SF 577 (LSB 2529SV (2) 88)

SENATE FILE 577

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1233)

(As Amended and Passed by the Senate 2019-04-01)

A BILL FOR

An Act establishing the criminal offense of sexual exploitation of a student with a disability by an employee of a community college and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 614.1, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Sexual exploitation of a student with a disability by an employee of a community college.  An action for damages for injury suffered as a result sexual exploitation of a student with a disability by an employee of a community college, as defined in section 709.15A, shall be brought within five years of the date the victim last received 4+ services from an employee of a community college.
    Sec. 2.  Section 692A.102, subsection 1, paragraph b, subparagraph (11), Code 2019, is amended to read as follows:
   (11)  Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15, or sexual exploitation of a student with a disability by an employee of a community college in violation of section 709.15A, if the victim is thirteen years of age or older.
    Sec. 3.  Section 702.11, subsection 2, paragraph d, Code 2019, is amended to read as follows:
   d.  Sexual exploitation by a counselor, therapist, or school employee in violation of section 709.15, or sexual exploitation of a student with a disability by an employee of a community college in violation of section 709.15A.
    Sec. 4.  NEW SECTION.  709.15A  Sexual exploitation of a student with a disability by an employee of a community college.
   1.  As used in this section:
   a.  “4+ services” means secondary planning and transition services intended to give students vocational and life skills to increase independence in adulthood which are part of a student with a disability’s secondary schooling and are included in the student’s individualized education program.
   b.  “Employee of a community college” means a person employed by a community college who, pursuant to a contract between a school district and the community college, provides 4+ services to a child with a disability who is between the ages of eighteen and twenty-one, and includes any of the following:
   (1)  A person who holds a license, certificate, or statement of professional recognition issued under chapter 272.
   (2)  A person who holds an authorization issued under chapter 272.
   (3)  A person employed by the community college full-time, part-time, or as a substitute.
   (4)  A person who performs services as a volunteer for a community college and who has direct contact with the student receiving 4+ services.
   (5)  A person who provides services under a contract for such services to a community college and who has direct contact with the student receiving 4+ services.
   c.  “Individualized education program” means a written statement for each student with a disability identified under the law who is attending a secondary educational institution, that is developed, reviewed, and revised to ensure that the student with a disability receives specialized instruction and related services.
   d.  “Student with a disability” means a person between the ages of eighteen and twenty-one who has a disability in obtaining an education because of a head injury, autism, behavioral disorder, or physical, mental, communication, or learning disability, as defined by the rules of the department of education.
   2.  a.  Sexual exploitation of a student with a disability by an employee of a community college occurs when any of the following are found:
   (1)  A pattern or practice or scheme of conduct to engage in any of the conduct described in subparagraph (2).
   (2)  Any sexual conduct with a student with a disability for the purpose of arousing or satisfying the sexual desires of the school employee or the student with a disability. Sexual conduct includes but is not limited to the following:
   (a)  Kissing.
   (b)  Touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals.
   (c)  A sex act as defined in section 702.17.
   b.  Sexual exploitation of a student with a disability by an employee of a community college does not include touching that is necessary in the performance of the community college employee’s duties while acting within the scope of employment.
   3.  a.  A community college employee who commits sexual exploitation of a student with a disability in violation of subsection 2, paragraph “a”, subparagraph (1), commits a class “D” felony.
   b.  A community college employee who commits sexual exploitation of a student with a disability in violation of subsection 2, paragraph “a”, subparagraph (2), commits an aggravated misdemeanor.
    Sec. 5.  Section 709.19, subsection 1, Code 2019, is amended to read as follows:
   1.  Upon the filing of an affidavit by a victim, or a parent or guardian on behalf of a minor who is a victim, of a crime that is a sexual offense in violation of section 709.2, 709.3, 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, 709.15A, or 709.16, that states that the presence of or contact with the defendant whose release from jail or prison is imminent or who has been released from jail or prison continues to pose a threat to the safety of the victim, persons residing with the victim, or members of the victim’s immediate family, the court shall enter a temporary no-contact order which shall require the defendant to have no contact with the victim, persons residing with the victim, or members of the victim’s immediate family.