Senate
File
238
-
Reprinted
SENATE
FILE
238
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
83)
(As
Amended
and
Passed
by
the
Senate
March
7,
2017
)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
sexual
exploitation
1
by
a
school
employee,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
SF
238
(3)
87
kh/nh/jh
S.F.
238
Section
1.
Section
709.15,
subsection
1,
paragraph
f,
Code
1
2017,
is
amended
by
striking
the
paragraph
and
inserting
in
2
lieu
thereof
the
following:
3
f.
(1)
“School
employee”
means
any
of
the
following,
except
4
as
provided
in
subparagraph
(2):
5
(a)
A
person
who
holds
a
license,
certificate,
or
statement
6
of
professional
recognition
issued
under
chapter
272.
7
(b)
A
person
who
holds
an
authorization
issued
under
chapter
8
272.
9
(c)
A
person
employed
by
a
school
district
full-time,
10
part-time,
or
as
a
substitute.
11
(d)
A
person
who
performs
services
as
a
volunteer
for
a
12
school
district
and
who
has
direct
supervisory
authority
over
13
the
student
with
whom
the
person
engages
in
conduct
prohibited
14
under
subsection
3,
paragraph
“a”
.
15
(e)
A
person
who
provides
services
under
a
contract
for
such
16
services
to
a
school
district
and
who
has
direct
supervisory
17
authority
over
the
student
with
whom
the
person
engages
in
18
conduct
prohibited
under
subsection
3,
paragraph
“a”
.
19
(2)
“School
employee”
does
not
include
a
student
enrolled
20
in
the
school
district.
21
Sec.
2.
Section
709.15,
subsection
3,
Code
2017,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
c.
The
provisions
of
this
subsection
do
24
not
apply
to
a
person
who
is
employed
by
a
school
district
25
attendance
center
if
the
student
with
whom
the
person
engages
26
in
conduct
prohibited
under
subsection
3,
paragraph
“a”
,
is
not
27
enrolled
in
the
same
school
district
attendance
center
that
28
employs
the
person,
the
person
does
not
have
direct
supervisory
29
authority
over
the
student,
and
the
person
does
not
meet
the
30
requirements
of
subsection
1,
paragraph
“f”
,
subparagraph
(1),
31
subparagraph
division
(a).
32
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238
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