House File 2464 - Reprinted HOUSE FILE 2464 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 721) (As Amended and Passed by the House March 9, 2022 ) A BILL FOR An Act relating to the expungement of certain criminal history 1 records of victims of human trafficking, child abuse and 2 minors engaged in prostitution, and including penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2464 (2) 89 ko/rh/md

H.F. 2464 Section 1. Section 232.68, subsection 2, paragraph a, 1 subparagraph (5), Code 2022, is amended to read as follows: 2 (5) The acts or omissions of a person responsible for the 3 care of a child which allow, permit, or encourage the child to 4 engage engaged in acts prohibited pursuant to section 725.1 . 5 Notwithstanding section 702.5 , acts or omissions under this 6 subparagraph include an act or omission referred to in this 7 subparagraph with or to a person applies to a child under the 8 age of eighteen years. 9 Sec. 2. NEW SECTION . 710A.8 Expungement of criminal history 10 records —— human trafficking victims. 11 1. As used in this section, unless the context otherwise 12 requires: 13 a. “Court records” means the same as defined in Iowa court 14 rule 20.1(2). 15 b. “Human trafficking” means the same as defined in section 16 710A.1. 17 c. “Official documentation” means documentation issued by 18 a federal, state, or local office, agency, or department that 19 provides evidence of a person’s status as a victim of human 20 trafficking. 21 d. “Victim of human trafficking” means a person subjected to 22 human trafficking. 23 2. a. (1) Except as otherwise provided in subsection 9, a 24 person may petition the court for expungement of the person’s 25 criminal history record and associated court records resulting 26 from the arrest or filing of a charge, without regard to the 27 disposition of the arrest or of the charge, for one or more 28 offenses committed or reported to have been committed while the 29 person was a victim of human trafficking. 30 (2) A petition for expungement may be filed by a person 31 at any time after the date on which the person is no longer a 32 victim of human trafficking or the date on which the person 33 has accessed services for victims of human trafficking. The 34 petition is not required to be filed in the court in which the 35 -1- HF 2464 (2) 89 ko/rh/md 1/ 6

H.F. 2464 person’s criminal proceedings originally took place. 1 b. A petition filed under this section shall be considered 2 complete only if accompanied by all of the following: 3 (1) The petitioner’s sworn statement attesting that the 4 petitioner is eligible for such expungement to the best of the 5 petitioner’s knowledge or belief. A petitioner who knowingly 6 provides false information on the sworn statement commits a 7 class “D” felony, punishable as provided in section 720.2. 8 (2) Official documentation, if available. 9 c. A clerk of court shall not charge a filing fee, service 10 charge, copy fee, or any other charge for a petition filed 11 under this section. 12 3. A copy of a petition filed under this section shall be 13 served upon the appropriate county attorney or the attorney 14 general, and the arresting law enforcement agency. The 15 county attorney, the attorney general, and the arresting law 16 enforcement agency may respond to the court regarding the 17 petition. 18 4. a. The petitioner or the petitioner’s attorney may 19 appear at any court proceeding related to the petition 20 telephonically or via remote video conference. 21 b. The court shall allow a victim counselor from a county 22 attorney’s office, a law enforcement agency, or a local victim 23 services agency to be present with the petitioner during any 24 court proceeding related to the petition if requested by the 25 petitioner and if a victim counselor is available. 26 5. a. If a petitioner submits official documentation 27 pursuant to subsection 2, paragraph “b” , subparagraph (2), it 28 shall create a presumption that the petitioner’s participation 29 in the offense or offenses for which expungement is sought 30 was due to the petitioner’s status as a victim of human 31 trafficking, and the court’s final determination of the 32 petition shall be by a preponderance of the evidence. 33 b. Official documentation shall not be required for a court 34 to grant a petition under this section; however, a court’s 35 -2- HF 2464 (2) 89 ko/rh/md 2/ 6

H.F. 2464 final determination without official documentation shall be 1 based on clear and convincing evidence. 2 6. a. Notwithstanding any law to the contrary, a court 3 may order the expungement of the criminal history record and 4 associated court files of a victim of human trafficking if the 5 victim of human trafficking complies with the requirements of 6 this section. 7 b. If relief is ordered by a court, the clerk of court shall 8 certify a copy of the court order to the appropriate county 9 attorney or attorney general, the arresting law enforcement 10 agency, and any other agency that court records reflect has 11 received the victim’s criminal history record from the court. 12 The arresting law enforcement agency shall forward the court 13 order to each agency to which the arresting law enforcement 14 agency disseminated the criminal history record to which the 15 court order pertains. The department of public safety shall 16 forward the court order to the federal bureau of investigation. 17 7. a. A criminal history record and associated court 18 records that are expunged under this section shall be 19 confidential records and exempt from public access under 20 section 22.7, except that the criminal history record and 21 associated court records shall be made available by a clerk of 22 district court upon court order. 23 b. A criminal history record that is expunged under this 24 section that is retained by the department of public safety 25 shall be a confidential record and exempt from public access 26 under section 22.7, except that the criminal history record 27 shall be made available to all of the following: 28 (1) A criminal justice agency, upon request. 29 (2) A government agency that is authorized by state or 30 federal law to determine eligibility to purchase or possess a 31 firearm or to carry a concealed firearm for use in the course 32 of the government agency’s official duties, upon request. 33 (3) Any other agency, upon court order. 34 c. Any information that reveals, or that may reveal, 35 -3- HF 2464 (2) 89 ko/rh/md 3/ 6

H.F. 2464 the identity of a person whose criminal history record and 1 associated court records have been expunged under this section 2 shall be confidential records and exempt from public access 3 under section 22.7. 4 d. Criminal investigative data and criminal intelligence 5 data that is confidential and exempt under paragraphs “a” 6 through “c” may be disclosed by a law enforcement agency for any 7 of the following reasons: 8 (1) In furtherance of the law enforcement agency’s official 9 duties and responsibilities. 10 (2) For print, publication, or broadcast if the law 11 enforcement agency determines that such release will assist 12 in locating or identifying a person whom the agency believes 13 is missing or endangered. The information provided shall be 14 limited to only the information necessary to identify or locate 15 the missing or endangered person. 16 (3) To another government agency in the furtherance of the 17 government agency’s official duties and responsibilities. 18 8. a. A person who is the subject of a criminal history 19 record and associated court records that are expunged under 20 this section may lawfully deny or fail to acknowledge an 21 arrest or conviction covered by the expunged criminal history 22 record and associated court records, except if the person is a 23 candidate for employment with a criminal justice agency or is a 24 defendant in a criminal prosecution. 25 b. Subject to the exceptions in paragraph “a” , a person who 26 has been granted an expungement of a criminal history record 27 and associated court records under this section shall not be 28 held under any law of this state to have committed perjury 29 or to be otherwise liable for providing a false statement by 30 reason of the failure to recite or acknowledge the criminal 31 history record and associated court records. 32 9. This section shall not apply to any of the following 33 offenses: 34 a. Homicide or a related crime in violation of chapter 707. 35 -4- HF 2464 (2) 89 ko/rh/md 4/ 6

H.F. 2464 b. Intimidation with a dangerous weapon in violation of 1 section 708.6. 2 c. Going armed with intent in violation of section 708.8. 3 d. Stalking in violation of section 708.11, subsection 3. 4 e. Kidnapping or related offenses in violation of chapter 5 710. 6 10. If a person has been adjudicated not guilty by reason 7 of insanity or was found to be incompetent to stand trial, 8 the expungement of the person’s criminal history record shall 9 not prevent the entry of the judgment in state and national 10 databases for use in determining the person’s eligibility to 11 purchase or possess a firearm or to carry a concealed firearm 12 pursuant to sections 724.8 and 724.26 and 18 U.S.C. §922(t), 13 and shall not prevent any government agency that is authorized 14 by state or federal law to determine the person’s eligibility 15 to purchase or possess a firearm or to carry a concealed 16 firearm from accessing or using the person’s criminal history 17 record during the course of such agency’s official duties. 18 11. a. This section shall not be construed to confer any 19 right to any person to the expungement of the person’s criminal 20 history record and associated court records. 21 b. Any petition for expungement of a criminal history record 22 under this section may be denied at the discretion of the 23 court. 24 12. The supreme court may prescribe rules governing the 25 procedures applicable to the expungement of a criminal history 26 record and associated court records under this section. 27 Sec. 3. Section 725.1, subsection 1, paragraphs b and c, 28 Code 2022, are amended to read as follows: 29 b. If the person who sells or offers for sale the person’s 30 services as a partner in a sex act is under the age of eighteen, 31 the county attorney may elect, in lieu of filing a petition 32 alleging that the person has committed a delinquent act, to the 33 person shall not be arrested, charged, or prosecuted for an 34 offense under this section. A peace officer who encounters a 35 -5- HF 2464 (2) 89 ko/rh/md 5/ 6

H.F. 2464 person under the age of eighteen engaged in a violation of this 1 section may take custody of the person under section 232.78 2 or 232.79. The peace officer shall refer that the person to 3 the department of human services for the possible filing of 4 a petition alleging that the person is a child in need of 5 assistance. 6 c. If the a person who sells or offers for sale the person’s 7 services as a partner in a sex act is under the age of eighteen 8 has been convicted of a violation under paragraph “a” , upon 9 the expiration of two years following the person’s conviction 10 for a that violation of paragraph “a” or of a violation of a 11 similar local ordinance, the person may petition the court to 12 expunge the conviction, and if the person has had no other 13 criminal convictions, other than local traffic violations 14 or simple misdemeanor violations of chapter 321 during the 15 two-year period, the conviction shall be expunged as a matter 16 of law. The court shall enter an order that the record of the 17 conviction be expunged by the clerk of the district court. 18 Notwithstanding section 692.2 , after receipt of notice from 19 the clerk of the district court that a record of conviction 20 for a violation of paragraph “a” has been expunged, the record 21 of conviction shall be removed from the criminal history data 22 files maintained by the department of public safety. 23 -6- HF 2464 (2) 89 ko/rh/md 6/ 6