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House Study Bill 34 - IntroducedA Bill ForAn Act 1relating to certain civil and criminal enforcement
2activities involving the practice of massage therapy and
3cosmetology, and human trafficking, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 152C.5B License and
2government-issued identification — peace officer request.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Government-issued identification” means any of the
6following:
7(1) An unexpired driver’s license issued by any state,
8territory, or district of the United States.
9(2) An unexpired identification card issued by any state,
10territory, or district of the United States.
11(3) An unexpired United States passport.
12(4) A naturalization certificate issued by the United
13States citizenship and immigration services.
14(5) An unexpired permanent resident card, also known as
15a green card, issued by the United States citizenship and
16immigration services.
17(6) An unexpired employment authorization document issued
18by the United States citizenship and immigration services.
19b. “Peace officer” means any of the following:
20(1) Sheriffs and their regular deputies who are subject to
21mandated law enforcement training.
22(2) Marshals and police officers of cities.
23(3) Peace officer members of the department of public safety
24as defined in chapter 80.
25(4) Special security officers employed by board of regents
26institutions as set forth in section 262.13.
27(5) Such employees of the department of transportation as
28are designated “peace officers” by resolution of the department
29under section 321.477.
30(6) Employees of an aviation authority designated as “peace
31officers” by the authority under section 330A.8, subsection 16.
322. While engaged in the practice of massage therapy,
33a person licensed or who purports to be licensed under
34this chapter shall, upon the request of any peace officer,
35immediately present a copy of the person’s valid massage
-1-1therapist license and government-issued identification to the
2peace officer. A person who violates this subsection commits
3a serious misdemeanor.
4 Sec. 2. NEW SECTION. 152C.5C Announcements to the public.
51. For purposes of this section, “announcement to the
6public” means the use of any print media, broadcast media,
7internet site, or any other means to advertise or market
8massage therapy services.
92. A person shall not do any of the following in an
10announcement to the public:
11a. Represent that another person is licensed under this
12chapter when the person knows, or has reason to know, that the
13other person is not licensed.
14b. Falsely represent the person’s self as licensed under
15this chapter.
16c. Offer the services of massage therapy if paragraph “a” or
17“b” of this subsection applies.
183. A person who violates subsection 2 commits a serious
19misdemeanor.
20 Sec. 3. NEW SECTION. 157.4A License and government-issued
21identification — peace officer request.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Government-issued identification” means any of the
25following:
26(1) An unexpired driver’s license issued by any state,
27territory, or district of the United States.
28(2) An unexpired identification card issued by any state,
29territory, or district of the United States.
30(3) An unexpired United States passport.
31(4) A naturalization certificate issued by the United
32States citizenship and immigration services.
33(5) An unexpired permanent resident card, also known as
34a green card, issued by the United States citizenship and
35immigration services.
-2- 1(6) An unexpired employment authorization document issued
2by the United States citizenship and immigration services.
3b. “Peace officer” means any of the following:
4(1) Sheriffs and their regular deputies who are subject to
5mandated law enforcement training.
6(2) Marshals and police officers of cities.
7(3) Peace officer members of the department of public safety
8as defined in chapter 80.
9(4) Special security officers employed by board of regents
10institutions as set forth in section 262.13.
11(5) Such employees of the department of transportation as
12are designated “peace officers” by resolution of the department
13under section 321.477.
14(6) Employees of an aviation authority designated as “peace
15officers” by the authority under section 330A.8, subsection 16.
162. While engaged in the practice of cosmetology, a person
17licensed or who purports to be licensed under this chapter
18shall, upon the request of any peace officer, immediately
19present a copy of the person’s valid cosmetologist license and
20government-issued identification to the peace officer.
21 Sec. 4. NEW SECTION. 157.4B Announcements to the public.
221. For purposes of this section, “announcement to the
23public” means the use of any print media, broadcast media,
24internet site, or any other means to advertise or market
25massage therapy services.
262. A person shall not do any of the following in an
27announcement to the public:
28a. Represent that another person is licensed under this
29chapter when the person knows, or has reason to know, that the
30other person is not licensed.
31b. Falsely represent the person’s self as licensed under
32this chapter.
333. A person who violates subsection 2 commits a serious
34misdemeanor.
35 Sec. 5. Section 710A.1, subsection 3, Code 2021, is amended
-3-1to read as follows:
23. “Forced labor or services” means labor or services
3that are performed or provided by another person and that are
4obtained or maintained through any of the following:
5a. Causing or threatening to cause serious physical injury
6to any person.
7b. Physically restraining or threatening to physically
8restrain another person.
9c. Abusing or threatening to abuse the law or legal process.
10d. Knowingly destroying, concealing, removing,
11confiscating, or possessing any actual or purported passport or
12other immigration document, or any other actual or purported
13 government identification document, of another person.
14e. Knowingly providing or facilitating the provision of
15a forged, altered, or fraudulent license purportedly issued
16pursuant to chapter 152C or 157, or a forged, altered, or
17fraudulent government identification, to another person in
18order to force, coerce, entice, assist, facilitate, or permit
19the other person to perform labor or services.
20f. Knowingly forcing, coercing, enticing, assisting,
21facilitating, or permitting another person in possession of
22a forged, altered, or fraudulent license purportedly issued
23pursuant to chapter 152C or 157, or a forged, altered, or
24fraudulent government identification, to produce such license
25or government identification to a peace officer upon request of
26the peace officer pursuant to section 152C.5B or 157.4A.
27 Sec. 6. Section 710A.2, subsection 6, Code 2021, is amended
28to read as follows:
296. A person who knowingly engages in human trafficking
30by knowingly destroying, concealing, removing, confiscating,
31or possessing any actual or purported passport or other
32immigration document, or any other actual or purported
33 government identification document of a victim another person
34 is guilty of a class “D” felony, except that if that other
35person is under the age of eighteen, the person is guilty of a
-4-1class “C” felony.
2 Sec. 7. Section 710A.2, Code 2021, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 7A. A person who knowingly engages in
5human trafficking by knowingly providing or facilitating
6the provision of a forged, altered, or fraudulent license
7purportedly issued pursuant to chapter 152C or 157, or a
8forged, altered, or fraudulent government identification to
9another person, to force, coerce, entice, assist, facilitate,
10or permit the other person to perform labor or services is
11guilty of an aggravated misdemeanor, except if that other
12person is under the age of eighteen, the person is guilty of a
13class “D” felony.
14 NEW SUBSECTION. 7B. A person who knowingly engages in
15human trafficking by knowingly forcing, coercing, enticing,
16assisting, facilitating, or permitting another person in
17possession of a forged, altered, or fraudulent license
18purportedly issued pursuant to chapter 152C or 157, or a
19forged, altered, or fraudulent government identification, to
20produce such license or government identification upon request
21of a peace officer pursuant to section 152C.5B or 157.4A, is
22guilty of an aggravated misdemeanor, except if that other
23person is under the age of eighteen, the person is guilty of a
24class “D” felony.
25 NEW SUBSECTION. 9. A person who is found guilty, enters
26a plea of guilty, receives a deferred judgment, or receives a
27deferred or suspended sentence for a violation of this chapter
28shall be ineligible for a license pursuant to chapter 152C or
29157 for a period of not less than five years from the date of
30conviction, plea, judgment, or sentence.
31 Sec. 8. NEW SECTION. 710A.2B Premises used for human
32trafficking.
331. A person who owns, rents, leases, or uses any part of
34a building, structure, boat, trailer, or other place offering
35shelter or seclusion, and who knows, or has reason to know,
-5-1that the building, structure, boat, trailer, or other place
2offering shelter or seclusion is being used for the purposes of
3human trafficking, commits a class “D” felony.
42. It shall be an affirmative defense to a prosecution of a
5person pursuant to subsection 1, if immediately upon acquiring
6knowledge that the building, structure, boat, trailer, or other
7place offering shelter or seclusion is used for the purposes of
8human trafficking, the person notifies a law enforcement agency
9with jurisdiction and fully cooperates with any subsequent
10investigation.
11 Sec. 9. Section 710A.4, Code 2021, is amended to read as
12follows:
13710A.4 Restitution — restorative expenses.
141. For purposes of this section, “restorative expenses”
15 means the projected costs of education, vocational training,
16medical health, mental health, transportation, housing, child
17care, or other projected costs that will aid in a victim’s
18recovery.
192. The gross income of the a defendant or the value of
20labor or services performed by the a victim to of the defendant
21shall be considered when determining the amount of restitution
22pursuant to chapter 910. For purposes of this section,
23restitution may include restorative expenses for a period not
24to exceed ten years as approved and ordered by the court.
253. A defendant’s ability to pay shall not be a factor in the
26court’s decision to order restorative expenses.
274. A defendant’s obligation to pay court-ordered
28restorative expenses shall not be dischargeable in any
29proceeding under the federal Bankruptcy Act of 1898, as
30amended.
31 Sec. 10. NEW SECTION. 710A.7 Peace officer referral.
32If during the course of an investigation or prosecution
33under this chapter a peace officer has reason to believe that a
34person who purports to be licensed pursuant to chapter 152C or
35157 does not possess a valid license or is in violation of any
-6-1other state or federal laws, the peace officer may report such
2noncompliance to the appropriate board as designated in section
3147.13, to the investigations division of the department of
4inspections and appeals, and to the appropriate state or
5federal authorities.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to certain civil and criminal enforcement
10activities involving the practice of massage therapy and
11cosmetology, and human trafficking, and provides penalties.
12PRACTICE OF MASSAGE THERAPY AND COSMETOLOGY. The bill
13provides that while engaged in the practice of massage therapy
14pursuant to Code chapter 152C or cosmetology pursuant to
15Code chapter 157, a person who is licensed or who purports
16to be licensed must, immediately upon the request of a peace
17officer, present a copy of the person’s valid license and
18government-issued identification to the peace officer. A
19person who fails to comply with such a request commits a
20serious misdemeanor. The bill provides definitions of
21“government-issued identification” and “peace officer”.
22The bill prohibits a person, in an announcement to the
23public, from representing that another person is licensed
24as a massage therapist or a cosmetologist, when the person
25knows or has reason to know the other person is not licensed
26as a massage therapist or a cosmetologist. A person is also
27prohibited from falsely representing the person’s self as being
28licensed as a massage therapist or a cosmetologist. A person
29who violates either provision commits a serious misdemeanor.
30The bill provides a definition of “announcement to the public”.
31HUMAN TRAFFICKING. The bill provides that a person who
32knowingly engages in human trafficking by knowingly providing
33or facilitating the provision of a forged, altered, or
34fraudulent license purportedly issued pursuant to Code chapter
35152C or 157, or a forged, altered, or fraudulent government
-7-1identification, to another person to force, coerce, entice,
2assist, facilitate, or permit the other person to perform labor
3or services, is guilty of an aggravated misdemeanor. If the
4other person is under the age of 18, the person is guilty
5of a class “D” felony. The bill provides that a person who
6knowingly engages in human trafficking by knowingly forcing,
7coercing, enticing, assisting, facilitating, or permitting
8another person in possession of a forged, altered, or
9fraudulent license purportedly issued pursuant to Code chapter
10152C or 157, or a forged, altered, or fraudulent government
11identification, to produce such license or government
12identification to a peace officer upon request of a peace
13officer, is guilty of an aggravated misdemeanor. If the other
14person is under the age of 18, the person is guilty of a class
15“D” felony. A person who is found guilty, enters a plea of
16guilty, receives a deferred judgment, or receives a deferred or
17suspended sentence for either violation shall be ineligible for
18a massage therapist or cosmetologist license for at least five
19years.
20The bill provides that a person who owns, rents, leases, or
21uses any building, structure, boat, trailer, or other place
22offering shelter or seclusion, and who knows or has reason to
23know that the building, structure, boat, trailer, or other
24place is being used for human trafficking, commits a class
25“D” felony. It is an affirmative defense if, immediately
26upon acquiring knowledge of the human trafficking, the person
27notifies a law enforcement agency with jurisdiction and fully
28cooperates with any subsequent investigation.
29The bill provides that a court may order restorative
30expenses for a period of 10 years as part of a human
31trafficking victim’s restitution. The bill defines
32“restorative expenses” as the projected costs of education,
33vocational training, medical health, mental health,
34transportation, housing, child care, or other projected
35costs that will aid in a victim’s recovery. The court is
-8-1prohibited from considering a defendant’s ability to pay in the
2court’s decision to order restorative expenses. A defendant’s
3obligation to pay court-ordered restorative expenses is not
4dischargeable in any proceeding under the federal Bankruptcy
5Act.
6The bill provides that if during the course of an
7investigation of or prosecution for human trafficking, a peace
8officer has reason to believe that a person who purports to
9be licensed as a massage therapist or a cosmetologist does
10not possess a valid license, or is in violation of any other
11state or federal laws, the peace officer may report such
12noncompliance to the appropriate licensing board, to the
13investigations division of the department of inspections and
14appeals, and to the appropriate state or federal authorities.
-9-ko/rh
2activities involving the practice of massage therapy and
3cosmetology, and human trafficking, and providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 152C.5B License and
2government-issued identification — peace officer request.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Government-issued identification” means any of the
6following:
7(1) An unexpired driver’s license issued by any state,
8territory, or district of the United States.
9(2) An unexpired identification card issued by any state,
10territory, or district of the United States.
11(3) An unexpired United States passport.
12(4) A naturalization certificate issued by the United
13States citizenship and immigration services.
14(5) An unexpired permanent resident card, also known as
15a green card, issued by the United States citizenship and
16immigration services.
17(6) An unexpired employment authorization document issued
18by the United States citizenship and immigration services.
19b. “Peace officer” means any of the following:
20(1) Sheriffs and their regular deputies who are subject to
21mandated law enforcement training.
22(2) Marshals and police officers of cities.
23(3) Peace officer members of the department of public safety
24as defined in chapter 80.
25(4) Special security officers employed by board of regents
26institutions as set forth in section 262.13.
27(5) Such employees of the department of transportation as
28are designated “peace officers” by resolution of the department
29under section 321.477.
30(6) Employees of an aviation authority designated as “peace
31officers” by the authority under section 330A.8, subsection 16.
322. While engaged in the practice of massage therapy,
33a person licensed or who purports to be licensed under
34this chapter shall, upon the request of any peace officer,
35immediately present a copy of the person’s valid massage
-1-1therapist license and government-issued identification to the
2peace officer. A person who violates this subsection commits
3a serious misdemeanor.
4 Sec. 2. NEW SECTION. 152C.5C Announcements to the public.
51. For purposes of this section, “announcement to the
6public” means the use of any print media, broadcast media,
7internet site, or any other means to advertise or market
8massage therapy services.
92. A person shall not do any of the following in an
10announcement to the public:
11a. Represent that another person is licensed under this
12chapter when the person knows, or has reason to know, that the
13other person is not licensed.
14b. Falsely represent the person’s self as licensed under
15this chapter.
16c. Offer the services of massage therapy if paragraph “a” or
17“b” of this subsection applies.
183. A person who violates subsection 2 commits a serious
19misdemeanor.
20 Sec. 3. NEW SECTION. 157.4A License and government-issued
21identification — peace officer request.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Government-issued identification” means any of the
25following:
26(1) An unexpired driver’s license issued by any state,
27territory, or district of the United States.
28(2) An unexpired identification card issued by any state,
29territory, or district of the United States.
30(3) An unexpired United States passport.
31(4) A naturalization certificate issued by the United
32States citizenship and immigration services.
33(5) An unexpired permanent resident card, also known as
34a green card, issued by the United States citizenship and
35immigration services.
-2- 1(6) An unexpired employment authorization document issued
2by the United States citizenship and immigration services.
3b. “Peace officer” means any of the following:
4(1) Sheriffs and their regular deputies who are subject to
5mandated law enforcement training.
6(2) Marshals and police officers of cities.
7(3) Peace officer members of the department of public safety
8as defined in chapter 80.
9(4) Special security officers employed by board of regents
10institutions as set forth in section 262.13.
11(5) Such employees of the department of transportation as
12are designated “peace officers” by resolution of the department
13under section 321.477.
14(6) Employees of an aviation authority designated as “peace
15officers” by the authority under section 330A.8, subsection 16.
162. While engaged in the practice of cosmetology, a person
17licensed or who purports to be licensed under this chapter
18shall, upon the request of any peace officer, immediately
19present a copy of the person’s valid cosmetologist license and
20government-issued identification to the peace officer.
21 Sec. 4. NEW SECTION. 157.4B Announcements to the public.
221. For purposes of this section, “announcement to the
23public” means the use of any print media, broadcast media,
24internet site, or any other means to advertise or market
25massage therapy services.
262. A person shall not do any of the following in an
27announcement to the public:
28a. Represent that another person is licensed under this
29chapter when the person knows, or has reason to know, that the
30other person is not licensed.
31b. Falsely represent the person’s self as licensed under
32this chapter.
333. A person who violates subsection 2 commits a serious
34misdemeanor.
35 Sec. 5. Section 710A.1, subsection 3, Code 2021, is amended
-3-1to read as follows:
23. “Forced labor or services” means labor or services
3that are performed or provided by another person and that are
4obtained or maintained through any of the following:
5a. Causing or threatening to cause serious physical injury
6to any person.
7b. Physically restraining or threatening to physically
8restrain another person.
9c. Abusing or threatening to abuse the law or legal process.
10d. Knowingly destroying, concealing, removing,
11confiscating, or possessing any actual or purported passport or
12other immigration document, or any other actual or purported
13 government identification document, of another person.
14e. Knowingly providing or facilitating the provision of
15a forged, altered, or fraudulent license purportedly issued
16pursuant to chapter 152C or 157, or a forged, altered, or
17fraudulent government identification, to another person in
18order to force, coerce, entice, assist, facilitate, or permit
19the other person to perform labor or services.
20f. Knowingly forcing, coercing, enticing, assisting,
21facilitating, or permitting another person in possession of
22a forged, altered, or fraudulent license purportedly issued
23pursuant to chapter 152C or 157, or a forged, altered, or
24fraudulent government identification, to produce such license
25or government identification to a peace officer upon request of
26the peace officer pursuant to section 152C.5B or 157.4A.
27 Sec. 6. Section 710A.2, subsection 6, Code 2021, is amended
28to read as follows:
296. A person who knowingly engages in human trafficking
30by knowingly destroying, concealing, removing, confiscating,
31or possessing any actual or purported passport or other
32immigration document, or any other actual or purported
33 government identification document of a victim another person
34 is guilty of a class “D” felony, except that if that other
35person is under the age of eighteen, the person is guilty of a
-4-1class “C” felony.
2 Sec. 7. Section 710A.2, Code 2021, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 7A. A person who knowingly engages in
5human trafficking by knowingly providing or facilitating
6the provision of a forged, altered, or fraudulent license
7purportedly issued pursuant to chapter 152C or 157, or a
8forged, altered, or fraudulent government identification to
9another person, to force, coerce, entice, assist, facilitate,
10or permit the other person to perform labor or services is
11guilty of an aggravated misdemeanor, except if that other
12person is under the age of eighteen, the person is guilty of a
13class “D” felony.
14 NEW SUBSECTION. 7B. A person who knowingly engages in
15human trafficking by knowingly forcing, coercing, enticing,
16assisting, facilitating, or permitting another person in
17possession of a forged, altered, or fraudulent license
18purportedly issued pursuant to chapter 152C or 157, or a
19forged, altered, or fraudulent government identification, to
20produce such license or government identification upon request
21of a peace officer pursuant to section 152C.5B or 157.4A, is
22guilty of an aggravated misdemeanor, except if that other
23person is under the age of eighteen, the person is guilty of a
24class “D” felony.
25 NEW SUBSECTION. 9. A person who is found guilty, enters
26a plea of guilty, receives a deferred judgment, or receives a
27deferred or suspended sentence for a violation of this chapter
28shall be ineligible for a license pursuant to chapter 152C or
29157 for a period of not less than five years from the date of
30conviction, plea, judgment, or sentence.
31 Sec. 8. NEW SECTION. 710A.2B Premises used for human
32trafficking.
331. A person who owns, rents, leases, or uses any part of
34a building, structure, boat, trailer, or other place offering
35shelter or seclusion, and who knows, or has reason to know,
-5-1that the building, structure, boat, trailer, or other place
2offering shelter or seclusion is being used for the purposes of
3human trafficking, commits a class “D” felony.
42. It shall be an affirmative defense to a prosecution of a
5person pursuant to subsection 1, if immediately upon acquiring
6knowledge that the building, structure, boat, trailer, or other
7place offering shelter or seclusion is used for the purposes of
8human trafficking, the person notifies a law enforcement agency
9with jurisdiction and fully cooperates with any subsequent
10investigation.
11 Sec. 9. Section 710A.4, Code 2021, is amended to read as
12follows:
13710A.4 Restitution — restorative expenses.
141. For purposes of this section, “restorative expenses”
15 means the projected costs of education, vocational training,
16medical health, mental health, transportation, housing, child
17care, or other projected costs that will aid in a victim’s
18recovery.
192. The gross income of the a defendant or the value of
20labor or services performed by the a victim to of the defendant
21shall be considered when determining the amount of restitution
22pursuant to chapter 910. For purposes of this section,
23restitution may include restorative expenses for a period not
24to exceed ten years as approved and ordered by the court.
253. A defendant’s ability to pay shall not be a factor in the
26court’s decision to order restorative expenses.
274. A defendant’s obligation to pay court-ordered
28restorative expenses shall not be dischargeable in any
29proceeding under the federal Bankruptcy Act of 1898, as
30amended.
31 Sec. 10. NEW SECTION. 710A.7 Peace officer referral.
32If during the course of an investigation or prosecution
33under this chapter a peace officer has reason to believe that a
34person who purports to be licensed pursuant to chapter 152C or
35157 does not possess a valid license or is in violation of any
-6-1other state or federal laws, the peace officer may report such
2noncompliance to the appropriate board as designated in section
3147.13, to the investigations division of the department of
4inspections and appeals, and to the appropriate state or
5federal authorities.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to certain civil and criminal enforcement
10activities involving the practice of massage therapy and
11cosmetology, and human trafficking, and provides penalties.
12PRACTICE OF MASSAGE THERAPY AND COSMETOLOGY. The bill
13provides that while engaged in the practice of massage therapy
14pursuant to Code chapter 152C or cosmetology pursuant to
15Code chapter 157, a person who is licensed or who purports
16to be licensed must, immediately upon the request of a peace
17officer, present a copy of the person’s valid license and
18government-issued identification to the peace officer. A
19person who fails to comply with such a request commits a
20serious misdemeanor. The bill provides definitions of
21“government-issued identification” and “peace officer”.
22The bill prohibits a person, in an announcement to the
23public, from representing that another person is licensed
24as a massage therapist or a cosmetologist, when the person
25knows or has reason to know the other person is not licensed
26as a massage therapist or a cosmetologist. A person is also
27prohibited from falsely representing the person’s self as being
28licensed as a massage therapist or a cosmetologist. A person
29who violates either provision commits a serious misdemeanor.
30The bill provides a definition of “announcement to the public”.
31HUMAN TRAFFICKING. The bill provides that a person who
32knowingly engages in human trafficking by knowingly providing
33or facilitating the provision of a forged, altered, or
34fraudulent license purportedly issued pursuant to Code chapter
35152C or 157, or a forged, altered, or fraudulent government
-7-1identification, to another person to force, coerce, entice,
2assist, facilitate, or permit the other person to perform labor
3or services, is guilty of an aggravated misdemeanor. If the
4other person is under the age of 18, the person is guilty
5of a class “D” felony. The bill provides that a person who
6knowingly engages in human trafficking by knowingly forcing,
7coercing, enticing, assisting, facilitating, or permitting
8another person in possession of a forged, altered, or
9fraudulent license purportedly issued pursuant to Code chapter
10152C or 157, or a forged, altered, or fraudulent government
11identification, to produce such license or government
12identification to a peace officer upon request of a peace
13officer, is guilty of an aggravated misdemeanor. If the other
14person is under the age of 18, the person is guilty of a class
15“D” felony. A person who is found guilty, enters a plea of
16guilty, receives a deferred judgment, or receives a deferred or
17suspended sentence for either violation shall be ineligible for
18a massage therapist or cosmetologist license for at least five
19years.
20The bill provides that a person who owns, rents, leases, or
21uses any building, structure, boat, trailer, or other place
22offering shelter or seclusion, and who knows or has reason to
23know that the building, structure, boat, trailer, or other
24place is being used for human trafficking, commits a class
25“D” felony. It is an affirmative defense if, immediately
26upon acquiring knowledge of the human trafficking, the person
27notifies a law enforcement agency with jurisdiction and fully
28cooperates with any subsequent investigation.
29The bill provides that a court may order restorative
30expenses for a period of 10 years as part of a human
31trafficking victim’s restitution. The bill defines
32“restorative expenses” as the projected costs of education,
33vocational training, medical health, mental health,
34transportation, housing, child care, or other projected
35costs that will aid in a victim’s recovery. The court is
-8-1prohibited from considering a defendant’s ability to pay in the
2court’s decision to order restorative expenses. A defendant’s
3obligation to pay court-ordered restorative expenses is not
4dischargeable in any proceeding under the federal Bankruptcy
5Act.
6The bill provides that if during the course of an
7investigation of or prosecution for human trafficking, a peace
8officer has reason to believe that a person who purports to
9be licensed as a massage therapist or a cosmetologist does
10not possess a valid license, or is in violation of any other
11state or federal laws, the peace officer may report such
12noncompliance to the appropriate licensing board, to the
13investigations division of the department of inspections and
14appeals, and to the appropriate state or federal authorities.
-9-ko/rh