminent or 27 who has been released from jail or prison continues to pose a 28 threat to the safety of the victim, persons residing with the 29 victim, or members of the victim’s immediate family, the court 30 shall enter a temporary no-contact order which shall require 31 the defendant to have no contact with the victim, persons 32 residing with the victim, or members of the victim’s immediate 33 family. 34 Sec. 7. Section 802.2A, Code 2016, is amended to read as 35 -2- LSB 5607XS (4) 86 jm/rj 2/ 5

S.F. 2063 follows: 1 802.2A Incest —— sexual exploitation by a counselor, 2 therapist, or school employee certain occupations . 3 1. An information or indictment for incest under section 4 726.2 committed on or with a person who is under the age of 5 eighteen shall be found within ten years after the person upon 6 whom the offense is committed attains eighteen years of age. 7 An information or indictment for any other incest shall be 8 found within ten years after its commission. 9 2. An indictment or information for sexual exploitation by 10 a counselor, therapist, or school employee under section 709.15 11 or 709.15A committed on or with a person who is under the age of 12 eighteen shall be found within ten years after the person upon 13 whom the offense is committed attains eighteen years of age. 14 An information or indictment for any other sexual exploitation 15 under section 709.15 or 709.15A shall be found within ten 16 years of the date the victim was last treated by the counselor 17 or therapist, or within ten years of the date the victim was 18 enrolled in or attended the school , or within ten years of 19 the date legal services provided to the client, as defined in 20 section 709.15A, were terminated . 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill creates the criminal offense of sexual 25 exploitation by an attorney and includes provisions relating 26 to civil actions for sexual abuse or sexual exploitation by an 27 attorney. 28 The bill amends Code section 614.1 by allowing a civil action 29 for damages to be brought by a client for injuries suffered as 30 a result of sexual abuse or sexual exploitation of that client 31 or a representative of the client by an attorney. The bill 32 provides that the action must be brought within five years of 33 the termination of legal services provided to the client. 34 The bill defines “attorney” to mean a person licensed 35 -3- LSB 5607XS (4) 86 jm/rj 3/ 5

S.F. 2063 to practice law in this state or another state and defines 1 “client” to mean a person or a representative of the person who 2 is receiving legal services from the attorney. 3 The bill creates the new criminal offense of sexual 4 exploitation by an attorney in new Code section 709.15A. Under 5 the bill, sexual exploitation by an attorney occurs when an 6 attorney engages in or participates in a pattern or practice or 7 scheme of conduct to engage in any sexual conduct with a client 8 for the purpose of arousing or satisfying the sexual desires 9 of the attorney or client, while the client is obtaining 10 legal services from the attorney, including but not limited 11 to kissing, touching of the clothed or unclothed inner thigh, 12 breast, groin, buttock, anus, pubes, or genitals, or a sex act 13 as defined in Code section 702.17. 14 Sexual exploitation by an attorney does not occur under the 15 bill if the client is the spouse of the attorney or the sexual 16 relationship between the attorney and client predates the 17 providing of legal services by the attorney. 18 Code section 803.1 governs the type of violations of the bill 19 that may be prosecuted in this state. Iowa court rule 32.1.8 20 governs attorney conflicts of interest with current clients and 21 may be the basis for attorney discipline. 22 An attorney who violates the bill commits a class “D” 23 felony. A class “D” felony is punishable by confinement for no 24 more than five years and a fine of at least $750 but not more 25 than $7,500. A person convicted of sexual exploitation by an 26 attorney is also subject to a 10-year special sentence under 27 Code section 903B.2. 28 An attorney who commits sexual exploitation by an attorney 29 must register as a sex offender. If the victim is under 13 30 years of age, the attorney shall be considered a tier III sex 31 offender, and if the victim is 13 years of age or older, the 32 attorney shall be considered a tier II offender. A tier III 33 offender must verify information to the county sheriff on a 34 more frequent basis than a tier II offender. 35 -4- LSB 5607XS (4) 86 jm/rj 4/ 5

S.F. 2063 If the release of a defendant from incarceration is 1 imminent, the bill amends Code section 709.19 by requiring 2 the court to enter a temporary no-contact order requiring 3 the defendant to have no contact with a victim of sexual 4 exploitation by an attorney, if the victim files an affidavit 5 stating the defendant poses a threat to the safety of the 6 victim. Code section 709.19(2) governs the length of the 7 temporary no-contact order. 8 The bill amends Code section 802.2A by allowing an 9 information or indictment for sexual exploitation by an 10 attorney committed on or with a person under 18 years of age to 11 be found within 10 years after the person upon whom the offense 12 is committed attains 18 years of age. The amendment to Code 13 section 802.2A also provides that for other sexual exploitation 14 by attorney offenses, an information or indictment shall be 15 found within 10 years of the date legal services provided in 16 the matter were terminated. 17 -5- LSB 5607XS (4) 86 jm/rj 5/ 5