Bill Text: IA HF52 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the treatment of certain incidents of human trafficking as child abuse and to mandatory or permissive reporting of such incidents, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-06 - Subcommittee Meeting: 02/13/2019 11:30AM House Lounge. [HF52 Detail]
Download: Iowa-2019-HF52-Introduced.html
House
File
52
-
Introduced
HOUSE
FILE
52
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
treatment
of
certain
incidents
of
1
human
trafficking
as
child
abuse
and
to
mandatory
or
2
permissive
reporting
of
such
incidents,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1119YH
(4)
88
kh/jh
H.F.
52
Section
1.
Section
232.68,
subsection
2,
paragraph
a,
Code
1
2019,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(12)
The
acts
or
omissions
of
a
3
person
responsible
for
the
care
of
a
child
which
allow,
4
permit,
encourage,
or
require
the
recruitment,
harboring,
5
transportation,
provision,
obtaining,
patronizing,
or
6
soliciting
of
the
child
for
the
purpose
of
commercial
sexual
7
activity
or
forced
labor
or
services
as
defined
in
section
8
710A.1.
9
Sec.
2.
Section
232.69,
subsection
1,
unnumbered
paragraph
10
1,
Code
2019,
is
amended
to
read
as
follows:
11
The
classes
of
persons
enumerated
in
this
subsection
shall
12
make
a
report
within
twenty-four
hours
and
as
provided
in
13
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
14
classes
of
persons
enumerated
in
this
subsection
shall
make
a
15
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
16
and
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
17
of
age
or
older,
which
would
be
defined
as
child
abuse
under
18
section
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
,
19
or
(5),
or
(12),
except
that
the
abuse
resulted
from
the
acts
20
or
omissions
of
a
person
other
than
a
person
responsible
for
21
the
care
of
the
child.
22
Sec.
3.
Section
232.69,
Code
2019,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
4.
The
department
of
public
health,
25
in
cooperation
with
the
crime
victim
assistance
division
26
of
the
department
of
justice,
the
Iowa
law
enforcement
27
academy,
the
department
of
public
safety,
the
attorney
28
general’s
office,
the
department
of
education,
and
any
29
other
federal,
state,
and
local
governmental
agencies
and
30
nongovernmental
or
community
organizations
with
expertise
in
31
human
trafficking
including
commercial
sexual
activity
or
32
forced
labor
or
services
involving
children,
shall
identify
33
and
adopt
existing
training
standards
on
the
subject
of
human
34
trafficking
involving
children
that
include
curricula
on
35
-1-
LSB
1119YH
(4)
88
kh/jh
1/
5
H.F.
52
recognizing
human
trafficking
victims,
culturally
sensitive
and
1
age-appropriate
methods
for
approaching
and
dealing
effectively
2
and
appropriately
with
trafficking
victims
and
minors
who
3
are
victims
or
who
are
impacted
by
human
trafficking,
and
4
identifying
the
appropriate
authorities
to
whom
to
report
5
potential
cases
of
human
trafficking.
Mandatory
reporter
6
training
required
under
this
section
shall
utilize
the
7
standards
adopted
under
this
subsection.
8
Sec.
4.
Section
232.70,
subsection
9,
Code
2019,
is
amended
9
to
read
as
follows:
10
9.
If
a
report
would
be
determined
to
constitute
an
11
allegation
of
child
abuse
as
defined
under
section
232.68,
12
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
,
or
(5),
or
13
(12),
except
that
the
suspected
abuse
resulted
from
the
acts
14
or
omissions
of
a
person
other
than
a
person
responsible
for
15
the
care
of
the
child,
the
department
shall
refer
the
report
16
to
the
appropriate
law
enforcement
agency
having
jurisdiction
17
to
investigate
the
allegation.
The
department
shall
refer
the
18
report
orally
as
soon
as
practicable
and
in
writing
within
19
seventy-two
hours
of
receiving
the
report.
20
Sec.
5.
Section
232.71B,
subsection
1,
paragraph
a,
21
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
22
(1)
Upon
acceptance
of
a
report
of
child
abuse,
the
23
department
shall
commence
a
child
abuse
assessment
when
the
24
report
alleges
child
abuse
as
defined
in
section
232.68,
25
subsection
2
,
paragraph
“a”
,
subparagraphs
(1)
through
(3)
and
26
subparagraphs
(5)
through
(11)
(12)
,
or
which
alleges
child
27
abuse
as
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
28
subparagraph
(4),
that
also
alleges
imminent
danger,
death,
or
29
injury
to
a
child.
30
Sec.
6.
Section
235A.18,
subsection
1,
paragraph
b,
Code
31
2019,
is
amended
to
read
as
follows:
32
b.
Data
sealed
in
accordance
with
this
section
shall
be
33
expunged
eight
years
after
the
date
the
data
was
sealed.
34
However,
if
the
report
data
and
the
disposition
data
involve
35
-2-
LSB
1119YH
(4)
88
kh/jh
2/
5
H.F.
52
child
abuse
as
defined
in
section
232.68,
subsection
2
,
1
paragraph
“a”
,
subparagraph
(3)
,
or
(5),
or
(12),
the
data
2
shall
not
be
expunged
for
a
period
of
thirty
years.
Sealed
3
data
shall
be
made
available
to
the
department
of
justice
upon
4
request
if
the
prosecutor’s
review
committee
is
reviewing
5
records
or
if
a
prosecuting
attorney
has
filed
a
petition
to
6
commit
a
sexually
violent
predator
under
chapter
229A
.
7
Sec.
7.
Section
280.17,
subsection
1,
Code
2019,
is
amended
8
to
read
as
follows:
9
1.
The
board
of
directors
of
a
school
district
and
the
10
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
11
procedures,
in
accordance
with
the
guidelines
contained
in
12
the
model
policy
developed
by
the
department
of
education
in
13
consultation
with
the
department
of
human
services,
and
adopted
14
by
the
department
of
education
pursuant
to
chapter
17A
,
for
15
the
handling
of
reports
of
child
abuse,
as
defined
in
section
16
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
(3),
or
17
(5),
or
(12),
alleged
to
have
been
committed
by
an
employee
or
18
agent
of
the
public
or
nonpublic
school.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
treats
certain
incidents
of
human
trafficking
23
as
child
abuse
under
Code
chapter
232,
modifies
related
24
requirements
for
mandatory
reporters
of
child
abuse,
and
makes
25
penalties
applicable.
26
To
the
definition
of
“child
abuse”
or
“abuse”,
the
bill
27
adds
“the
acts
or
omissions
of
a
person
responsible
for
the
28
care
of
a
child
which
allow,
permit,
encourage,
or
require
the
29
recruitment,
harboring,
transportation,
provision,
obtaining,
30
patronizing,
or
soliciting
of
the
child
for
the
purpose
of
31
commercial
sexual
activity
or
forced
labor
or
services”
as
32
defined
in
Code
section
710A.1.
33
Under
Code
section
710A.1,
“forced
labor
or
services”
means
34
labor
or
services
that
are
performed
or
provided
by
another
35
-3-
LSB
1119YH
(4)
88
kh/jh
3/
5
H.F.
52
person
and
that
are
obtained
or
maintained
through
causing
or
1
threatening
to
cause
serious
physical
injury
to
any
person;
2
physically
restraining
or
threatening
to
physically
restrain
3
another
person;
abusing
or
threatening
to
abuse
the
law
or
4
legal
process;
or
knowingly
destroying,
concealing,
removing,
5
confiscating,
or
possessing
any
actual
or
purported
passport
or
6
other
immigration
document,
or
any
other
actual
or
purported
7
government
identification
document,
of
another
person.
Also
8
under
Code
section
710A.1,
“commercial
sexual
activity”
means
9
any
sex
act
or
sexually
explicit
performance
for
which
anything
10
of
value
is
given,
promised
to,
or
received
by
any
person
and
11
includes,
but
is
not
limited
to,
prostitution,
participation
in
12
the
production
of
pornography,
and
performance
in
strip
clubs.
13
The
department
of
public
health
is
directed,
in
cooperation
14
with
certain
federal,
state,
and
local
governmental
agencies
15
and
nongovernmental
or
community
organizations,
to
identify
16
and
adopt
existing
training
standards
on
the
subject
of
human
17
trafficking
involving
children
that
include
curricula
on
18
recognizing
human
trafficking
victims,
culturally
sensitive
19
and
age-appropriate
methods
for
approaching
and
dealing
with
20
trafficking
victims
and
affected
minors,
and
identifying
the
21
appropriate
authorities
to
whom
to
report
potential
cases
of
22
human
trafficking.
Mandatory
reporter
training
must
utilize
23
these
standards.
24
With
this
change
in
the
definition
of
child
abuse,
the
25
classes
of
persons
required
or
authorized
to
make
a
report
of
26
child
abuse
must
also
make
a
report
of
suspected
forced
labor
27
or
services
and
suspected
commercial
sexual
activity
involving
28
a
child.
29
The
bill
makes
conforming
changes,
including
provisions
30
relating
to
commencing
child
abuse
assessments,
referring
31
reports
to
law
enforcement,
expunging
data
under
certain
32
conditions,
and
the
procedures
school
districts
and
accredited
33
nonpublic
schools
must
use
in
handling
child
abuse
reports.
34
The
civil
and
criminal
sanctions
of
Code
section
232.75
35
-4-
LSB
1119YH
(4)
88
kh/jh
4/
5
H.F.
52
apply
to
a
person
who
fails
to
report
a
suspected
case
of
1
child
abuse
or
knowingly
reports
false
information.
If
the
2
department
of
human
services
issues
a
finding
that
the
alleged
3
child
abuse
meets
the
definition
of
child
abuse,
the
child
4
abuse
central
registry
provisions
of
Code
chapters
232
and
235A
5
apply.
6
-5-
LSB
1119YH
(4)
88
kh/jh
5/
5
