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House File 2385 - IntroducedA Bill ForAn Act 1relating to reports of child abuse, and sexual
2exploitation by a counselor, therapist, or school employee,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.69, subsection 1, unnumbered
2paragraph 1, Code 2022, is amended to read as follows:
3The classes of persons enumerated in this subsection shall
4make a report within twenty-four hours and as provided in
5section 232.70, of cases of child abuse. In addition, the
6classes of persons enumerated in this subsection shall make a
7report of abuse of a child who is under twelve years of age
8and may shall make a report of abuse of a child who is twelve
9years of age or older, which would be defined as child abuse
10under section 232.68, subsection 2, paragraph “a”, subparagraph
11(3) or (5), except that the abuse resulted from the acts or
12omissions of a person other than a person responsible for the
13care of the child.
14 Sec. 2. Section 709.15, subsection 1, paragraphs g and h,
15Code 2022, are amended to read as follows:
16g. (1) “School employee” means any of the following, except
17as provided in subparagraph (2):
18(a) A person who holds a license, certificate, or statement
19of professional recognition issued under chapter 272.
20(b) A person who holds an authorization issued under chapter
21272.
22(c) A person employed by a school district, nonpublic
23elementary or secondary school, or charter school full-time,
24part-time, or as a substitute.
25(d) A person who performs services as a volunteer for a
26school district, nonpublic elementary or secondary school, or
27charter school and who has direct supervisory authority over
28the any student with whom the person and engages in conduct
29prohibited under subsection 3, paragraph “a”, with any student.
30(i) This subparagraph division shall not apply to a
31student enrolled in a school district, nonpublic elementary
32or secondary school, or charter school in any grade from
33kindergarten through grade twelve providing volunteer services
34to the school district, nonpublic elementary or secondary
35school, or charter school.
-1- 1(ii) This subparagraph division shall not apply to a
2volunteer for a school district, nonpublic elementary or
3secondary school, or charter school who is under twenty-one
4years of age who does not have, and has not had, direct
5supervisory authority over the student with whom the person
6engages in conduct prohibited under subsection 3, paragraph
7“a”.
8(e) A person who provides services under a contract for
9such services to a school district, nonpublic elementary
10or secondary school, or charter school and who has direct
11supervisory authority over the any student with whom the person
12 and engages in conduct prohibited under subsection 3, paragraph
13“a”, with any student.
14(f) A person employed by a community college full-time,
15part-time, or as a substitute who provides instruction to
16high school students under a sharing or concurrent enrollment
17program offered in accordance with section 257.11 or 261E.8.
18(2) “School employee” does not include a student enrolled in
19the school district, nonpublic elementary or secondary school,
20or charter school.
21h. “Student” means a person who is currently enrolled in
22or attending a public or nonpublic elementary or secondary
23school or charter school, or who was a student enrolled in or
24who attended a public or nonpublic elementary or secondary
25school or charter school within thirty days of any violation of
26subsection 3.
27 Sec. 3. Section 709.15, subsection 3, paragraph c, Code
282022, is amended to read as follows:
29c. The provisions of this subsection do not apply to
30a person who is employed by a school district attendance
31center if the student with whom the person engages in conduct
32prohibited under subsection 3, paragraph “a”, is not enrolled
33in the same school district attendance center that employs the
34person, the person does not have direct supervisory authority
35over the student, and the person does not meet the requirements
-2-1of subsection 1, paragraph “g”, subparagraph (1), subparagraph
2division (a).
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to reports of child abuse, and sexual
7exploitation by a counselor, therapist, or school employee.
8The bill provides that a person who is a mandatory reporter
9of child abuse shall make a report of child abuse of a child
10who is 12 years of age or older. Current law provides that a
11mandatory reporter of child abuse may make a report of child
12abuse for a child who is 12 years of age or older.
13The bill adds a person employed by, performing volunteer
14services for, or providing contract services to a nonpublic
15elementary or secondary school or charter school who has direct
16supervisory authority over any student and engages in conduct
17prohibited under Code section 709.15 (sexual exploitation by a
18counselor, therapist, or school employee) with any student to
19the definition of “school employee”.
20The bill provides that provisions of the bill concerning
21volunteers do not apply to a student enrolled in any grade from
22kindergarten through grade twelve providing volunteer services
23at a school or to a volunteer who is under 21 years of age who
24does not have, and has not had, direct supervisory authority
25over the student with whom the person engages in prohibited
26conduct.
27A school employee who commits sexual exploitation commits
28either a class “D” felony or an aggravated misdemeanor,
29depending on the nature of the offense. A class “D” felony
30is punishable by confinement for no more than five years
31and a fine of at least $1,025 but not more than $10,245. An
32aggravated misdemeanor is punishable by confinement for no more
33than two years and a fine of at least $855 but not more than
34$8,540.
35A person who commits a violation of Code section 709.15
-3-1is subject to a special sentence under Code section 903B.2;
2is classified as a tier II sex offender under Code section
3692A.102(1)(b)(11) if the child is 13 years of age or older, or
4a tier III sex offender under Code section 692A.102(1)(c)(28)
5if the child is under 13 years of age, and is required to
6register as a sex offender under Code section 692A.103; and is
7subject to a no-contact order upon release from jail or prison
8under Code section 709.19 and hormonal intervention therapy
9under Code section 903B.10(3)(h).
10A violation of Code section 709.15 is a forcible felony under
11Code section 702.11.
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2exploitation by a counselor, therapist, or school employee,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.69, subsection 1, unnumbered
2paragraph 1, Code 2022, is amended to read as follows:
3The classes of persons enumerated in this subsection shall
4make a report within twenty-four hours and as provided in
5section 232.70, of cases of child abuse. In addition, the
6classes of persons enumerated in this subsection shall make a
7report of abuse of a child who is under twelve years of age
8and may shall make a report of abuse of a child who is twelve
9years of age or older, which would be defined as child abuse
10under section 232.68, subsection 2, paragraph “a”, subparagraph
11(3) or (5), except that the abuse resulted from the acts or
12omissions of a person other than a person responsible for the
13care of the child.
14 Sec. 2. Section 709.15, subsection 1, paragraphs g and h,
15Code 2022, are amended to read as follows:
16g. (1) “School employee” means any of the following, except
17as provided in subparagraph (2):
18(a) A person who holds a license, certificate, or statement
19of professional recognition issued under chapter 272.
20(b) A person who holds an authorization issued under chapter
21272.
22(c) A person employed by a school district, nonpublic
23elementary or secondary school, or charter school full-time,
24part-time, or as a substitute.
25(d) A person who performs services as a volunteer for a
26school district, nonpublic elementary or secondary school, or
27charter school and who has direct supervisory authority over
28the any student with whom the person and engages in conduct
29prohibited under subsection 3, paragraph “a”, with any student.
30(i) This subparagraph division shall not apply to a
31student enrolled in a school district, nonpublic elementary
32or secondary school, or charter school in any grade from
33kindergarten through grade twelve providing volunteer services
34to the school district, nonpublic elementary or secondary
35school, or charter school.
-1- 1(ii) This subparagraph division shall not apply to a
2volunteer for a school district, nonpublic elementary or
3secondary school, or charter school who is under twenty-one
4years of age who does not have, and has not had, direct
5supervisory authority over the student with whom the person
6engages in conduct prohibited under subsection 3, paragraph
7“a”.
8(e) A person who provides services under a contract for
9such services to a school district, nonpublic elementary
10or secondary school, or charter school and who has direct
11supervisory authority over the any student with whom the person
12 and engages in conduct prohibited under subsection 3, paragraph
13“a”, with any student.
14(f) A person employed by a community college full-time,
15part-time, or as a substitute who provides instruction to
16high school students under a sharing or concurrent enrollment
17program offered in accordance with section 257.11 or 261E.8.
18(2) “School employee” does not include a student enrolled in
19the school district, nonpublic elementary or secondary school,
20or charter school.
21h. “Student” means a person who is currently enrolled in
22or attending a public or nonpublic elementary or secondary
23school or charter school, or who was a student enrolled in or
24who attended a public or nonpublic elementary or secondary
25school or charter school within thirty days of any violation of
26subsection 3.
27 Sec. 3. Section 709.15, subsection 3, paragraph c, Code
282022, is amended to read as follows:
29c. The provisions of this subsection do not apply to
30a person who is employed by a school district attendance
31center if the student with whom the person engages in conduct
32prohibited under subsection 3, paragraph “a”, is not enrolled
33in the same school district attendance center that employs the
34person, the person does not have direct supervisory authority
35over the student, and the person does not meet the requirements
-2-1of subsection 1, paragraph “g”, subparagraph (1), subparagraph
2division (a).
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to reports of child abuse, and sexual
7exploitation by a counselor, therapist, or school employee.
8The bill provides that a person who is a mandatory reporter
9of child abuse shall make a report of child abuse of a child
10who is 12 years of age or older. Current law provides that a
11mandatory reporter of child abuse may make a report of child
12abuse for a child who is 12 years of age or older.
13The bill adds a person employed by, performing volunteer
14services for, or providing contract services to a nonpublic
15elementary or secondary school or charter school who has direct
16supervisory authority over any student and engages in conduct
17prohibited under Code section 709.15 (sexual exploitation by a
18counselor, therapist, or school employee) with any student to
19the definition of “school employee”.
20The bill provides that provisions of the bill concerning
21volunteers do not apply to a student enrolled in any grade from
22kindergarten through grade twelve providing volunteer services
23at a school or to a volunteer who is under 21 years of age who
24does not have, and has not had, direct supervisory authority
25over the student with whom the person engages in prohibited
26conduct.
27A school employee who commits sexual exploitation commits
28either a class “D” felony or an aggravated misdemeanor,
29depending on the nature of the offense. A class “D” felony
30is punishable by confinement for no more than five years
31and a fine of at least $1,025 but not more than $10,245. An
32aggravated misdemeanor is punishable by confinement for no more
33than two years and a fine of at least $855 but not more than
34$8,540.
35A person who commits a violation of Code section 709.15
-3-1is subject to a special sentence under Code section 903B.2;
2is classified as a tier II sex offender under Code section
3692A.102(1)(b)(11) if the child is 13 years of age or older, or
4a tier III sex offender under Code section 692A.102(1)(c)(28)
5if the child is under 13 years of age, and is required to
6register as a sex offender under Code section 692A.103; and is
7subject to a no-contact order upon release from jail or prison
8under Code section 709.19 and hormonal intervention therapy
9under Code section 903B.10(3)(h).
10A violation of Code section 709.15 is a forcible felony under
11Code section 702.11.
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