S.F. 105 Section 1. Section 614.1, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 15. Sexual exploitation of a student with 3 a disability by an employee of a community college. An action 4 for damages for injury suffered as a result sexual exploitation 5 of a student with a disability by an employee of a community 6 college, as defined in section 709.15A, shall be brought within 7 five years of the date the victim last received 4+ services 8 from an employee of a community college. 9 Sec. 2. Section 692A.102, subsection 1, paragraph b, 10 subparagraph (11), Code 2021, is amended to read as follows: 11 (11) Sexual exploitation by a counselor, therapist, or 12 school employee in violation of section 709.15 , or sexual 13 exploitation of a student with a disability by an employee of 14 a community college in violation of section 709.15A, if the 15 victim is thirteen years of age or older. 16 Sec. 3. Section 702.11, subsection 2, paragraph d, Code 17 2021, is amended to read as follows: 18 d. Sexual exploitation by a counselor, therapist, or school 19 employee in violation of section 709.15 , or sexual exploitation 20 of a student with a disability by an employee of a community 21 college in violation of section 709.15A . 22 Sec. 4. NEW SECTION . 709.15A Sexual exploitation of a 23 student with a disability by an employee of a community college. 24 1. As used in this section: 25 a. “4+ services” means secondary planning and transition 26 services intended to give students vocational and life skills 27 to increase independence in adulthood which are part of 28 a student with a disability’s secondary schooling and are 29 included in the student’s individualized education program. 30 b. “Employee of a community college” means a person employed 31 by a community college who, pursuant to a contract between a 32 school district and the community college, provides 4+ services 33 to a student with a disability who is between the ages of 34 eighteen and twenty-one, and includes any of the following: 35 -1- LSB 2049XS (2) 89 as/rh 1/ 5

S.F. 105 (1) A person who holds a license, certificate, or statement 1 of professional recognition issued under chapter 272. 2 (2) A person who holds an authorization issued under chapter 3 272. 4 (3) A person employed by the community college full-time, 5 part-time, or as a substitute. 6 (4) A person who performs services as a volunteer for a 7 community college and who has direct contact with the student 8 receiving 4+ services. 9 (5) A person who provides services under a contract for such 10 services to a community college and who has direct contact with 11 the student receiving 4+ services. 12 c. “Individualized education program” means a written 13 statement for each student with a disability identified under 14 the law who is attending a secondary educational institution, 15 that is developed, reviewed, and revised to ensure that the 16 student with a disability receives specialized instruction and 17 related services. 18 d. “Student with a disability” means a person between 19 the ages of eighteen and twenty-one who has a disability in 20 obtaining an education because of a head injury, autism, 21 behavioral disorder, or physical, mental, communication, or 22 learning disability, as defined by the rules of the department 23 of education. 24 2. a. Sexual exploitation of a student with a disability 25 by an employee of a community college occurs when any of the 26 following are found: 27 (1) A pattern or practice or scheme of conduct to engage in 28 any of the conduct described in subparagraph (2). 29 (2) Any sexual conduct with a student with a disability for 30 the purpose of arousing or satisfying the sexual desires of 31 the school employee or the student with a disability. Sexual 32 conduct includes but is not limited to the following: 33 (a) Kissing. 34 (b) Touching of the clothed or unclothed inner thigh, 35 -2- LSB 2049XS (2) 89 as/rh 2/ 5

S.F. 105 breast, groin, buttock, anus, pubes, or genitals. 1 (c) A sex act as defined in section 702.17. 2 b. Sexual exploitation of a student with a disability by 3 an employee of a community college does not include touching 4 that is necessary in the performance of the community college 5 employee’s duties while acting within the scope of employment. 6 3. a. A community college employee who commits sexual 7 exploitation of a student with a disability in violation of 8 subsection 2, paragraph “a” , subparagraph (1), commits a class 9 “D” felony. 10 b. A community college employee who commits sexual 11 exploitation of a student with a disability in violation of 12 subsection 2, paragraph “a” , subparagraph (2), commits an 13 aggravated misdemeanor. 14 Sec. 5. Section 709.19, subsection 1, Code 2021, is amended 15 to read as follows: 16 1. Upon the filing of an affidavit by a victim, or a parent 17 or guardian on behalf of a minor who is a victim, of a crime 18 that is a sexual offense in violation of section 709.2 , 709.3 , 19 709.4 , 709.8 , 709.9 , 709.11 , 709.12 , 709.14 , 709.15 , 709.15A, 20 or 709.16 , that states that the presence of or contact with 21 the defendant whose release from jail or prison is imminent or 22 who has been released from jail or prison continues to pose a 23 threat to the safety of the victim, persons residing with the 24 victim, or members of the victim’s immediate family, the court 25 shall enter a temporary no-contact order which shall require 26 the defendant to have no contact with the victim, persons 27 residing with the victim, or members of the victim’s immediate 28 family. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill establishes the criminal offense of sexual 33 exploitation of a student with a disability by an employee of a 34 community college and provides penalties. 35 -3- LSB 2049XS (2) 89 as/rh 3/ 5

S.F. 105 The bill defines “employee of a community college” to 1 mean a person employed by a community college who, pursuant 2 to a contract between a school district and the community 3 college, provides 4+ services to a student with a disability 4 who is between the ages of 18 and 21, and includes any of 5 the following: a person who holds a license, certificate, 6 statement of professional recognition, or an authorization 7 issued under Code chapter 272, whether employed full-time, 8 part-time, or as a substitute. The definition also includes 9 a volunteer for a community college and a person who provides 10 services under a contract for such services to a community 11 college, and who has direct contact with the student receiving 12 4+ services. 13 The bill defines “4+ services” as secondary planning 14 and transition services intended to give a student with 15 a disability vocational and life skills to increase 16 independence in adulthood which are part of a student with 17 a disability’s secondary schooling and are included in the 18 student’s individualized education program. A “student with 19 a disability” means a person between the ages of 18 and 21 20 who has a disability in obtaining an education because of a 21 head injury, autism, behavioral disorder, or physical, mental, 22 communication, or learning disability. 23 The bill provides that sexual exploitation of a student 24 with a disability by an employee of a community college occurs 25 when any of the following are found: a pattern or practice 26 or scheme of conduct to engage in any sexual conduct with 27 a student with a disability for the purpose of arousing or 28 satisfying the sexual desires of the community college employee 29 or the student with a disability. Sexual conduct includes 30 but is not limited to: kissing, touching of the clothed or 31 unclothed inner thigh, breast, groin, buttock, anus, pubes, or 32 genitals, or a sex act as defined in Code section 702.17. It 33 does not include touching that is necessary in the performance 34 of the community college employee’s duties while acting within 35 -4- LSB 2049XS (2) 89 as/rh 4/ 5

S.F. 105 the scope of employment. 1 The bill provides that an employee of a community college who 2 engages in a pattern or practice or scheme of conduct to engage 3 in such sexual conduct with a student with a disability commits 4 a class “D” felony. An employee of a community college commits 5 an aggravated misdemeanor if the employee of a community 6 college engages in such sexual conduct with a student with a 7 disability. 8 A class “D” felony is punishable by confinement for no more 9 than five years and a fine of at least $1,025 but not more 10 than $10,245. An aggravated misdemeanor is punishable by 11 confinement for no more than two years and a fine of at least 12 $855 but not more than $8,540. 13 A person who violates the bill is also subject to a special 14 sentence under Code section 903B.2. A special sentence is a 15 punishment in addition to the punishment for the underlying 16 criminal offense committing the person into the custody of the 17 director of the Iowa department of corrections for a period 18 of 10 years. A person serving a special sentence begins the 19 sentence as if on parole or work release but the sentence is 20 subject to a revocation of release for up to two years for a 21 first revocation and five years for any second or subsequent 22 revocation. 23 A person who violates the bill is classified as a tier II sex 24 offender under Code section 692A.102(1)(b)(11) if the child is 25 13 years of age or older, and is required to register as a sex 26 offender under Code section 692A.103. 27 The bill makes conforming Code changes to Code sections 28 614.1 (statute of limitations periods), 702.11 (definition of 29 forcible felony), and 709.19 (no-contact order upon dependant’s 30 release from jail or prison). 31 -5- LSB 2049XS (2) 89 as/rh 5/ 5