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
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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
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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
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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
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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.
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