Senate File 577 - ReprintedA Bill ForAn Act 1establishing the criminal offense of sexual exploitation
2of a student with a disability by an employee of a community
3college and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 614.1, Code 2019, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  15.  Sexual exploitation of a student with
4a disability by an employee of a community college.
  An action
5for damages for injury suffered as a result sexual exploitation
6of a student with a disability by an employee of a community
7college, as defined in section 709.15A, shall be brought within
8five years of the date the victim last received 4+ services
9from an employee of a community college.
10   Sec. 2.  Section 692A.102, subsection 1, paragraph b,
11subparagraph (11), Code 2019, is amended to read as follows:
   12(11)  Sexual exploitation by a counselor, therapist, or
13school employee in violation of section 709.15, or sexual
14exploitation of a student with a disability by an employee of
15a community college in violation of section 709.15A,
if the
16victim is thirteen years of age or older.
17   Sec. 3.  Section 702.11, subsection 2, paragraph d, Code
182019, is amended to read as follows:
   19d.  Sexual exploitation by a counselor, therapist, or school
20employee in violation of section 709.15, or sexual exploitation
21of a student with a disability by an employee of a community
22college in violation of section 709.15A
.
23   Sec. 4.  NEW SECTION.  709.15A  Sexual exploitation of a
24student with a disability by an employee of a community college.
   251.  As used in this section:
   26a.  “4+ services” means secondary planning and transition
27services intended to give students vocational and life skills
28to increase independence in adulthood which are part of
29a student with a disability’s secondary schooling and are
30included in the student’s individualized education program.
   31b.  “Employee of a community college” means a person employed
32by a community college who, pursuant to a contract between
33a school district and the community college, provides 4+
34services to a child with a disability who is between the ages
35of eighteen and twenty-one, and includes any of the following:
-1-
   1(1)  A person who holds a license, certificate, or statement
2of professional recognition issued under chapter 272.
   3(2)  A person who holds an authorization issued under chapter
4272.
   5(3)  A person employed by the community college full-time,
6part-time, or as a substitute.
   7(4)  A person who performs services as a volunteer for a
8community college and who has direct contact with the student
9receiving 4+ services.
   10(5)  A person who provides services under a contract for such
11services to a community college and who has direct contact with
12the student receiving 4+ services.
   13c.  “Individualized education program” means a written
14statement for each student with a disability identified under
15the law who is attending a secondary educational institution,
16that is developed, reviewed, and revised to ensure that the
17student with a disability receives specialized instruction and
18related services.
   19d.  “Student with a disability” means a person between
20the ages of eighteen and twenty-one who has a disability in
21obtaining an education because of a head injury, autism,
22behavioral disorder, or physical, mental, communication, or
23learning disability, as defined by the rules of the department
24of education.
   252.  a.  Sexual exploitation of a student with a disability
26by an employee of a community college occurs when any of the
27following are found:
   28(1)  A pattern or practice or scheme of conduct to engage in
29any of the conduct described in subparagraph (2).
   30(2)  Any sexual conduct with a student with a disability for
31the purpose of arousing or satisfying the sexual desires of
32the school employee or the student with a disability. Sexual
33conduct includes but is not limited to the following:
   34(a)  Kissing.
   35(b)  Touching of the clothed or unclothed inner thigh,
-2-1breast, groin, buttock, anus, pubes, or genitals.
   2(c)  A sex act as defined in section 702.17.
   3b.  Sexual exploitation of a student with a disability by
4an employee of a community college does not include touching
5that is necessary in the performance of the community college
6employee’s duties while acting within the scope of employment.
   73.  a.  A community college employee who commits sexual
8exploitation of a student with a disability in violation of
9subsection 2, paragraph “a”, subparagraph (1), commits a class
10“D” felony.
   11b.  A community college employee who commits sexual
12exploitation of a student with a disability in violation of
13subsection 2, paragraph “a”, subparagraph (2), commits an
14aggravated misdemeanor.
15   Sec. 5.  Section 709.19, subsection 1, Code 2019, is amended
16to read as follows:
   171.  Upon the filing of an affidavit by a victim, or a parent
18or guardian on behalf of a minor who is a victim, of a crime
19that is a sexual offense in violation of section 709.2, 709.3,
20709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, 709.15A,
21 or 709.16, that states that the presence of or contact with
22the defendant whose release from jail or prison is imminent or
23who has been released from jail or prison continues to pose a
24threat to the safety of the victim, persons residing with the
25victim, or members of the victim’s immediate family, the court
26shall enter a temporary no-contact order which shall require
27the defendant to have no contact with the victim, persons
28residing with the victim, or members of the victim’s immediate
29family.
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