House Study Bill 527 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to sexual exploitation by a counselor, 1 therapist, or school employee, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5273YC (4) 89 as/rh

H.F. _____ Section 1. Section 709.15, subsection 1, paragraphs g and h, 1 Code 2022, are amended to read as follows: 2 g. (1) “School employee” means any of the following, except 3 as provided in subparagraph (2): 4 (a) A person who holds a license, certificate, or statement 5 of professional recognition issued under chapter 272 . 6 (b) A person who holds an authorization issued under chapter 7 272 . 8 (c) A person employed by a school district , nonpublic 9 elementary or secondary school, or charter school full-time, 10 part-time, or as a substitute. 11 (d) A person who performs services as a volunteer for a 12 school district , nonpublic elementary or secondary school, or 13 charter school and who has direct supervisory authority over 14 the student with whom the person engages in conduct prohibited 15 under subsection 3 , paragraph “a” . 16 (e) A person who provides services under a contract for such 17 services to a school district and who has direct supervisory 18 authority over the student with whom the person , nonpublic 19 elementary or secondary school, or charter school engages in 20 conduct prohibited under subsection 3 , paragraph “a” . 21 (f) A person employed by a community college full-time, 22 part-time, or as a substitute who provides instruction to 23 high school students under a sharing or concurrent enrollment 24 program offered in accordance with section 257.11 or 261E.8 . 25 (2) “School employee” does not include a student enrolled 26 in the school district. 27 h. “Student” means a person who is currently enrolled in 28 or attending a public or nonpublic elementary or secondary 29 school or charter school , or who was a student enrolled in or 30 who attended a public or nonpublic elementary or secondary 31 school or charter school within thirty days of any violation of 32 subsection 3 . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 5273YC (4) 89 as/rh 1/ 2

H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to sexual exploitation by a counselor, 2 therapist, or school employee. 3 The bill adds a person employed by, performing volunteer 4 services for, or providing contract services to a nonpublic 5 elementary or secondary school or charter school to the 6 definition of “school employee”. 7 The bill adds a person currently enrolled in or attending 8 a charter school, or a person who was a student enrolled in 9 or attending a charter school within 30 days of any sexual 10 exploitation by a school employee in violation of Code section 11 709.15(3) to the definition of “student”. 12 A school employee who commits sexual exploitation commits 13 either a class “D” felony or an aggravated misdemeanor, 14 depending on the nature of the offense. A class “D” felony 15 is punishable by confinement for no more than five years 16 and a fine of at least $1,025 but not more than $10,245. An 17 aggravated misdemeanor is punishable by confinement for no more 18 than two years and a fine of at least $855 but not more than 19 $8,540. 20 A person who violates the bill is subject to a special 21 sentence under Code section 903B.2; is classified as a tier II 22 sex offender under Code section 692A.102(1)(b)(11) if the child 23 is 13 years of age or older, or a tier III sex offender under 24 Code section 692A.102(1)(c)(28) if the child is under 13 years 25 of age, and is required to register as a sex offender under 26 Code section 692A.103; and is subject to a no-contact order 27 upon release from jail or prison under Code section 709.19 and 28 hormonal intervention therapy under Code section 903B.10(3)(h). 29 A violation of the bill is a forcible felony under Code 30 section 702.11. 31 -2- LSB 5273YC (4) 89 as/rh 2/ 2