House File 908 - Introduced HOUSE FILE 908 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 452) A BILL FOR An Act relating to human trafficking, including screening 1 children, civil statutes of limitations, an annual 2 stakeholder meeting and report, depositions of victims, 3 restitution, restorative facilities and protective 4 services, and investigation and prosecution, and making 5 appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1992HV (3) 91 as/js

H.F. 908 Section 1. Section 80.45, subsection 3, Code 2025, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . i. Hold an annual meeting of stakeholders to 3 develop legislative proposals to combat human trafficking, and 4 submit a report, by December 15, 2025, and annually thereafter 5 for a period of five years ending with the submission of 6 the report in 2030, to the governor and general assembly. 7 Participants shall include the following: 8 (1) A representative of the department of public safety. 9 (2) A representative of the office to combat human 10 trafficking. 11 (3) A representative of the attorney general’s office. 12 (4) A representative of the department of health and human 13 services. 14 (5) A representative of juvenile court services. 15 (6) A chief of police or head law enforcement official of a 16 city in this state. 17 (7) A county sheriff. 18 (8) A county attorney who serves on a child protection 19 assistance team under section 915.35, subsection 4, paragraph 20 “ a” . 21 (9) A public defender or criminal law attorney with 22 experience working on human trafficking cases. 23 (10) A member of the public, or the person’s legal 24 representative, who is a former human trafficking victim. 25 (11) A representative from the Iowa network against human 26 trafficking. 27 (12) A representative from a nonprofit organization whose 28 primary focus is services for human trafficking survivors. 29 Sec. 2. Section 232.2, Code 2025, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 7A. “Commercial sexual exploitation” refers 32 to a range of crimes and activities involving the sexual abuse 33 or exploitation of a child for the financial benefit of any 34 person or in exchange for anything of value including monetary 35 -1- LSB 1992HV (3) 91 as/js 1/ 8

H.F. 908 and nonmonetary benefits given or received by any person. 1 Sec. 3. Section 232.28, subsection 2, Code 2025, is amended 2 to read as follows: 3 2. The Upon receiving a complaint under subsection 1, the 4 court or its designee shall refer do all of the following: 5 a. Refer the complaint to an intake officer who shall 6 consult with law enforcement authorities having knowledge of 7 the facts and conduct a preliminary inquiry to determine what 8 action should be taken. 9 b. Order the child subject to the complaint to be screened 10 for commercial sexual exploitation using a standardized, 11 evidence-based, trauma-informed screening tool. 12 Sec. 4. Section 232.50, Code 2025, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3A. Prior to the final dispositional 15 hearing of a child, the court shall require a substance use 16 disorder screening of the child. 17 Sec. 5. Section 232.71B, subsection 1, paragraph a, 18 unnumbered paragraph 1, Code 2025, is amended to read as 19 follows: 20 If the department determines a report constitutes a child 21 abuse allegation, the department shall promptly have the child 22 subject to the child abuse allegation screened for commercial 23 sexual exploitation using a standardized, evidence-based, 24 trauma-informed screening tool, and shall commence either a 25 child abuse assessment within twenty-four hours of receiving 26 the report or a family assessment within seventy-two hours of 27 receiving the report. 28 Sec. 6. Section 614.8, subsection 2, Code 2025, is amended 29 to read as follows: 30 2. Except as provided in section 614.1, subsection 9 , or 31 section 614.8A, the times limited for actions in this chapter , 32 or chapter 216 , 659A , 669 , or 670 , except those brought for 33 penalties and forfeitures, are extended in favor of minors, 34 so that they shall have one year five years from and after 35 -2- LSB 1992HV (3) 91 as/js 2/ 8

H.F. 908 attainment of majority within which to file a complaint 1 pursuant to chapter 216 , to make a claim pursuant to chapter 2 669 , or to otherwise commence an action. 3 Sec. 7. Section 614.8A, Code 2025, is amended to read as 4 follows: 5 614.8A Damages Commencement of action for child or minor 6 sexual abuse or human trafficking —— time limitation. 7 1. Notwithstanding section 614.8, subsection 2, and the 8 times limited for actions in this chapter, the time to file 9 an action related to sexual abuse or human trafficking that 10 occurred when the injured person was a minor is extended to 11 five years beyond the minor’s attainment of eighteen years of 12 age. 13 2. An In addition to the extension of the time provided in 14 subsection 1, an action for damages for injury suffered as a 15 result of sexual abuse which or human trafficking that occurred 16 when the injured person was a child, but not discovered until 17 after the injured person is of the age of majority, shall 18 be brought within four five years from the time of discovery 19 by the injured party of both the injury and the causal 20 relationship between the injury and the sexual abuse or human 21 trafficking . 22 Sec. 8. Section 710A.1, subsection 4, paragraph a, 23 unnumbered paragraph 1, Code 2025, is amended to read as 24 follows: 25 “Human trafficking” means participating in a venture to 26 recruit, harbor, transport, supply provisions, or obtain 27 recruiting, harboring, transporting, supplying provisions to, 28 obtaining, patronizing, or soliciting a person for any of the 29 following purposes: 30 Sec. 9. Section 710A.1, subsection 10, Code 2025, is amended 31 to read as follows: 32 10. “Services” means an ongoing relationship between a 33 person and the actor in which the person performs performing 34 activities under the supervision of or for the benefit of the 35 -3- LSB 1992HV (3) 91 as/js 3/ 8

H.F. 908 an actor, including commercial sexual activity and sexually 1 explicit performances. 2 Sec. 10. Section 725.1, subsection 1, paragraph b, Code 3 2025, is amended to read as follows: 4 b. If the person who sells or offers for sale the person’s 5 services as a partner in a sex act is under the age of eighteen, 6 the county attorney may elect, in lieu of filing a petition 7 alleging that the person has committed a delinquent act, to 8 refer that person that the person shall not be arrested, 9 charged, or prosecuted for an offense under this section, but 10 instead may be taken into temporary custody under section 11 232.78 or 232.79 or shall be referred to the department of 12 health and human services for the possible filing of a petition 13 alleging that the person is a child in need of assistance. 14 Sec. 11. Section 910.1, subsections 1 and 2, Code 2025, are 15 amended to read as follows: 16 1. “Category “A” restitution” means fines, penalties, the 17 payment of crime victim compensation program reimbursements, 18 and surcharges. 19 2. “Category “B” restitution” means the contribution of 20 funds to a local anticrime organization which that provided 21 assistance to law enforcement in an offender’s case, the 22 payment of crime victim compensation program reimbursements, 23 payment of restitution to public agencies pursuant to 24 section 321J.2, subsection 13 , paragraph “b” , court costs, 25 court-appointed attorney fees ordered pursuant to section 26 815.9 , including the expense of a public defender, and payment 27 to the medical assistance program pursuant to chapter 249A for 28 expenditures paid on behalf of the victim resulting from the 29 offender’s criminal activities including investigative costs 30 incurred by the Medicaid fraud control unit pursuant to section 31 249A.50 . 32 Sec. 12. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 33 RESTORATION FACILITIES. The department of health and human 34 services shall develop a plan in consultation with nonprofit 35 -4- LSB 1992HV (3) 91 as/js 4/ 8

H.F. 908 service providers who provide restoration services to 1 victims of human trafficking to increase the availability of 2 restoration facilities and protective services available to 3 juvenile victims of human trafficking, including juvenile 4 victims who are not, at the time of victimization, either 5 a child in need of assistance or otherwise involved in 6 the juvenile court system. The department shall consider 7 developing a network with other states to provide housing 8 outside of the state for victims at risk of returning to the 9 person involved in the victim’s trafficking. The department of 10 health and human services shall present a report detailing the 11 plan to the governor and the general assembly by December 15, 12 2025. 13 Sec. 13. OFFICE OF THE ATTORNEY GENERAL —— HUMAN TRAFFICKING 14 —— APPROPRIATION. There is appropriated from the general fund 15 of the state to the office of the attorney general for the 16 fiscal year beginning July 1, 2025, and ending June 30, 2026, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For the creation of a joint unit involving the attorney 20 general’s office, and the Iowa office to combat human 21 trafficking within the division of intelligence and fusion 22 center of the department of public safety, for the purpose 23 of investigating and prosecuting human trafficking cases, 24 collecting and analyzing human trafficking data, evaluating 25 the effectiveness of state-funded initiatives to combat human 26 trafficking, and working with state agencies to report data on 27 human trafficking investigations and prosecutions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 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 relates to human trafficking, including civil 33 statutes of limitations, an annual stakeholder meeting and 34 report, depositions of victims, restitution, restorative 35 -5- LSB 1992HV (3) 91 as/js 5/ 8

H.F. 908 facilities and protective services, and investigation and 1 prosecution. 2 The bill directs the office to combat human trafficking 3 within the department of public safety to hold an annual 4 meeting of stakeholders to develop legislative proposals to 5 combat human trafficking, and submit a report to the governor 6 and general assembly by December 15, 2025, and annually 7 thereafter for five years until the submission of the report in 8 2030. The bill specifies the participants in the meeting. 9 The bill increases the statute of limitations for commencing 10 an action for sexual abuse or human trafficking of a minor or 11 child to five years after the victim has attained 18 years of 12 age. 13 The bill provides that “commercial sexual exploitation” 14 refers to a range of crimes and activities involving the sexual 15 abuse or exploitation of a child for the financial benefit 16 of any person or in exchange for anything of value including 17 monetary and nonmonetary benefits given or received by any 18 person. 19 The bill requires the juvenile court or the court’s 20 designee to order a child screened for exploitation using a 21 standardized, evidence-based, trauma-informed screening tool 22 when the court receives a complaint alleging that the child 23 committed a delinquent act. 24 The bill requires the department of health and human 25 services (HHS) to screen a child for exploitation using a 26 standardized, evidence-based, trauma-informed screening tool 27 if HHS determines a report it receives alleging child abuse 28 constitutes a child abuse allegation. 29 The bill requires the juvenile court to order a substance use 30 disorder screening of a child prior to the final disposition of 31 the child’s case. 32 The bill provides that the time limitations for actions are 33 extended in favor of minors so that they have five years from 34 reaching the age of majority to make a claim. 35 -6- LSB 1992HV (3) 91 as/js 6/ 8

H.F. 908 The bill provides that if a person who sells or offers 1 for sale the person’s services as a partner in a sex act is 2 under the age of 18, the county attorney may elect, in lieu 3 of filing a petition alleging that the person has committed a 4 delinquent act, that the person shall not be arrested, charged, 5 or prosecuted for the offense, but instead may be taken into 6 temporary custody under Code section 232.78 or 232.79 or shall 7 be referred to HHS for the possible filing of a petition 8 alleging that the person is a child in need of assistance. 9 Current law provides that “category “A” restitution” 10 means fines, penalties, and surcharges, and “category “B” 11 restitution” means the contribution of funds to a local 12 anticrime organization which provided assistance to law 13 enforcement in an offender’s case, the payment of crime 14 victim compensation program reimbursements, payment of 15 restitution to public agencies pursuant to Code section 16 321J.2(13)(b) (operating while under the influence), court 17 costs, court-appointed attorney fees, and payment to the 18 medical assistance program. 19 The bill provides that the payment of crime victim 20 compensation program reimbursements is category “A” 21 restitution. 22 The bill directs HHS to develop a plan in consultation with 23 nonprofit service providers who provide restoration services 24 to victims of human trafficking to increase the availability 25 of restoration facilities and protective services available 26 to juvenile victims of human trafficking, including juvenile 27 victims who are not, at the time of victimization, either 28 a child in need of assistance or otherwise involved in the 29 juvenile court system. HHS shall consider developing a network 30 with other states to provide housing outside of the state for 31 victims at risk of returning to the person involved in the 32 victim’s trafficking. A report detailing the plan shall be 33 presented to the governor and the general assembly by December 34 15, 2025. 35 -7- LSB 1992HV (3) 91 as/js 7/ 8

H.F. 908 The bill appropriates from the general fund of the state 1 to the office of the attorney general for the fiscal year 2 beginning July 1, 2025, and ending June 30, 2026, $750,000 to 3 be used for the purpose of creating a joint unit involving the 4 attorney general’s office, and the Iowa office to combat human 5 trafficking within the division of intelligence and fusion 6 center of the department of public safety, for the purpose 7 of investigating and prosecuting human trafficking cases, 8 collecting and analyzing human trafficking data, evaluating 9 the effectiveness of state-funded initiatives to combat human 10 trafficking, and working with state agencies to report data on 11 human trafficking investigations and prosecutions. 12 -8- LSB 1992HV (3) 91 as/js 8/ 8