House File 1036 - Reprinted HOUSE FILE 1036 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 908) (SUCCESSOR TO HF 452) (As Amended and Passed by the House May 12, 2025 ) 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 services, 4 and investigation and prosecution, and including effective 5 date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 1036 (3) 91 as/js/md
H.F. 1036 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 (13) A representative from state court administration with 30 expertise in child welfare law. 31 Sec. 2. Section 232.2, Code 2025, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 7A. “Commercial sexual exploitation” refers 34 to a range of crimes and activities involving the sexual abuse 35 -1- HF 1036 (3) 91 as/js/md 1/ 5
H.F. 1036 or exploitation of a child for the financial benefit of any 1 person or in exchange for anything of value including monetary 2 and nonmonetary benefits given or received by any person. 3 Sec. 3. Section 232.28, subsection 2, Code 2025, is amended 4 to read as follows: 5 2. a. The court or its designee shall refer the complaint 6 to an intake officer who shall consult with law enforcement 7 authorities having knowledge of the facts and conduct a 8 preliminary inquiry to determine what action should be taken. 9 b. The court or its designee shall order every complaint to 10 be reviewed using a standardized human trafficking indicator 11 list. The court or its designee may order the child subject to 12 the complaint with the presence of an indicator to be screened 13 for commercial sexual exploitation using a standardized, 14 evidence-based, trauma-informed screening tool. 15 Sec. 4. Section 232.71B, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2025, is amended to read as 17 follows: 18 If the department determines a report constitutes a child 19 abuse allegation, the department shall promptly have the child 20 subject to the child abuse allegation screened for commercial 21 sexual exploitation using a standardized, evidence-based, 22 trauma-informed screening tool, and shall commence either a 23 child abuse assessment within twenty-four hours of receiving 24 the report or a family assessment within seventy-two hours of 25 receiving the report. 26 Sec. 5. Section 614.8, subsection 2, Code 2025, is amended 27 to read as follows: 28 2. Except as provided in section 614.1, subsection 9 , or 29 section 614.8A, the times limited for actions in this chapter , 30 or chapter 216 , 659A , 669 , or 670 , except those brought for 31 penalties and forfeitures, are extended in favor of minors, 32 so that they shall have one year five years from and after 33 attainment of majority within which to file a complaint 34 pursuant to chapter 216 , to make a claim pursuant to chapter 35 -2- HF 1036 (3) 91 as/js/md 2/ 5
H.F. 1036 669 , or to otherwise commence an action. 1 Sec. 6. Section 614.8A, Code 2025, is amended to read as 2 follows: 3 614.8A Damages Commencement of action for child or minor 4 sexual abuse or human trafficking —— time limitation. 5 1. Notwithstanding section 614.8, subsection 2, and the 6 times limited for actions in this chapter, the time to file 7 an action related to sexual abuse or human trafficking that 8 occurred when the injured person was a minor is extended to 9 five years beyond the minor’s attainment of eighteen years of 10 age. 11 2. An In addition to the extension of the time provided in 12 subsection 1, an action for damages for injury suffered as a 13 result of sexual abuse which or human trafficking that occurred 14 when the injured person was a child, but not discovered until 15 after the injured person is of the age of majority, shall 16 be brought within four five years from the time of discovery 17 by the injured party of both the injury and the causal 18 relationship between the injury and the sexual abuse or human 19 trafficking . 20 Sec. 7. Section 710A.1, subsection 4, paragraph a, 21 unnumbered paragraph 1, Code 2025, is amended to read as 22 follows: 23 “Human trafficking” means participating in a venture to 24 recruit, harbor, transport, supply provisions, or obtain 25 recruiting, harboring, transporting, supplying provisions to, 26 obtaining, patronizing, or soliciting a person for any of the 27 following purposes: 28 Sec. 8. Section 725.1, subsection 1, paragraph b, Code 2025, 29 is amended to read as follows: 30 b. If the person who sells or offers for sale the person’s 31 services as a partner in a sex act is under the age of eighteen, 32 the county attorney may elect, in lieu of filing a petition 33 alleging that the person has committed a delinquent act, to 34 refer that person that the person shall not be arrested, 35 -3- HF 1036 (3) 91 as/js/md 3/ 5
H.F. 1036 charged, or prosecuted for an offense under this section, but 1 instead may be taken into temporary custody under section 2 232.78 or 232.79 or shall be referred to the department of 3 health and human services for the possible filing of a petition 4 alleging that the person is a child in need of assistance. 5 Sec. 9. Section 910.1, subsections 1 and 2, Code 2025, are 6 amended to read as follows: 7 1. “Category “A” restitution” means fines, penalties, the 8 payment of crime victim compensation program reimbursements, 9 and surcharges. 10 2. “Category “B” restitution” means the contribution of 11 funds to a local anticrime organization which that provided 12 assistance to law enforcement in an offender’s case, the 13 payment of crime victim compensation program reimbursements, 14 payment of restitution to public agencies pursuant to 15 section 321J.2, subsection 13 , paragraph “b” , court costs, 16 court-appointed attorney fees ordered pursuant to section 17 815.9 , including the expense of a public defender, and payment 18 to the medical assistance program pursuant to chapter 249A for 19 expenditures paid on behalf of the victim resulting from the 20 offender’s criminal activities including investigative costs 21 incurred by the Medicaid fraud control unit pursuant to section 22 249A.50 . 23 Sec. 10. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 24 RESTORATION FACILITIES. The department of health and human 25 services shall develop a plan in consultation with nonprofit 26 service providers who provide restoration services to 27 victims of human trafficking to increase the availability of 28 restoration facilities and protective services available to 29 juvenile victims of human trafficking, including juvenile 30 victims who are not, at the time of victimization, either 31 a child in need of assistance or otherwise involved in 32 the juvenile court system. The department shall consider 33 developing a network with other states to provide housing 34 outside of the state for victims at risk of returning to the 35 -4- HF 1036 (3) 91 as/js/md 4/ 5
H.F. 1036 person involved in the victim’s trafficking. The department of 1 health and human services shall present a report detailing the 2 plan to the governor and the general assembly by December 15, 3 2025. 4 Sec. 11. EFFECTIVE DATE. The following takes effect July 5 1, 2026: 6 The section of this Act amending section 910.1. 7 -5- HF 1036 (3) 91 as/js/md 5/ 5