House File 52 - IntroducedA Bill ForAn Act 1relating to the treatment of certain incidents of
2human trafficking as child abuse and to mandatory or
3permissive reporting of such incidents, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 232.68, subsection 2, paragraph a, Code
22019, is amended by adding the following new subparagraph:
3   NEW SUBPARAGRAPH.  (12)  The acts or omissions of a
4person responsible for the care of a child which allow,
5permit, encourage, or require the recruitment, harboring,
6transportation, provision, obtaining, patronizing, or
7soliciting of the child for the purpose of commercial sexual
8activity or forced labor or services as defined in section
9710A.1.
10   Sec. 2.  Section 232.69, subsection 1, unnumbered paragraph
111, Code 2019, is amended to read as follows:
   12The classes of persons enumerated in this subsection shall
13make a report within twenty-four hours and as provided in
14section 232.70, of cases of child abuse. In addition, the
15classes of persons enumerated in this subsection shall make a
16report of abuse of a child who is under twelve years of age
17and may make a report of abuse of a child who is twelve years
18of age or older, which would be defined as child abuse under
19section 232.68, subsection 2, paragraph “a”, subparagraph (3),
20 or (5), or (12), except that the abuse resulted from the acts
21or omissions of a person other than a person responsible for
22the care of the child.
23   Sec. 3.  Section 232.69, Code 2019, is amended by adding the
24following new subsection:
25   NEW SUBSECTION.  4.  The department of public health,
26in cooperation with the crime victim assistance division
27of the department of justice, the Iowa law enforcement
28academy, the department of public safety, the attorney
29general’s office, the department of education, and any
30other federal, state, and local governmental agencies and
31nongovernmental or community organizations with expertise in
32human trafficking including commercial sexual activity or
33forced labor or services involving children, shall identify
34and adopt existing training standards on the subject of human
35trafficking involving children that include curricula on
-1-1recognizing human trafficking victims, culturally sensitive and
2age-appropriate methods for approaching and dealing effectively
3and appropriately with trafficking victims and minors who
4are victims or who are impacted by human trafficking, and
5identifying the appropriate authorities to whom to report
6potential cases of human trafficking. Mandatory reporter
7training required under this section shall utilize the
8standards adopted under this subsection.
9   Sec. 4.  Section 232.70, subsection 9, Code 2019, is amended
10to read as follows:
   119.  If a report would be determined to constitute an
12allegation of child abuse as defined under section 232.68,
13subsection 2, paragraph “a”, subparagraph (3), or (5), or
14(12),
except that the suspected abuse resulted from the acts
15or omissions of a person other than a person responsible for
16the care of the child, the department shall refer the report
17to the appropriate law enforcement agency having jurisdiction
18to investigate the allegation. The department shall refer the
19report orally as soon as practicable and in writing within
20seventy-two hours of receiving the report.
21   Sec. 5.  Section 232.71B, subsection 1, paragraph a,
22subparagraph (1), Code 2019, is amended to read as follows:
   23(1)  Upon acceptance of a report of child abuse, the
24department shall commence a child abuse assessment when the
25report alleges child abuse as defined in section 232.68,
26subsection 2, paragraph “a”, subparagraphs (1) through (3) and
27subparagraphs (5) through (11) (12), or which alleges child
28abuse as defined in section 232.68, subsection 2, paragraph “a”,
29subparagraph (4), that also alleges imminent danger, death, or
30injury to a child.
31   Sec. 6.  Section 235A.18, subsection 1, paragraph b, Code
322019, is amended to read as follows:
   33b.  Data sealed in accordance with this section shall be
34expunged eight years after the date the data was sealed.
35However, if the report data and the disposition data involve
-2-1child abuse as defined in section 232.68, subsection 2,
2paragraph “a”, subparagraph (3), or (5), or (12), the data
3shall not be expunged for a period of thirty years. Sealed
4data shall be made available to the department of justice upon
5request if the prosecutor’s review committee is reviewing
6records or if a prosecuting attorney has filed a petition to
7commit a sexually violent predator under chapter 229A.
8   Sec. 7.  Section 280.17, subsection 1, Code 2019, is amended
9to read as follows:
   101.  The board of directors of a school district and the
11authorities in charge of a nonpublic school shall prescribe
12procedures, in accordance with the guidelines contained in
13the model policy developed by the department of education in
14consultation with the department of human services, and adopted
15by the department of education pursuant to chapter 17A, for
16the handling of reports of child abuse, as defined in section
17232.68, subsection 2, paragraph “a”, subparagraph (1), (3), or
18 (5), or (12), alleged to have been committed by an employee or
19agent of the public or nonpublic school.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
   23This bill treats certain incidents of human trafficking
24as child abuse under Code chapter 232, modifies related
25requirements for mandatory reporters of child abuse, and makes
26penalties applicable.
   27To the definition of “child abuse” or “abuse”, the bill
28adds “the acts or omissions of a person responsible for the
29care of a child which allow, permit, encourage, or require the
30recruitment, harboring, transportation, provision, obtaining,
31patronizing, or soliciting of the child for the purpose of
32commercial sexual activity or forced labor or services” as
33defined in Code section 710A.1.
   34Under Code section 710A.1, “forced labor or services” means
35labor or services that are performed or provided by another
-3-1person and that are obtained or maintained through causing or
2threatening to cause serious physical injury to any person;
3physically restraining or threatening to physically restrain
4another person; abusing or threatening to abuse the law or
5legal process; or knowingly destroying, concealing, removing,
6confiscating, or possessing any actual or purported passport or
7other immigration document, or any other actual or purported
8government identification document, of another person. Also
9under Code section 710A.1, “commercial sexual activity” means
10any sex act or sexually explicit performance for which anything
11of value is given, promised to, or received by any person and
12includes, but is not limited to, prostitution, participation in
13the production of pornography, and performance in strip clubs.
   14The department of public health is directed, in cooperation
15with certain federal, state, and local governmental agencies
16and nongovernmental or community organizations, to identify
17and adopt existing training standards on the subject of human
18trafficking involving children that include curricula on
19recognizing human trafficking victims, culturally sensitive
20and age-appropriate methods for approaching and dealing with
21trafficking victims and affected minors, and identifying the
22appropriate authorities to whom to report potential cases of
23human trafficking. Mandatory reporter training must utilize
24these standards.
   25With this change in the definition of child abuse, the
26classes of persons required or authorized to make a report of
27child abuse must also make a report of suspected forced labor
28or services and suspected commercial sexual activity involving
29a child.
   30The bill makes conforming changes, including provisions
31relating to commencing child abuse assessments, referring
32reports to law enforcement, expunging data under certain
33conditions, and the procedures school districts and accredited
34nonpublic schools must use in handling child abuse reports.
   35The civil and criminal sanctions of Code section 232.75
-4-1apply to a person who fails to report a suspected case of
2child abuse or knowingly reports false information. If the
3department of human services issues a finding that the alleged
4child abuse meets the definition of child abuse, the child
5abuse central registry provisions of Code chapters 232 and 235A
6apply.
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