Senate File 450 - Introduced SENATE FILE 450 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 312) A BILL FOR An Act relating to human trafficking and including a penalty 1 provision. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1078SV (2) 86 jh/rj
S.F. 450 Section 1. Section 80B.11, subsection 1, paragraph c, Code 1 2015, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) In-service training under this 3 paragraph “c” shall include the requirement that all law 4 enforcement officers complete four hours of in-service training 5 every five years related to domestic assault, sexual assault, 6 human trafficking, stalking, and harassment. Such in-service 7 training shall be approved by the academy in consultation 8 with the Iowa coalition against sexual assault and the Iowa 9 coalition against domestic violence. 10 Sec. 2. NEW SECTION . 692.23 Human trafficking information. 11 The division of criminal and juvenile justice planning 12 of the department of human rights shall collect and maintain 13 criminal history data on incidents related to human trafficking 14 in this state, and shall submit an annual report to the general 15 assembly concerning the collected data. For purposes of this 16 section, “incidents related to human trafficking” means criminal 17 violations of section 710.5, 710.11, or 710A.2, section 725.1, 18 subsection 2, or section 725.2 or 725.3, or violations of 19 section 710.2, 710.3, or 710.4 if the victim was forced to 20 provide labor or services or participate in commercial sexual 21 activity. 22 Sec. 3. Section 702.11, subsection 1, Code 2015, is amended 23 to read as follows: 24 1. A “forcible felony” is any felonious child endangerment, 25 assault, murder, sexual abuse, kidnapping, robbery, arson in 26 the first degree, or burglary in the first degree , or human 27 trafficking . 28 Sec. 4. NEW SECTION . 710A.6 Outreach, public awareness, and 29 training programs. 30 The crime victim assistance division of the department of 31 justice, in cooperation with other governmental agencies and 32 nongovernmental or community organizations, shall develop and 33 conduct outreach, public awareness, and training programs for 34 the general public, law enforcement agencies, first responders, 35 -1- LSB 1078SV (2) 86 jh/rj 1/ 4
S.F. 450 potential victims, and persons conducting or regularly dealing 1 with businesses or other ventures that have a high statistical 2 incidence of debt bondage or forced labor or services. The 3 programs shall train participants to recognize and report 4 incidents of human trafficking and to suppress the demand that 5 fosters exploitation of persons and leads to human trafficking. 6 Sec. 5. Section 915.94, Code 2015, is amended to read as 7 follows: 8 915.94 Victim compensation fund. 9 A victim compensation fund is established as a separate 10 fund in the state treasury. Moneys deposited in the fund 11 shall be administered by the department and dedicated to and 12 used for the purposes of section 915.41 and this subchapter . 13 In addition, the department may use moneys from the fund 14 for the purpose of the department’s prosecutor-based victim 15 service coordination, including the duties defined in sections 16 910.3 and 910.6 and this chapter , and for the award of funds 17 to programs that provide services and support to victims of 18 domestic abuse or sexual assault as provided in chapter 236 , 19 to victims under section 710A.2 , and for the support of an 20 automated victim notification system established in section 21 915.10A . The For each fiscal year, the department may also 22 use up to one three hundred thousand dollars from the fund 23 to provide training for victim service providers , to provide 24 training for related professionals concerning victim service 25 programming, and to provide training to law enforcement 26 officers concerning homicide, domestic assault, sexual assault, 27 stalking, harassment, and human trafficking as required by 28 section 80B.11 . Notwithstanding section 8.33 , any balance in 29 the fund on June 30 of any fiscal year shall not revert to the 30 general fund of the state. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to human trafficking and includes a 35 -2- LSB 1078SV (2) 86 jh/rj 2/ 4
S.F. 450 penalty provision. 1 HUMAN TRAFFICKING TRAINING. The bill requires law 2 enforcement officers to complete four hours of in-service 3 training every five years related to domestic assault, 4 sexual assault, human trafficking, stalking, and harassment. 5 The in-service training must be approved by the Iowa law 6 enforcement academy in consultation with the Iowa coalition 7 against sexual assault and the Iowa coalition against domestic 8 violence. 9 The bill directs the crime victim assistance division of the 10 department of justice, in cooperation with other governmental 11 agencies and nongovernmental or community organizations, to 12 develop and conduct outreach, public awareness, and training 13 programs related to human trafficking. The programs are for 14 the general public, law enforcement agencies, first responders, 15 potential victims, and persons conducting or regularly dealing 16 with businesses that have a high statistical incidence of 17 debt bondage or forced labor or services, and are intended 18 to train participants to recognize and report incidents of 19 human trafficking and to suppress the demand that fosters 20 exploitation of persons and leads to human trafficking. 21 Under current law, the department of justice may use up to 22 $100,000 from the victim compensation fund to provide training 23 to victim service providers. The bill provides that the 24 department of justice may use up to $300,000 each fiscal year 25 to provide training programs to victim service providers, to 26 provide training to related professionals concerning victim 27 service programming, and to provide training concerning 28 homicide, domestic assault, sexual assault, stalking, 29 harassment, and human trafficking. 30 HUMAN TRAFFICKING DATA COLLECTION. The bill requires the 31 division of criminal and juvenile justice planning of the 32 department of human rights to collect and maintain criminal 33 history data on incidents related to human trafficking, and to 34 submit an annual report to the general assembly concerning the 35 -3- LSB 1078SV (2) 86 jh/rj 3/ 4
S.F. 450 collected data. The bill defines “incidents related to human 1 trafficking” to mean criminal violations of Code section 710.5 2 (child stealing), 710.11 (purchase or sale of individual), 3 710A.2 (human trafficking), 725.1(2) (prostitution), 725.2 4 (pimping), 725.3 (pandering), or violations of Code section 5 710.2 (kidnapping in the first degree), 710.3 (kidnapping in 6 the second degree), or 710.4 (kidnapping in the third degree) 7 if the victim was forced to provide labor or services or 8 participate in commercial sexual activity. 9 DEFINING HUMAN TRAFFICKING AS A FORCIBLE FELONY. The bill 10 amends the definition of “forcible felony” to include human 11 trafficking. “Human trafficking” means participating in a 12 venture to recruit, harbor, transport, supply provisions, or 13 obtain a person for either forced labor or service that results 14 in involuntary servitude, peonage, debt bondage, or slavery, or 15 for commercial sexual activity through the use of force, fraud, 16 or coercion, except that if the trafficked person is under the 17 age of 18, the commercial sexual activity need not involve 18 force, fraud, or coercion. As an offense that is a forcible 19 felony, a person convicted of human trafficking would not be 20 eligible for a suspended or deferred sentence, or a deferred 21 judgment. 22 -4- LSB 1078SV (2) 86 jh/rj 4/ 4