S.F. 122 Section 1. Section 232.68, subsection 2, paragraph a, Code 1 2017, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (12) The acts or omissions of a 3 person responsible for the care of a child which allow, 4 permit, encourage, or require the recruitment, harboring, 5 transportation, provision, obtaining, patronizing, or 6 soliciting of the child for the purpose of commercial sexual 7 activity or forced labor or service as defined in section 8 710A.1. 9 Sec. 2. Section 232.69, subsection 1, unnumbered paragraph 10 1, Code 2017, is amended to read as follows: 11 The classes of persons enumerated in this subsection shall 12 make a report within twenty-four hours and as provided in 13 section 232.70 , of cases of child abuse. In addition, the 14 classes of persons enumerated in this subsection shall make a 15 report of abuse of a child who is under twelve years of age 16 and may make a report of abuse of a child who is twelve years 17 of age or older, which would be defined as child abuse under 18 section 232.68, subsection 2 , paragraph “a” , subparagraph (3) , 19 or (5), or (12), except that the abuse resulted from the acts 20 or omissions of a person other than a person responsible for 21 the care of the child. 22 Sec. 3. Section 232.69, Code 2017, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. The department of public health, in 25 cooperation with the crime victim assistance division of the 26 department of justice, the Iowa law enforcement academy, 27 the department of public safety, the attorney general’s 28 office, and any other federal, state, and local governmental 29 agencies and nongovernmental or community organizations with 30 expertise in human trafficking including commercial sexual 31 activity or forced labor or service involving children, 32 shall develop training standards on the subject of human 33 trafficking involving children to include curricula on 34 recognizing human trafficking victims, culturally sensitive and 35 -1- LSB 1508XS (5) 87 kh/rj 1/ 5

S.F. 122 age-appropriate methods for approaching and dealing effectively 1 and appropriately with trafficking victims and minors who 2 are victims or who are impacted by human trafficking, and 3 identifying the appropriate authorities to whom to report 4 potential cases of human trafficking. Mandatory reporter 5 training required under this section shall at a minimum meet 6 the standards developed under this subsection. 7 Sec. 4. Section 232.70, subsection 9, Code 2017, is amended 8 to read as follows: 9 9. If a report would be determined to constitute an 10 allegation of child abuse as defined under section 232.68, 11 subsection 2 , paragraph “a” , subparagraph (3) , or (5), or 12 (12), except that the suspected abuse resulted from the acts 13 or omissions of a person other than a person responsible for 14 the care of the child, the department shall refer the report 15 to the appropriate law enforcement agency having jurisdiction 16 to investigate the allegation. The department shall refer the 17 report orally as soon as practicable and in writing within 18 seventy-two hours of receiving the report. 19 Sec. 5. Section 232.71B, subsection 1, paragraph a, 20 subparagraph (1), Code 2017, is amended to read as follows: 21 (1) Upon acceptance of a report of child abuse, the 22 department shall commence a child abuse assessment when the 23 report alleges child abuse as defined in section 232.68, 24 subsection 2 , paragraph “a” , subparagraphs (1) through (3) and 25 subparagraphs (5) through (11) (12) , or which alleges child 26 abuse as defined in section 232.68, subsection 2 , paragraph “a” , 27 subparagraph (4), that also alleges imminent danger, death, or 28 injury to a child. 29 Sec. 6. Section 235A.18, subsection 1, paragraph b, Code 30 2017, is amended to read as follows: 31 b. Data sealed in accordance with this section shall be 32 expunged eight years after the date the data was sealed. 33 However, if the report data and the disposition data involve 34 child abuse as defined in section 232.68, subsection 2 , 35 -2- LSB 1508XS (5) 87 kh/rj 2/ 5

S.F. 122 paragraph “a” , subparagraph (3) , or (5), or (12), the data 1 shall not be expunged for a period of thirty years. Sealed 2 data shall be made available to the department of justice upon 3 request if the prosecutor’s review committee is reviewing 4 records or if a prosecuting attorney has filed a petition to 5 commit a sexually violent predator under chapter 229A . 6 Sec. 7. Section 280.17, subsection 1, Code 2017, is amended 7 to read as follows: 8 1. The board of directors of a school district and the 9 authorities in charge of a nonpublic school shall prescribe 10 procedures, in accordance with the guidelines contained in 11 the model policy developed by the department of education in 12 consultation with the department of human services, and adopted 13 by the department of education pursuant to chapter 17A , for 14 the handling of reports of child abuse, as defined in section 15 232.68, subsection 2 , paragraph “a” , subparagraph (1), (3), or 16 (5), or (12), alleged to have been committed by an employee or 17 agent of the public or nonpublic school. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill treats certain incidents of human trafficking 22 as child abuse under Code chapter 232, modifies related 23 requirements for mandatory reporters of child abuse and 24 mandatory reporter training, and makes penalties applicable. 25 To the definition of “child abuse” or “abuse”, the bill 26 adds “the acts or omissions of a person responsible for the 27 care of a child which allow, permit, encourage, or require the 28 recruitment, harboring, transportation, provision, obtaining, 29 patronizing, or soliciting of the child for the purpose of 30 commercial sexual activity or forced labor or service” as 31 defined in Code section 710A.1. 32 Under Code section 710A.1, “forced labor or services” means 33 labor or services that are performed or provided by another 34 person and that are obtained or maintained through causing or 35 -3- LSB 1508XS (5) 87 kh/rj 3/ 5

S.F. 122 threatening to cause serious physical injury to any person, 1 physically restraining or threatening to physically restrain 2 another person, abusing or threatening to abuse the law or 3 legal process, or knowingly destroying, concealing, removing, 4 confiscating, or possessing any actual or purported passport or 5 other immigration document, or any other actual or purported 6 government identification document, of another person. 7 “Commercial sexual activity” means any sex act or sexually 8 explicit performance for which anything of value is given, 9 promised to, or received by any person and includes, but is not 10 limited to, prostitution, participation in the production of 11 pornography, and performance in strip clubs. 12 With this change in the definition, the classes of persons 13 required to make a report of child abuse must also make a 14 report of suspected forced labor or services and suspected 15 commercial sexual activity involving a child and complete 16 training relating to the identification and reporting of such 17 child abuse. 18 The department of public health is directed to develop 19 training standards on the subject of human trafficking 20 involving children to include curricula on recognizing 21 human trafficking victims, culturally sensitive and 22 age-appropriate methods for approaching and dealing effectively 23 and appropriately with trafficking victims and minors who 24 are victims or who are impacted by human trafficking, and 25 identifying the appropriate authorities to whom to report 26 potential cases of human trafficking. The standards must be 27 developed in cooperation with the crime victim assistance 28 division of the department of justice, the Iowa law enforcement 29 academy, the department of public safety, the attorney 30 general’s office, and any other federal, state, and local 31 governmental agencies and nongovernmental or community 32 organizations with expertise in human trafficking. 33 The bill makes conforming changes, including provisions 34 relating to commencing child abuse assessments, expunging data 35 -4- LSB 1508XS (5) 87 kh/rj 4/ 5

S.F. 122 under certain conditions, and the procedures school districts 1 and accredited nonpublic schools must use in handling child 2 abuse reports. 3 The civil and criminal sanctions of Code section 232.75 4 apply to a person who fails to report a suspected case of 5 child abuse or knowingly reports false information. If the 6 department of human services issues a finding that the alleged 7 child abuse meets the definition of child abuse, the child 8 abuse central registry provisions of Code chapters 232 and 235A 9 apply. 10 -5- LSB 1508XS (5) 87 kh/rj 5/ 5