HSB 746 (LSB 6348YC (7) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR)

A BILL FOR

An Act relating to human trafficking, including civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80.45, subsection 3, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  Hold an annual meeting of stakeholders to develop legislative proposals to combat human trafficking, and submit a report, by December 15, 2024, and annually thereafter for a period of five years ending with the submission of the report in 2029, to the governor and general assembly. Participants shall include the following:
   (1)  Two members of the senate, one of whom shall be appointed by the majority leader of the senate, and one of whom shall be appointed by the minority leader of the senate.
   (2)  Two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the minority leader of the house of representatives.
   (3)  A representative of the department of public safety.
   (4)  A representative of the office to combat human trafficking.
   (5)  A representative of the attorney general’s office.
   (6)  A representative of the department of health and human services.
   (7)  A representative of juvenile court services.
   (8)  A chief of police or head law enforcement official of a city in this state.
   (9)  A county sheriff.
   (10)  A county attorney who serves on a child protection assistance team under section 915.35, subsection 4, paragraph “a”.
   (11)  A public defender or criminal law attorney with experience working on human trafficking cases.
   (12)  A member of the public, or the person’s legal representative, who is a former human trafficking victim.
   (13)  A representative from the Iowa network against human trafficking.
    Sec. 2.  Section 614.8, subsection 2, Code 2024, is amended to read as follows:
   2.  Except as provided in section 614.1, subsection 9, or section 614.8A, the times limited for actions in this chapter, or chapter 216, 659A, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.
    Sec. 3.  Section 614.8A, Code 2024, is amended to read as follows:
   614.8A  Damages Commencement of action for child or minor sexual abuse or human trafficking —— time limitation.
   1.  Notwithstanding section 614.8, subsection 2, and the times limited for actions in this chapter, the time to file an action related to sexual abuse or human trafficking that occurred when the injured person was a minor is extended to five years beyond the minor’s attainment of eighteen years of age.
   2.  An In addition to the extension of the time provided in subsection 1, an action for damages for injury suffered as a result of sexual abuse which or human trafficking that occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four five years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse or human trafficking.
    Sec. 4.  NEW SECTION.  710A.8  Deposition of a victim of human trafficking.
   1.  For the purposes of this section, “video deposition” means the recording of video, with sound, of witness testimony made under oath to be entered in the record in a judicial proceeding.
   2.  In any criminal prosecution under this chapter, the court, upon motion of the county attorney or attorney general, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of human trafficking without regard to the age of the victim.
   3.  On any motion for a video deposition of the victim, the court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim.
   4.  During the recording of a video deposition authorized pursuant to this section, the following persons may be in the room with the victim:
   a.  The prosecuting attorney.
   b.  The attorney for the defendant.
   c.  A person whose presence, in the judgment of the court, contributes to the well-being of the victim and who has dealt with the victim in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution.
   d.  Additional persons, other than the defendant, in the discretion of the court.
   5.  Examination and cross-examination of the victim shall proceed at the taking of the video deposition as though the victim was testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition at a suitable and reasonable time prior to the trial of the case. The court, except upon motion of the attorney for the defendant, and upon good cause shown to disclose the video to certain specified individuals, shall enter a protective order prohibiting the attorney for the defendant from copying, reproducing, or distributing the video deposition. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim and shall be viewed and heard at the trial of the case.
   6.  All costs associated with the recording of a deposition ordered pursuant to this section shall be paid by the state.
   7.  All recordings of video depositions ordered pursuant to this section shall be subject to any protective order of the court for the purpose of protecting the privacy of the victim of the offense.
   8.  A video recording of a deposition shall be kept as other evidence and shall be held until the defendant is acquitted or is released from the custody of the department of corrections. A defendant may pay to have the recording retained for an additional period of time.
   9.  Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim. During the testimony of the victim, the defendant shall be provided access to view the testimony by closed circuit television or other electronic method out of the presence of the victim and shall be allowed to communicate with the defendant’s attorney by any appropriate method.
    Sec. 5.  Section 910.1, subsections 1 and 2, Code 2024, are amended to read as follows:
   1.  “Category “A” restitution” means fines, penalties, the payment of crime victim compensation program reimbursements, and surcharges.
   2.  “Category “B” restitution” means the contribution of funds to a local anticrime organization which that provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, court costs, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and payment to the medical assistance program pursuant to chapter 249A for expenditures paid on behalf of the victim resulting from the offender’s criminal activities including investigative costs incurred by the Medicaid fraud control unit pursuant to section 249A.50.
    Sec. 6.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— RESTORATION FACILITIES.  The department of health and human services shall develop a plan to increase the availability of restoration facilities and protective services available to juvenile victims of human trafficking, including juvenile victims who are not, at the time of victimization, either a child in need of assistance or otherwise involved in the juvenile court system. The department shall consider developing a network with other states to provide housing outside of the state for victims at risk of returning to the person involved in the victim’s trafficking. The department of health and human services shall present a report detailing the plan to the governor and the general assembly by December 15, 2024.
    Sec. 7.  OFFICE OF THE ATTORNEY GENERAL —— HUMAN TRAFFICKING —— APPROPRIATION.  There is appropriated from the general fund of the state to the office of the attorney general for the fiscal year beginning July 1, 2024, and ending June 30, 2025, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For the creation of a joint unit involving the attorney general’s office, and the Iowa office to combat human trafficking within the division of intelligence and fusion center of the department of public safety, for the purpose of investigating and prosecuting human trafficking cases:
   ...................................................................... $    750,000
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to human trafficking, including civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution.
   The bill directs the office to combat human trafficking within the department of public safety to hold an annual meeting of stakeholders to develop legislative proposals to combat human trafficking, and submit a report to the governor and general assembly by December 15, 2024, and annually thereafter for five years until the submission of the report in 2029. The bill specifies the participants in the meeting.
   The bill increases the statute of limitations for commencing an action for sexual abuse or human trafficking of a minor or child to five years after the victim has attained 18 years of age.
   The bill provides that in any criminal prosecution under Code chapter 710A (human trafficking), the court, upon motion of the county attorney or attorney general, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of human trafficking without regard to the age of the victim. The court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim.
   The bill provides that during the recording of a video deposition, the following persons may be in the room with the victim: the prosecuting attorney; the attorney for the defendant; a person whose presence, in the judgment of the court, contributes to the well-being of the victim and who has dealt with the victim in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution; and additional persons, other than the defendant, in the discretion of the court.
   The bill provides that examination and cross-examination of the victim shall proceed at the taking of the video deposition as though the victim was testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition prior to the trial of the case. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim and shall be viewed and heard at the trial of the case. Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim. During the testimony of the victim, the defendant shall be provided access by closed circuit television or other electronic means to view the testimony out of the presence of the victim and shall be allowed to communicate with the defendant’s attorney by any appropriate method.
   Current law provides that “category “A” restitution” means fines, penalties, and surcharges, and “category “B” restitution” means the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to Code section 321J.2(13)(b) (operating while under the influence), court costs, court-appointed attorney fees, and payment to the medical assistance program.
   The bill provides that the payment of crime victim compensation program reimbursements is category “A” restitution.
   The bill directs the department of health and human services to develop a plan to increase the availability of restoration facilities and protective services available to juvenile victims of human trafficking, including juvenile victims who are not, at the time of victimization, either a child in need of assistance or otherwise involved in the juvenile court system. The department shall consider developing a network with other states to provide housing outside of the state for victims at risk of returning to the person involved in the victim’s trafficking. A report detailing the plan shall be presented to the governor and the general assembly by December 15, 2024.
   The bill appropriates from the general fund of the state to the office of the attorney general for the fiscal year beginning July 1, 2024, and ending June 30, 2025, $750,000 to be used for the purpose of creating a joint unit involving the attorney general’s office, and the Iowa office to combat human trafficking within the division of intelligence and fusion center of the department of public safety, for the purpose of investigating and prosecuting human trafficking cases.