Print
House File 85 - IntroducedA Bill ForAn Act 1creating a specialty court for human trafficking.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 602.6114 Human trafficking court.
21. A human trafficking court is established in the most
3populous judicial district. The court shall provide court
4services to offenders found to be human trafficking victims and
5integrate court sanctions and incentives with alcohol abuse
6and drug abuse treatment and counseling, human trafficking
7victim treatment and counseling, and other related treatment
8and rehabilitation in a judicially supervised court setting.
92. The human trafficking court shall incorporate all of the
10following essential characteristics into its operations and
11proceedings:
12a. Integration of justice system case processing with human
13trafficking victim resources.
14b. Use of a nonadversarial approach, whereby prosecution
15and defense counsel promote public safety while protecting
16participants’ due process rights.
17c. Early and prompt identification and coordinated placement
18of eligible participants in treatment programs.
19d. Coordination of access to a continuum of trauma
20counseling, housing, alcohol and drug addiction recovery
21services, and related treatment and rehabilitation services.
22e. Adoption of a strategy that governs human trafficking
23court responses to participants’ compliance with treatment
24programs.
25f. Ongoing judicial interaction with all participants in the
26human trafficking court services.
27g. Monitoring and evaluation of participants and treatment
28programs to measure the achievement of treatment goals and
29gauge treatment effectiveness.
30h. Continuing interdisciplinary education to promote
31effective human trafficking court planning and operations.
32i. Formation of partnerships among human trafficking
33treatment courts, public agencies, and community-based
34organizations that enhance human trafficking court
35effectiveness.
-1- 13. The chief judge of the judicial district in which the
2human trafficking court is established shall designate one or
3more district judges or district associate judges to act as a
4judge of the human trafficking court for the judicial district.
54. A district judge or district associate judge designated
6as a judge of the human trafficking court pursuant to
7subsection 3 may exercise the jurisdiction of the human
8trafficking court.
95. The designation of a judge as a human trafficking court
10judge does not deprive the judge of other judicial functions.
11Any district judge or district associate judge may act as a
12human trafficking court judge during the absence of, inability
13to act by, or at the request of a designated human trafficking
14court judge.
156. The supreme court shall prescribe rules establishing
16the jurisdiction of the human trafficking court and providing
17for the administration of the human trafficking court in this
18state.
19 Sec. 2. Section 602.6306, subsection 2, Code 2023, is
20amended to read as follows:
212. District associate judges also have jurisdiction
22in civil actions for money judgment where the amount in
23controversy does not exceed ten thousand dollars; jurisdiction
24over involuntary commitment, treatment, or hospitalization
25proceedings under chapters 125 and 229; jurisdiction of
26indictable misdemeanors, class “D” felony violations, and
27other felony arraignments; jurisdiction to enter a temporary
28or emergency order of protection under chapter 235F or 236,
29and to make court appointments and set hearings in criminal
30matters; jurisdiction to enter orders in probate which do not
31require notice and hearing and to set hearings in actions under
32chapter 633 or 633A; and the jurisdiction provided in section
33602.7101 when designated as a judge of the juvenile court; and
34the jurisdiction provided in section 602.6114 when designated
35as a judge of the human trafficking court. While presiding in
-2-1these subject matters a district associate judge shall employ
2district judges’ practice and procedure.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill establishes a human trafficking court in the most
7populous judicial district and requires the court to serve
8offenders that are human trafficking victims and integrate
9court sanctions and incentives with appropriate treatment and
10rehabilitation.
11The bill identifies a series of essential characteristics
12that the court must incorporate into its operations and
13proceedings, and requires the chief judge to designate one
14or more district judges or district associate judges to act
15as a judge for and exercise the jurisdiction of the human
16trafficking court.
-3-cm/ns
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 602.6114 Human trafficking court.
21. A human trafficking court is established in the most
3populous judicial district. The court shall provide court
4services to offenders found to be human trafficking victims and
5integrate court sanctions and incentives with alcohol abuse
6and drug abuse treatment and counseling, human trafficking
7victim treatment and counseling, and other related treatment
8and rehabilitation in a judicially supervised court setting.
92. The human trafficking court shall incorporate all of the
10following essential characteristics into its operations and
11proceedings:
12a. Integration of justice system case processing with human
13trafficking victim resources.
14b. Use of a nonadversarial approach, whereby prosecution
15and defense counsel promote public safety while protecting
16participants’ due process rights.
17c. Early and prompt identification and coordinated placement
18of eligible participants in treatment programs.
19d. Coordination of access to a continuum of trauma
20counseling, housing, alcohol and drug addiction recovery
21services, and related treatment and rehabilitation services.
22e. Adoption of a strategy that governs human trafficking
23court responses to participants’ compliance with treatment
24programs.
25f. Ongoing judicial interaction with all participants in the
26human trafficking court services.
27g. Monitoring and evaluation of participants and treatment
28programs to measure the achievement of treatment goals and
29gauge treatment effectiveness.
30h. Continuing interdisciplinary education to promote
31effective human trafficking court planning and operations.
32i. Formation of partnerships among human trafficking
33treatment courts, public agencies, and community-based
34organizations that enhance human trafficking court
35effectiveness.
-1- 13. The chief judge of the judicial district in which the
2human trafficking court is established shall designate one or
3more district judges or district associate judges to act as a
4judge of the human trafficking court for the judicial district.
54. A district judge or district associate judge designated
6as a judge of the human trafficking court pursuant to
7subsection 3 may exercise the jurisdiction of the human
8trafficking court.
95. The designation of a judge as a human trafficking court
10judge does not deprive the judge of other judicial functions.
11Any district judge or district associate judge may act as a
12human trafficking court judge during the absence of, inability
13to act by, or at the request of a designated human trafficking
14court judge.
156. The supreme court shall prescribe rules establishing
16the jurisdiction of the human trafficking court and providing
17for the administration of the human trafficking court in this
18state.
19 Sec. 2. Section 602.6306, subsection 2, Code 2023, is
20amended to read as follows:
212. District associate judges also have jurisdiction
22in civil actions for money judgment where the amount in
23controversy does not exceed ten thousand dollars; jurisdiction
24over involuntary commitment, treatment, or hospitalization
25proceedings under chapters 125 and 229; jurisdiction of
26indictable misdemeanors, class “D” felony violations, and
27other felony arraignments; jurisdiction to enter a temporary
28or emergency order of protection under chapter 235F or 236,
29and to make court appointments and set hearings in criminal
30matters; jurisdiction to enter orders in probate which do not
31require notice and hearing and to set hearings in actions under
32chapter 633 or 633A; and the jurisdiction provided in section
33602.7101 when designated as a judge of the juvenile court; and
34the jurisdiction provided in section 602.6114 when designated
35as a judge of the human trafficking court. While presiding in
-2-1these subject matters a district associate judge shall employ
2district judges’ practice and procedure.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill establishes a human trafficking court in the most
7populous judicial district and requires the court to serve
8offenders that are human trafficking victims and integrate
9court sanctions and incentives with appropriate treatment and
10rehabilitation.
11The bill identifies a series of essential characteristics
12that the court must incorporate into its operations and
13proceedings, and requires the chief judge to designate one
14or more district judges or district associate judges to act
15as a judge for and exercise the jurisdiction of the human
16trafficking court.
-3-cm/ns