House File 52 - Introduced HOUSE FILE 52 BY SALMON A BILL FOR An Act relating to the treatment of certain incidents of 1 human trafficking as child abuse and to mandatory or 2 permissive reporting of such incidents, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1119YH (4) 88 kh/jh

H.F. 52 Section 1. Section 232.68, subsection 2, paragraph a, Code 1 2019, 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 services as defined in section 8 710A.1. 9 Sec. 2. Section 232.69, subsection 1, unnumbered paragraph 10 1, Code 2019, 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 2019, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. The department of public health, 25 in cooperation with the crime victim assistance division 26 of the department of justice, the Iowa law enforcement 27 academy, the department of public safety, the attorney 28 general’s office, the department of education, and any 29 other federal, state, and local governmental agencies and 30 nongovernmental or community organizations with expertise in 31 human trafficking including commercial sexual activity or 32 forced labor or services involving children, shall identify 33 and adopt existing training standards on the subject of human 34 trafficking involving children that include curricula on 35 -1- LSB 1119YH (4) 88 kh/jh 1/ 5

H.F. 52 recognizing human trafficking victims, culturally sensitive and 1 age-appropriate methods for approaching and dealing effectively 2 and appropriately with trafficking victims and minors who 3 are victims or who are impacted by human trafficking, and 4 identifying the appropriate authorities to whom to report 5 potential cases of human trafficking. Mandatory reporter 6 training required under this section shall utilize the 7 standards adopted under this subsection. 8 Sec. 4. Section 232.70, subsection 9, Code 2019, is amended 9 to read as follows: 10 9. If a report would be determined to constitute an 11 allegation of child abuse as defined under section 232.68, 12 subsection 2 , paragraph “a” , subparagraph (3) , or (5), or 13 (12), except that the suspected abuse resulted from the acts 14 or omissions of a person other than a person responsible for 15 the care of the child, the department shall refer the report 16 to the appropriate law enforcement agency having jurisdiction 17 to investigate the allegation. The department shall refer the 18 report orally as soon as practicable and in writing within 19 seventy-two hours of receiving the report. 20 Sec. 5. Section 232.71B, subsection 1, paragraph a, 21 subparagraph (1), Code 2019, is amended to read as follows: 22 (1) Upon acceptance of a report of child abuse, the 23 department shall commence a child abuse assessment when the 24 report alleges child abuse as defined in section 232.68, 25 subsection 2 , paragraph “a” , subparagraphs (1) through (3) and 26 subparagraphs (5) through (11) (12) , or which alleges child 27 abuse as defined in section 232.68, subsection 2 , paragraph “a” , 28 subparagraph (4), that also alleges imminent danger, death, or 29 injury to a child. 30 Sec. 6. Section 235A.18, subsection 1, paragraph b, Code 31 2019, is amended to read as follows: 32 b. Data sealed in accordance with this section shall be 33 expunged eight years after the date the data was sealed. 34 However, if the report data and the disposition data involve 35 -2- LSB 1119YH (4) 88 kh/jh 2/ 5

H.F. 52 child abuse as defined in section 232.68, subsection 2 , 1 paragraph “a” , subparagraph (3) , or (5), or (12), the data 2 shall not be expunged for a period of thirty years. Sealed 3 data shall be made available to the department of justice upon 4 request if the prosecutor’s review committee is reviewing 5 records or if a prosecuting attorney has filed a petition to 6 commit a sexually violent predator under chapter 229A . 7 Sec. 7. Section 280.17, subsection 1, Code 2019, is amended 8 to read as follows: 9 1. The board of directors of a school district and the 10 authorities in charge of a nonpublic school shall prescribe 11 procedures, in accordance with the guidelines contained in 12 the model policy developed by the department of education in 13 consultation with the department of human services, and adopted 14 by the department of education pursuant to chapter 17A , for 15 the handling of reports of child abuse, as defined in section 16 232.68, subsection 2 , paragraph “a” , subparagraph (1), (3), or 17 (5), or (12), alleged to have been committed by an employee or 18 agent of the public or nonpublic school. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill treats certain incidents of human trafficking 23 as child abuse under Code chapter 232, modifies related 24 requirements for mandatory reporters of child abuse, and makes 25 penalties applicable. 26 To the definition of “child abuse” or “abuse”, the bill 27 adds “the acts or omissions of a person responsible for the 28 care of a child which allow, permit, encourage, or require the 29 recruitment, harboring, transportation, provision, obtaining, 30 patronizing, or soliciting of the child for the purpose of 31 commercial sexual activity or forced labor or services” as 32 defined in Code section 710A.1. 33 Under Code section 710A.1, “forced labor or services” means 34 labor or services that are performed or provided by another 35 -3- LSB 1119YH (4) 88 kh/jh 3/ 5

H.F. 52 person and that are obtained or maintained through causing or 1 threatening to cause serious physical injury to any person; 2 physically restraining or threatening to physically restrain 3 another person; abusing or threatening to abuse the law or 4 legal process; or knowingly destroying, concealing, removing, 5 confiscating, or possessing any actual or purported passport or 6 other immigration document, or any other actual or purported 7 government identification document, of another person. Also 8 under Code section 710A.1, “commercial sexual activity” means 9 any sex act or sexually explicit performance for which anything 10 of value is given, promised to, or received by any person and 11 includes, but is not limited to, prostitution, participation in 12 the production of pornography, and performance in strip clubs. 13 The department of public health is directed, in cooperation 14 with certain federal, state, and local governmental agencies 15 and nongovernmental or community organizations, to identify 16 and adopt existing training standards on the subject of human 17 trafficking involving children that include curricula on 18 recognizing human trafficking victims, culturally sensitive 19 and age-appropriate methods for approaching and dealing with 20 trafficking victims and affected minors, and identifying the 21 appropriate authorities to whom to report potential cases of 22 human trafficking. Mandatory reporter training must utilize 23 these standards. 24 With this change in the definition of child abuse, the 25 classes of persons required or authorized to make a report of 26 child abuse must also make a report of suspected forced labor 27 or services and suspected commercial sexual activity involving 28 a child. 29 The bill makes conforming changes, including provisions 30 relating to commencing child abuse assessments, referring 31 reports to law enforcement, expunging data under certain 32 conditions, and the procedures school districts and accredited 33 nonpublic schools must use in handling child abuse reports. 34 The civil and criminal sanctions of Code section 232.75 35 -4- LSB 1119YH (4) 88 kh/jh 4/ 5

H.F. 52 apply to a person who fails to report a suspected case of 1 child abuse or knowingly reports false information. If the 2 department of human services issues a finding that the alleged 3 child abuse meets the definition of child abuse, the child 4 abuse central registry provisions of Code chapters 232 and 235A 5 apply. 6 -5- LSB 1119YH (4) 88 kh/jh 5/ 5