Bill Text: IA HF452 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to human trafficking, including screening children, civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution, and making appropriations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-20 - Subcommittee: Lohse, Thompson, M. and Wilburn. H.J. 407. [HF452 Detail]

Download: Iowa-2025-HF452-Introduced.html
House File 452 - Introduced HOUSE FILE 452 BY LOHSE A BILL FOR An Act relating to human trafficking, including screening 1 children, civil statutes of limitations, an annual 2 stakeholder meeting and report, depositions of victims, 3 restitution, restorative facilities and protective 4 services, and investigation and prosecution, and making 5 appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1992YH (4) 91 as/js
H.F. 452 Section 1. Section 80.45, subsection 3, Code 2025, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . i. Hold an annual meeting of stakeholders to 3 develop legislative proposals to combat human trafficking, and 4 submit a report, by December 15, 2025, and annually thereafter 5 for a period of five years ending with the submission of 6 the report in 2030, to the governor and general assembly. 7 Participants shall include the following: 8 (1) A representative of the department of public safety. 9 (2) A representative of the office to combat human 10 trafficking. 11 (3) A representative of the attorney general’s office. 12 (4) A representative of the department of health and human 13 services. 14 (5) A representative of juvenile court services. 15 (6) A chief of police or head law enforcement official of a 16 city in this state. 17 (7) A county sheriff. 18 (8) A county attorney who serves on a child protection 19 assistance team under section 915.35, subsection 4, paragraph 20 a” . 21 (9) A public defender or criminal law attorney with 22 experience working on human trafficking cases. 23 (10) A member of the public, or the person’s legal 24 representative, who is a former human trafficking victim. 25 (11) A representative from the Iowa network against human 26 trafficking. 27 (12) A representative from a nonprofit organization whose 28 primary focus is services for human trafficking survivors. 29 Sec. 2. Section 232.2, Code 2025, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 7A. “Commercial sexual exploitation” means 32 causing a child, by force, fraud, or coercion, to engage in sex 33 or sexually explicit activities for money, goods, services, or 34 the promise of money, goods, or services. 35 -1- LSB 1992YH (4) 91 as/js 1/ 10
H.F. 452 Sec. 3. Section 232.28, subsection 2, Code 2025, is amended 1 to read as follows: 2 2. The Upon receiving a complaint under subsection 1, the 3 court or its designee shall refer do all of the following: 4 a. Refer the complaint to an intake officer who shall 5 consult with law enforcement authorities having knowledge of 6 the facts and conduct a preliminary inquiry to determine what 7 action should be taken. 8 b. Order the child subject to the complaint to be screened 9 for commercial sexual exploitation. 10 Sec. 4. Section 232.50, Code 2025, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3A. Prior to the final dispositional 13 hearing of a child, the court shall require a substance use 14 disorder screening of the child. 15 Sec. 5. Section 232.71B, subsection 1, paragraph a, 16 unnumbered paragraph 1, Code 2025, is amended to read as 17 follows: 18 If the department determines a report constitutes a child 19 abuse allegation, the department shall promptly have the child 20 subject to the child abuse allegation screened for commercial 21 sexual exploitation, and shall commence either a child abuse 22 assessment within twenty-four hours of receiving the report or 23 a family assessment within seventy-two hours of receiving the 24 report. 25 Sec. 6. Section 614.8, subsection 2, Code 2025, is amended 26 to read as follows: 27 2. Except as provided in section 614.1, subsection 9 , or 28 section 614.8A, the times limited for actions in this chapter , 29 or chapter 216 , 659A , 669 , or 670 , except those brought for 30 penalties and forfeitures, are extended in favor of minors, 31 so that they shall have one year five years from and after 32 attainment of majority within which to file a complaint 33 pursuant to chapter 216 , to make a claim pursuant to chapter 34 669 , or to otherwise commence an action. 35 -2- LSB 1992YH (4) 91 as/js 2/ 10
H.F. 452 Sec. 7. Section 614.8A, Code 2025, is amended to read as 1 follows: 2 614.8A Damages Commencement of action for child or minor 3 sexual abuse or human trafficking —— time limitation. 4 1. Notwithstanding section 614.8, subsection 2, and the 5 times limited for actions in this chapter, the time to file 6 an action related to sexual abuse or human trafficking that 7 occurred when the injured person was a minor is extended to 8 five years beyond the minor’s attainment of eighteen years of 9 age. 10 2. An In addition to the extension of the time provided in 11 subsection 1, an action for damages for injury suffered as a 12 result of sexual abuse which or human trafficking that occurred 13 when the injured person was a child, but not discovered until 14 after the injured person is of the age of majority, shall 15 be brought within four five years from the time of discovery 16 by the injured party of both the injury and the causal 17 relationship between the injury and the sexual abuse or human 18 trafficking . 19 Sec. 8. Section 710A.1, subsection 10, Code 2025, is amended 20 to read as follows: 21 10. “Services” means an ongoing relationship between a 22 person and the actor in which the person performs performing 23 activities under the supervision of or for the benefit of the 24 an actor, including commercial sexual activity and sexually 25 explicit performances. 26 Sec. 9. NEW SECTION . 710A.8 Deposition of a victim of human 27 trafficking. 28 1. For the purposes of this section, “video deposition” 29 means the recording of video, with sound, of witness testimony 30 made under oath to be entered in the record in a judicial 31 proceeding. 32 2. In any criminal prosecution under this chapter, the 33 court, upon motion of the county attorney or attorney general, 34 for good cause shown and after notice to the defendant, may 35 -3- LSB 1992YH (4) 91 as/js 3/ 10
H.F. 452 order the taking of a video deposition of a victim of human 1 trafficking without regard to the age of the victim. 2 3. On any motion for a video deposition of the victim, the 3 court shall consider the nature of the offense, the nature of 4 testimony that may be expected, and the possible effect that 5 the testimony in person at trial may have on the victim. 6 4. During the recording of a video deposition authorized 7 pursuant to this section, the following persons may be in the 8 room with the victim: 9 a. The prosecuting attorney. 10 b. The attorney for the defendant. 11 c. A person whose presence, in the judgment of the court, 12 contributes to the well-being of the victim and who has dealt 13 with the victim in a therapeutic setting regarding the abuse, 14 excluding staff, employees, or subcontractors, or experts 15 employed or contracted by the prosecution. 16 d. Additional persons, other than the defendant, in the 17 discretion of the court. 18 5. Examination and cross-examination of the victim shall 19 proceed at the taking of the video deposition as though the 20 victim was testifying personally in the trial of the case. 21 The state shall provide the attorney for the defendant with 22 a copy of the video deposition at a suitable and reasonable 23 time prior to the trial of the case. The court, except upon 24 motion of the attorney for the defendant, and upon good cause 25 shown to disclose the video to certain specified individuals, 26 shall enter a protective order prohibiting the attorney for the 27 defendant from copying, reproducing, or distributing the video 28 deposition. Objections to the introduction into the record of 29 the deposition shall be heard by the judge in whose presence 30 the deposition was taken, and unless the court determines that 31 its introduction in lieu of the victim’s actual appearance as 32 a witness at the trial will unfairly prejudice the defendant, 33 the video deposition shall be entered into the record by the 34 state in lieu of the direct testimony of the victim and shall 35 -4- LSB 1992YH (4) 91 as/js 4/ 10
H.F. 452 be viewed and heard at the trial of the case. 1 6. All costs associated with the recording of a deposition 2 ordered pursuant to this section shall be paid by the state. 3 7. All recordings of video depositions ordered pursuant to 4 this section shall be subject to any protective order of the 5 court for the purpose of protecting the privacy of the victim 6 of the offense. 7 8. A video recording of a deposition shall be kept as other 8 evidence and shall be held until the defendant is acquitted or 9 is released from the custody of the department of corrections. 10 A defendant may pay to have the recording retained for an 11 additional period of time. 12 9. Only the court, the prosecuting attorney, and the 13 attorney for the defendant may question the victim. During the 14 testimony of the victim, the defendant shall be provided access 15 to view the testimony by closed circuit television or other 16 electronic method out of the presence of the victim and shall 17 be allowed to communicate with the defendant’s attorney by any 18 appropriate method. 19 Sec. 10. Section 725.1, subsection 1, paragraph b, Code 20 2025, is amended to read as follows: 21 b. If the person who sells or offers for sale the person’s 22 services as a partner in a sex act is under the age of eighteen, 23 the county attorney may elect, in lieu of filing a petition 24 alleging that the person has committed a delinquent act, to 25 refer that person that the person shall not be arrested, 26 charged, or prosecuted for an offense under this section, but 27 instead may be taken into temporary custody under section 28 232.78 or 232.79 or shall be referred to the department of 29 health and human services for the possible filing of a petition 30 alleging that the person is a child in need of assistance. 31 Sec. 11. Section 910.1, subsections 1 and 2, Code 2025, are 32 amended to read as follows: 33 1. “Category “A” restitution” means fines, penalties, the 34 payment of crime victim compensation program reimbursements, 35 -5- LSB 1992YH (4) 91 as/js 5/ 10
H.F. 452 and surcharges. 1 2. “Category “B” restitution” means the contribution of 2 funds to a local anticrime organization which that provided 3 assistance to law enforcement in an offender’s case, the 4 payment of crime victim compensation program reimbursements, 5 payment of restitution to public agencies pursuant to 6 section 321J.2, subsection 13 , paragraph “b” , court costs, 7 court-appointed attorney fees ordered pursuant to section 8 815.9 , including the expense of a public defender, and payment 9 to the medical assistance program pursuant to chapter 249A for 10 expenditures paid on behalf of the victim resulting from the 11 offender’s criminal activities including investigative costs 12 incurred by the Medicaid fraud control unit pursuant to section 13 249A.50 . 14 Sec. 12. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 15 RESTORATION FACILITIES. The department of health and human 16 services shall develop a plan in consultation with nonprofit 17 service providers who provide restoration services to 18 victims of human trafficking to increase the availability of 19 restoration facilities and protective services available to 20 juvenile victims of human trafficking, including juvenile 21 victims who are not, at the time of victimization, either 22 a child in need of assistance or otherwise involved in 23 the juvenile court system. The department shall consider 24 developing a network with other states to provide housing 25 outside of the state for victims at risk of returning to the 26 person involved in the victim’s trafficking. The department of 27 health and human services shall present a report detailing the 28 plan to the governor and the general assembly by December 15, 29 2025. 30 Sec. 13. OFFICE OF THE ATTORNEY GENERAL —— HUMAN TRAFFICKING 31 —— APPROPRIATION. There is appropriated from the general fund 32 of the state to the office of the attorney general for the 33 fiscal year beginning July 1, 2025, and ending June 30, 2026, 34 the following amount, or so much thereof as is necessary, to be 35 -6- LSB 1992YH (4) 91 as/js 6/ 10
H.F. 452 used for the purposes designated: 1 For the creation of a joint unit involving the attorney 2 general’s office, and the Iowa office to combat human 3 trafficking within the division of intelligence and fusion 4 center of the department of public safety, for the purpose 5 of investigating and prosecuting human trafficking cases, 6 collecting and analyzing human trafficking data, evaluating 7 the effectiveness of state-funded initiatives to combat human 8 trafficking, and working with state agencies to report data on 9 human trafficking investigations and prosecutions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to human trafficking, including civil 15 statutes of limitations, an annual stakeholder meeting and 16 report, depositions of victims, restitution, restorative 17 facilities and protective services, and investigation and 18 prosecution. 19 The bill directs the office to combat human trafficking 20 within the department of public safety to hold an annual 21 meeting of stakeholders to develop legislative proposals to 22 combat human trafficking, and submit a report to the governor 23 and general assembly by December 15, 2025, and annually 24 thereafter for five years until the submission of the report in 25 2030. The bill specifies the participants in the meeting. 26 The bill increases the statute of limitations for commencing 27 an action for sexual abuse or human trafficking of a minor or 28 child to five years after the victim has attained 18 years of 29 age. 30 The bill defines “commercial sexual exploitation” as causing 31 a child, by force, fraud, or coercion, to engage in sex or 32 sexually explicit activities for money, goods, services, or the 33 promise of money, goods, or services. 34 The bill requires the juvenile court or the court’s designee 35 -7- LSB 1992YH (4) 91 as/js 7/ 10
H.F. 452 to order a child screened for exploitation when the court 1 receives a complaint alleging that the child committed a 2 delinquent act. 3 The bill requires the department of health and human 4 services (HHS) to screen a child for exploitation if 5 HHS determines a report it receives alleging child abuse 6 constitutes a child abuse allegation. 7 The bill requires the juvenile court to order a substance use 8 disorder screening of a child prior to the final disposition of 9 the child’s case. 10 The bill provides that the time limitations for actions are 11 extended in favor of minors so that they have five years from 12 reaching the age of majority to make a claim. 13 The bill provides that in any criminal prosecution under 14 Code chapter 710A (human trafficking), the court, upon motion 15 of the county attorney or attorney general, for good cause 16 shown and after notice to the defendant, may order the taking 17 of a video deposition of a victim of human trafficking without 18 regard to the age of the victim. The court shall consider the 19 nature of the offense, the nature of testimony that may be 20 expected, and the possible effect that the testimony in person 21 at trial may have on the victim. 22 The bill provides that during the recording of a video 23 deposition, the following persons may be in the room with 24 the victim: the prosecuting attorney; the attorney for the 25 defendant; a person whose presence, in the judgment of the 26 court, contributes to the well-being of the victim and who 27 has dealt with the victim in a therapeutic setting regarding 28 the abuse, excluding staff, employees, or subcontractors, 29 or experts employed or contracted by the prosecution; and 30 additional persons, other than the defendant, in the discretion 31 of the court. 32 The bill provides that examination and cross-examination of 33 the victim shall proceed at the taking of the video deposition 34 as though the victim was testifying personally in the trial 35 -8- LSB 1992YH (4) 91 as/js 8/ 10
H.F. 452 of the case. The state shall provide the attorney for the 1 defendant with a copy of the video deposition prior to the 2 trial of the case. Objections to the introduction into 3 the record of the deposition shall be heard by the judge in 4 whose presence the deposition was taken, and unless the court 5 determines that its introduction in lieu of the victim’s actual 6 appearance as a witness at the trial will unfairly prejudice 7 the defendant, the video deposition shall be entered into the 8 record by the state in lieu of the direct testimony of the 9 victim and shall be viewed and heard at the trial of the case. 10 Only the court, the prosecuting attorney, and the attorney for 11 the defendant may question the victim. During the testimony 12 of the victim, the defendant shall be provided access by 13 closed circuit television or other electronic means to view 14 the testimony out of the presence of the victim and shall be 15 allowed to communicate with the defendant’s attorney by any 16 appropriate method. 17 The bill provides that if a person who sells or offers 18 for sale the person’s services as a partner in a sex act is 19 under the age of 18, the county attorney may elect, in lieu 20 of filing a petition alleging that the person has committed a 21 delinquent act, that the person shall not be arrested, charged, 22 or prosecuted for the offense, but instead may be taken into 23 temporary custody under Code section 232.78 or 232.79 or shall 24 be referred to HHS for the possible filing of a petition 25 alleging that the person is a child in need of assistance. 26 Current law provides that “category “A” restitution” 27 means fines, penalties, and surcharges, and “category “B” 28 restitution” means the contribution of funds to a local 29 anticrime organization which provided assistance to law 30 enforcement in an offender’s case, the payment of crime 31 victim compensation program reimbursements, payment of 32 restitution to public agencies pursuant to Code section 33 321J.2(13)(b) (operating while under the influence), court 34 costs, court-appointed attorney fees, and payment to the 35 -9- LSB 1992YH (4) 91 as/js 9/ 10
H.F. 452 medical assistance program. 1 The bill provides that the payment of crime victim 2 compensation program reimbursements is category “A” 3 restitution. 4 The bill directs HHS to develop a plan in consultation with 5 nonprofit service providers who provide restoration services 6 to victims of human trafficking to increase the availability 7 of restoration facilities and protective services available 8 to juvenile victims of human trafficking, including juvenile 9 victims who are not, at the time of victimization, either 10 a child in need of assistance or otherwise involved in the 11 juvenile court system. HHS shall consider developing a network 12 with other states to provide housing outside of the state for 13 victims at risk of returning to the person involved in the 14 victim’s trafficking. A report detailing the plan shall be 15 presented to the governor and the general assembly by December 16 15, 2025. 17 The bill appropriates from the general fund of the state 18 to the office of the attorney general for the fiscal year 19 beginning July 1, 2025, and ending June 30, 2026, $750,000 to 20 be used for the purpose of creating a joint unit involving the 21 attorney general’s office, and the Iowa office to combat human 22 trafficking within the division of intelligence and fusion 23 center of the department of public safety, for the purpose 24 of investigating and prosecuting human trafficking cases, 25 collecting and analyzing human trafficking data, evaluating 26 the effectiveness of state-funded initiatives to combat human 27 trafficking, and working with state agencies to report data on 28 human trafficking investigations and prosecutions. 29 -10- LSB 1992YH (4) 91 as/js 10/ 10
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