House File 2385 - Introduced HOUSE FILE 2385 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 527) A BILL FOR An Act relating to reports of child abuse, and sexual 1 exploitation by a counselor, therapist, or school employee, 2 and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5273HV (4) 89 as/rh

H.F. 2385 Section 1. Section 232.69, subsection 1, unnumbered 1 paragraph 1, Code 2022, is amended to read as follows: 2 The classes of persons enumerated in this subsection shall 3 make a report within twenty-four hours and as provided in 4 section 232.70 , of cases of child abuse. In addition, the 5 classes of persons enumerated in this subsection shall make a 6 report of abuse of a child who is under twelve years of age 7 and may shall make a report of abuse of a child who is twelve 8 years of age or older, which would be defined as child abuse 9 under section 232.68, subsection 2 , paragraph “a” , subparagraph 10 (3) or (5), except that the abuse resulted from the acts or 11 omissions of a person other than a person responsible for the 12 care of the child. 13 Sec. 2. Section 709.15, subsection 1, paragraphs g and h, 14 Code 2022, are amended to read as follows: 15 g. (1) “School employee” means any of the following, except 16 as provided in subparagraph (2): 17 (a) A person who holds a license, certificate, or statement 18 of professional recognition issued under chapter 272 . 19 (b) A person who holds an authorization issued under chapter 20 272 . 21 (c) A person employed by a school district , nonpublic 22 elementary or secondary school, or charter school full-time, 23 part-time, or as a substitute. 24 (d) A person who performs services as a volunteer for a 25 school district , nonpublic elementary or secondary school, or 26 charter school and who has direct supervisory authority over 27 the any student with whom the person and engages in conduct 28 prohibited under subsection 3 , paragraph “a” , with any student . 29 (i) This subparagraph division shall not apply to a 30 student enrolled in a school district, nonpublic elementary 31 or secondary school, or charter school in any grade from 32 kindergarten through grade twelve providing volunteer services 33 to the school district, nonpublic elementary or secondary 34 school, or charter school. 35 -1- LSB 5273HV (4) 89 as/rh 1/ 4

H.F. 2385 (ii) This subparagraph division shall not apply to a 1 volunteer for a school district, nonpublic elementary or 2 secondary school, or charter school who is under twenty-one 3 years of age who does not have, and has not had, direct 4 supervisory authority over the student with whom the person 5 engages in conduct prohibited under subsection 3, paragraph 6 “a” . 7 (e) A person who provides services under a contract for 8 such services to a school district , nonpublic elementary 9 or secondary school, or charter school and who has direct 10 supervisory authority over the any student with whom the person 11 and engages in conduct prohibited under subsection 3 , paragraph 12 “a” , with any student . 13 (f) A person employed by a community college full-time, 14 part-time, or as a substitute who provides instruction to 15 high school students under a sharing or concurrent enrollment 16 program offered in accordance with section 257.11 or 261E.8 . 17 (2) “School employee” does not include a student enrolled in 18 the school district , nonpublic elementary or secondary school, 19 or charter school . 20 h. “Student” means a person who is currently enrolled in 21 or attending a public or nonpublic elementary or secondary 22 school or charter school , or who was a student enrolled in or 23 who attended a public or nonpublic elementary or secondary 24 school or charter school within thirty days of any violation of 25 subsection 3 . 26 Sec. 3. Section 709.15, subsection 3, paragraph c, Code 27 2022, is amended to read as follows: 28 c. The provisions of this subsection do not apply to 29 a person who is employed by a school district attendance 30 center if the student with whom the person engages in conduct 31 prohibited under subsection 3 , paragraph “a” , is not enrolled 32 in the same school district attendance center that employs the 33 person , the person does not have direct supervisory authority 34 over the student, and the person does not meet the requirements 35 -2- LSB 5273HV (4) 89 as/rh 2/ 4

H.F. 2385 of subsection 1 , paragraph “g” , subparagraph (1), subparagraph 1 division (a). 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to reports of child abuse, and sexual 6 exploitation by a counselor, therapist, or school employee. 7 The bill provides that a person who is a mandatory reporter 8 of child abuse shall make a report of child abuse of a child 9 who is 12 years of age or older. Current law provides that a 10 mandatory reporter of child abuse may make a report of child 11 abuse for a child who is 12 years of age or older. 12 The bill adds a person employed by, performing volunteer 13 services for, or providing contract services to a nonpublic 14 elementary or secondary school or charter school who has direct 15 supervisory authority over any student and engages in conduct 16 prohibited under Code section 709.15 (sexual exploitation by a 17 counselor, therapist, or school employee) with any student to 18 the definition of “school employee”. 19 The bill provides that provisions of the bill concerning 20 volunteers do not apply to a student enrolled in any grade from 21 kindergarten through grade twelve providing volunteer services 22 at a school or to a volunteer who is under 21 years of age who 23 does not have, and has not had, direct supervisory authority 24 over the student with whom the person engages in prohibited 25 conduct. 26 A school employee who commits sexual exploitation commits 27 either a class “D” felony or an aggravated misdemeanor, 28 depending on the nature of the offense. A class “D” felony 29 is punishable by confinement for no more than five years 30 and a fine of at least $1,025 but not more than $10,245. An 31 aggravated misdemeanor is punishable by confinement for no more 32 than two years and a fine of at least $855 but not more than 33 $8,540. 34 A person who commits a violation of Code section 709.15 35 -3- LSB 5273HV (4) 89 as/rh 3/ 4

H.F. 2385 is subject to a special sentence under Code section 903B.2; 1 is classified as a tier II sex offender under Code section 2 692A.102(1)(b)(11) if the child is 13 years of age or older, or 3 a tier III sex offender under Code section 692A.102(1)(c)(28) 4 if the child is under 13 years of age, and is required to 5 register as a sex offender under Code section 692A.103; and is 6 subject to a no-contact order upon release from jail or prison 7 under Code section 709.19 and hormonal intervention therapy 8 under Code section 903B.10(3)(h). 9 A violation of Code section 709.15 is a forcible felony under 10 Code section 702.11. 11 -4- LSB 5273HV (4) 89 as/rh 4/ 4