HF 908 (LSB 1992HV (3) 91)

HOUSE FILE 908

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 452)

A BILL FOR

An Act relating to human trafficking, including screening children, 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 2025, 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, 2025, and annually thereafter for a period of five years ending with the submission of the report in 2030, to the governor and general assembly. Participants shall include the following:
   (1)  A representative of the department of public safety.
   (2)  A representative of the office to combat human trafficking.
   (3)  A representative of the attorney general’s office.
   (4)  A representative of the department of health and human services.
   (5)  A representative of juvenile court services.
   (6)  A chief of police or head law enforcement official of a city in this state.
   (7)  A county sheriff.
   (8)  A county attorney who serves on a child protection assistance team under section 915.35, subsection 4, paragraph “a”.
   (9)  A public defender or criminal law attorney with experience working on human trafficking cases.
   (10)  A member of the public, or the person’s legal representative, who is a former human trafficking victim.
   (11)  A representative from the Iowa network against human trafficking.
   (12)  A representative from a nonprofit organization whose primary focus is services for human trafficking survivors.
    Sec. 2.  Section 232.2, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  “Commercial sexual exploitation” refers to a range of crimes and activities involving the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value including monetary and nonmonetary benefits given or received by any person.
    Sec. 3.  Section 232.28, subsection 2, Code 2025, is amended to read as follows:
   2.  The Upon receiving a complaint under subsection 1, the court or its designee shall refer do all of the following: 
   a.  Refer the complaint to an intake officer who shall consult with law enforcement authorities having knowledge of the facts and conduct a preliminary inquiry to determine what action should be taken.
   b.  Order the child subject to the complaint to be screened for commercial sexual exploitation using a standardized, evidence-based, trauma-informed screening tool.
    Sec. 4.  Section 232.50, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Prior to the final dispositional hearing of a child, the court shall require a substance use disorder screening of the child.
    Sec. 5.  Section 232.71B, subsection 1, paragraph a, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   If the department determines a report constitutes a child abuse allegation, the department shall promptly have the child subject to the child abuse allegation screened for commercial sexual exploitation using a standardized, evidence-based, trauma-informed screening tool, and shall commence either a child abuse assessment within twenty-four hours of receiving the report or a family assessment within seventy-two hours of receiving the report.
    Sec. 6.  Section 614.8, subsection 2, Code 2025, 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 five years 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. 7.  Section 614.8A, Code 2025, 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. 8.  Section 710A.1, subsection 4, paragraph a, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   “Human trafficking” means participating in a venture to recruit, harbor, transport, supply provisions, or obtain recruiting, harboring, transporting, supplying provisions to, obtaining, patronizing, or soliciting a person for any of the following purposes:
    Sec. 9.  Section 710A.1, subsection 10, Code 2025, is amended to read as follows:
   10.  “Services” means an ongoing relationship between a person and the actor in which the person performs performing activities under the supervision of or for the benefit of the an actor, including commercial sexual activity and sexually explicit performances.
    Sec. 10.  Section 725.1, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  If the person who sells or offers for sale the person’s services as a partner in a sex act is under the age of eighteen, the county attorney may elect, in lieu of filing a petition alleging that the person has committed a delinquent act, to refer that person that the person shall not be arrested, charged, or prosecuted for an offense under this section, but instead may be taken into temporary custody under section 232.78 or 232.79 or shall be referred to the department of health and human services for the possible filing of a petition alleging that the person is a child in need of assistance.
    Sec. 11.  Section 910.1, subsections 1 and 2, Code 2025, 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. 12.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— RESTORATION FACILITIES.  The department of health and human services shall develop a plan in consultation with nonprofit service providers who provide restoration services to victims of human trafficking 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, 2025.
    Sec. 13.  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, 2025, and ending June 30, 2026, 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, collecting and analyzing human trafficking data, evaluating the effectiveness of state-funded initiatives to combat human trafficking, and working with state agencies to report data on human trafficking investigations and prosecutions:
   ...................................................................... $    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, 2025, and annually thereafter for five years until the submission of the report in 2030. 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 “commercial sexual exploitation” refers to a range of crimes and activities involving the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value including monetary and nonmonetary benefits given or received by any person.
   The bill requires the juvenile court or the court’s designee to order a child screened for exploitation using a standardized, evidence-based, trauma-informed screening tool when the court receives a complaint alleging that the child committed a delinquent act.
   The bill requires the department of health and human services (HHS) to screen a child for exploitation using a standardized, evidence-based, trauma-informed screening tool if HHS determines a report it receives alleging child abuse constitutes a child abuse allegation.
   The bill requires the juvenile court to order a substance use disorder screening of a child prior to the final disposition of the child’s case.
   The bill provides that the time limitations for actions are extended in favor of minors so that they have five years from reaching the age of majority to make a claim.
   The bill provides that if a person who sells or offers for sale the person’s services as a partner in a sex act is under the age of 18, the county attorney may elect, in lieu of filing a petition alleging that the person has committed a delinquent act, that the person shall not be arrested, charged, or prosecuted for the offense, but instead may be taken into temporary custody under Code section 232.78 or 232.79 or shall be referred to HHS for the possible filing of a petition alleging that the person is a child in need of assistance.
   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 HHS to develop a plan in consultation with nonprofit service providers who provide restoration services to victims of human trafficking 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. HHS 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, 2025.
   The bill appropriates from the general fund of the state to the office of the attorney general for the fiscal year beginning July 1, 2025, and ending June 30, 2026, $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, collecting and analyzing human trafficking data, evaluating the effectiveness of state-funded initiatives to combat human trafficking, and working with state agencies to report data on human trafficking investigations and prosecutions.