Bill Text: IA HF2011 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the criminal offense of sexual exploitation by a school employee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-03-07 - Fiscal note. SCS. [HF2011 Detail]

Download: Iowa-2015-HF2011-Introduced.html

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House File 2011 - Introduced




                                 HOUSE FILE       
                                 BY  JONES

                                      A BILL FOR

  1 An Act relating to the criminal offense of sexual exploitation
  2    by a school employee.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5270YH (3) 86
    kh/nh

PAG LIN



  1  1    Section 1.  Section 709.15, subsection 1, paragraph f, Code
  1  2 2016, is amended to read as follows:
  1  3    f.  (1)  "School employee" means a any of the following,
  1  4 except as provided in subparagraph (2):
  1  5    (a)  A practitioner as defined in section 272.1 or a.
  1  6    (b)  A person issued a coaching authorization under section
  1  7 272.31, subsection 1.
  1  8    (c)  A person employed by a school district full=time,
  1  9 part=time, or as a substitute.
  1 10    (d)  A person who performs services as a volunteer for a
  1 11 school district and who has significant contact with students.
  1 12    (e)  A contract employee of the school district who has
  1 13 significant contact with students.
  1 14    (2)  "School employee" does not include a student enrolled
  1 15 in a school district. A person who would otherwise meet
  1 16 the definition of school employee under subparagraph (1),
  1 17 subparagraph divisions (b) through (e), shall not be considered
  1 18 a school employee for purposes of this paragraph "f" if the
  1 19 person is less than four years older than the student with whom
  1 20 the person engages in conduct prohibited under subsection 3,
  1 21 paragraph "a", and the person is not in a position of direct
  1 22 authority over the student.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill expands the Code provision that establishes the
  1 27 criminal offense of sexual exploitation by a school employee
  1 28 to include a person employed by a school district full=time,
  1 29 part=time, or as a substitute; and a person who performs
  1 30 services as a volunteer or contract employee for a school
  1 31 district and who has significant contact with students.
  1 32    However, under the bill, "school employee" does not include
  1 33 a student enrolled in a school district. A person who would
  1 34 otherwise meet the definition of school employee shall not be
  1 35 considered a school employee if the person is less than four
  2  1 years older than the student and is not in a position of direct
  2  2 authority over the student.
  2  3    Currently, a school employee is defined to include any
  2  4 practitioner or coach who is licensed or authorized by the
  2  5 board of educational examiners.  The current definition does
  2  6 not limit employment to a public or nonpublic school.
  2  7    A person who commits sexual exploitation by a school
  2  8 employee in violation of Code section 709.15(3) commits either
  2  9 an aggravated misdemeanor, which is punishable by confinement
  2 10 for no more than two years and a fine of at least $625 but not
  2 11 more than $6,250; or a class "D" felony, which is punishable
  2 12 by confinement for no more than five years and a fine of at
  2 13 least $750 but not more than $7,500. The person's actions also
  2 14 constitute unprofessional and unethical conduct that may result
  2 15 in disciplinary action by the board of educational examiners
  2 16 and the person must register as a sex offender.
       LSB 5270YH (3) 86
       kh/nh