Bill Text: IA HSB746 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to human trafficking, including 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: Committee Bill
Status: (Introduced - Dead) 2024-04-03 - Subcommittee recommends passage. Vote Total: 3-0. [HSB746 Detail]
Download: Iowa-2023-HSB746-Introduced.html
House
Study
Bill
746
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
MOHR)
A
BILL
FOR
An
Act
relating
to
human
trafficking,
including
civil
statutes
1
of
limitations,
an
annual
stakeholder
meeting
and
report,
2
depositions
of
victims,
restitution,
restorative
facilities
3
and
protective
services,
and
investigation
and
prosecution,
4
and
making
appropriations.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
80.45,
subsection
3,
Code
2024,
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,
2024,
and
annually
thereafter
5
for
a
period
of
five
years
ending
with
the
submission
of
6
the
report
in
2029,
to
the
governor
and
general
assembly.
7
Participants
shall
include
the
following:
8
(1)
Two
members
of
the
senate,
one
of
whom
shall
be
9
appointed
by
the
majority
leader
of
the
senate,
and
one
of
whom
10
shall
be
appointed
by
the
minority
leader
of
the
senate.
11
(2)
Two
members
of
the
house
of
representatives,
one
12
of
whom
shall
be
appointed
by
the
speaker
of
the
house
of
13
representatives,
and
one
of
whom
shall
be
appointed
by
the
14
minority
leader
of
the
house
of
representatives.
15
(3)
A
representative
of
the
department
of
public
safety.
16
(4)
A
representative
of
the
office
to
combat
human
17
trafficking.
18
(5)
A
representative
of
the
attorney
general’s
office.
19
(6)
A
representative
of
the
department
of
health
and
human
20
services.
21
(7)
A
representative
of
juvenile
court
services.
22
(8)
A
chief
of
police
or
head
law
enforcement
official
of
a
23
city
in
this
state.
24
(9)
A
county
sheriff.
25
(10)
A
county
attorney
who
serves
on
a
child
protection
26
assistance
team
under
section
915.35,
subsection
4,
paragraph
27
“
a”
.
28
(11)
A
public
defender
or
criminal
law
attorney
with
29
experience
working
on
human
trafficking
cases.
30
(12)
A
member
of
the
public,
or
the
person’s
legal
31
representative,
who
is
a
former
human
trafficking
victim.
32
(13)
A
representative
from
the
Iowa
network
against
human
33
trafficking.
34
Sec.
2.
Section
614.8,
subsection
2,
Code
2024,
is
amended
35
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to
read
as
follows:
1
2.
Except
as
provided
in
section
614.1,
subsection
9
,
or
2
section
614.8A,
the
times
limited
for
actions
in
this
chapter
,
3
or
chapter
216
,
659A
,
669
,
or
670
,
except
those
brought
for
4
penalties
and
forfeitures,
are
extended
in
favor
of
minors,
5
so
that
they
shall
have
one
year
from
and
after
attainment
of
6
majority
within
which
to
file
a
complaint
pursuant
to
chapter
7
216
,
to
make
a
claim
pursuant
to
chapter
669
,
or
to
otherwise
8
commence
an
action.
9
Sec.
3.
Section
614.8A,
Code
2024,
is
amended
to
read
as
10
follows:
11
614.8A
Damages
Commencement
of
action
for
child
or
minor
12
sexual
abuse
or
human
trafficking
——
time
limitation.
13
1.
Notwithstanding
section
614.8,
subsection
2,
and
the
14
times
limited
for
actions
in
this
chapter,
the
time
to
file
15
an
action
related
to
sexual
abuse
or
human
trafficking
that
16
occurred
when
the
injured
person
was
a
minor
is
extended
to
17
five
years
beyond
the
minor’s
attainment
of
eighteen
years
of
18
age.
19
2.
An
In
addition
to
the
extension
of
the
time
provided
in
20
subsection
1,
an
action
for
damages
for
injury
suffered
as
a
21
result
of
sexual
abuse
which
or
human
trafficking
that
occurred
22
when
the
injured
person
was
a
child,
but
not
discovered
until
23
after
the
injured
person
is
of
the
age
of
majority,
shall
24
be
brought
within
four
five
years
from
the
time
of
discovery
25
by
the
injured
party
of
both
the
injury
and
the
causal
26
relationship
between
the
injury
and
the
sexual
abuse
or
human
27
trafficking
.
28
Sec.
4.
NEW
SECTION
.
710A.8
Deposition
of
a
victim
of
human
29
trafficking.
30
1.
For
the
purposes
of
this
section,
“video
deposition”
31
means
the
recording
of
video,
with
sound,
of
witness
testimony
32
made
under
oath
to
be
entered
in
the
record
in
a
judicial
33
proceeding.
34
2.
In
any
criminal
prosecution
under
this
chapter,
the
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court,
upon
motion
of
the
county
attorney
or
attorney
general,
1
for
good
cause
shown
and
after
notice
to
the
defendant,
may
2
order
the
taking
of
a
video
deposition
of
a
victim
of
human
3
trafficking
without
regard
to
the
age
of
the
victim.
4
3.
On
any
motion
for
a
video
deposition
of
the
victim,
the
5
court
shall
consider
the
nature
of
the
offense,
the
nature
of
6
testimony
that
may
be
expected,
and
the
possible
effect
that
7
the
testimony
in
person
at
trial
may
have
on
the
victim.
8
4.
During
the
recording
of
a
video
deposition
authorized
9
pursuant
to
this
section,
the
following
persons
may
be
in
the
10
room
with
the
victim:
11
a.
The
prosecuting
attorney.
12
b.
The
attorney
for
the
defendant.
13
c.
A
person
whose
presence,
in
the
judgment
of
the
court,
14
contributes
to
the
well-being
of
the
victim
and
who
has
dealt
15
with
the
victim
in
a
therapeutic
setting
regarding
the
abuse,
16
excluding
staff,
employees,
or
subcontractors,
or
experts
17
employed
or
contracted
by
the
prosecution.
18
d.
Additional
persons,
other
than
the
defendant,
in
the
19
discretion
of
the
court.
20
5.
Examination
and
cross-examination
of
the
victim
shall
21
proceed
at
the
taking
of
the
video
deposition
as
though
the
22
victim
was
testifying
personally
in
the
trial
of
the
case.
23
The
state
shall
provide
the
attorney
for
the
defendant
with
24
a
copy
of
the
video
deposition
at
a
suitable
and
reasonable
25
time
prior
to
the
trial
of
the
case.
The
court,
except
upon
26
motion
of
the
attorney
for
the
defendant,
and
upon
good
cause
27
shown
to
disclose
the
video
to
certain
specified
individuals,
28
shall
enter
a
protective
order
prohibiting
the
attorney
for
the
29
defendant
from
copying,
reproducing,
or
distributing
the
video
30
deposition.
Objections
to
the
introduction
into
the
record
of
31
the
deposition
shall
be
heard
by
the
judge
in
whose
presence
32
the
deposition
was
taken,
and
unless
the
court
determines
that
33
its
introduction
in
lieu
of
the
victim’s
actual
appearance
as
34
a
witness
at
the
trial
will
unfairly
prejudice
the
defendant,
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the
video
deposition
shall
be
entered
into
the
record
by
the
1
state
in
lieu
of
the
direct
testimony
of
the
victim
and
shall
2
be
viewed
and
heard
at
the
trial
of
the
case.
3
6.
All
costs
associated
with
the
recording
of
a
deposition
4
ordered
pursuant
to
this
section
shall
be
paid
by
the
state.
5
7.
All
recordings
of
video
depositions
ordered
pursuant
to
6
this
section
shall
be
subject
to
any
protective
order
of
the
7
court
for
the
purpose
of
protecting
the
privacy
of
the
victim
8
of
the
offense.
9
8.
A
video
recording
of
a
deposition
shall
be
kept
as
other
10
evidence
and
shall
be
held
until
the
defendant
is
acquitted
or
11
is
released
from
the
custody
of
the
department
of
corrections.
12
A
defendant
may
pay
to
have
the
recording
retained
for
an
13
additional
period
of
time.
14
9.
Only
the
court,
the
prosecuting
attorney,
and
the
15
attorney
for
the
defendant
may
question
the
victim.
During
the
16
testimony
of
the
victim,
the
defendant
shall
be
provided
access
17
to
view
the
testimony
by
closed
circuit
television
or
other
18
electronic
method
out
of
the
presence
of
the
victim
and
shall
19
be
allowed
to
communicate
with
the
defendant’s
attorney
by
any
20
appropriate
method.
21
Sec.
5.
Section
910.1,
subsections
1
and
2,
Code
2024,
are
22
amended
to
read
as
follows:
23
1.
“Category
“A”
restitution”
means
fines,
penalties,
the
24
payment
of
crime
victim
compensation
program
reimbursements,
25
and
surcharges.
26
2.
“Category
“B”
restitution”
means
the
contribution
of
27
funds
to
a
local
anticrime
organization
which
that
provided
28
assistance
to
law
enforcement
in
an
offender’s
case,
the
29
payment
of
crime
victim
compensation
program
reimbursements,
30
payment
of
restitution
to
public
agencies
pursuant
to
31
section
321J.2,
subsection
13
,
paragraph
“b”
,
court
costs,
32
court-appointed
attorney
fees
ordered
pursuant
to
section
33
815.9
,
including
the
expense
of
a
public
defender,
and
payment
34
to
the
medical
assistance
program
pursuant
to
chapter
249A
for
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expenditures
paid
on
behalf
of
the
victim
resulting
from
the
1
offender’s
criminal
activities
including
investigative
costs
2
incurred
by
the
Medicaid
fraud
control
unit
pursuant
to
section
3
249A.50
.
4
Sec.
6.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
5
RESTORATION
FACILITIES.
The
department
of
health
and
human
6
services
shall
develop
a
plan
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
11
the
juvenile
court
system.
The
department
shall
consider
12
developing
a
network
with
other
states
to
provide
housing
13
outside
of
the
state
for
victims
at
risk
of
returning
to
the
14
person
involved
in
the
victim’s
trafficking.
The
department
of
15
health
and
human
services
shall
present
a
report
detailing
the
16
plan
to
the
governor
and
the
general
assembly
by
December
15,
17
2024.
18
Sec.
7.
OFFICE
OF
THE
ATTORNEY
GENERAL
——
HUMAN
TRAFFICKING
19
——
APPROPRIATION.
There
is
appropriated
from
the
general
fund
20
of
the
state
to
the
office
of
the
attorney
general
for
the
21
fiscal
year
beginning
July
1,
2024,
and
ending
June
30,
2025,
22
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
23
used
for
the
purposes
designated:
24
For
the
creation
of
a
joint
unit
involving
the
attorney
25
general’s
office,
and
the
Iowa
office
to
combat
human
26
trafficking
within
the
division
of
intelligence
and
fusion
27
center
of
the
department
of
public
safety,
for
the
purpose
of
28
investigating
and
prosecuting
human
trafficking
cases:
29
.
.
.
.
.
.
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.
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.
.
$
750,000
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
human
trafficking,
including
civil
34
statutes
of
limitations,
an
annual
stakeholder
meeting
and
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report,
depositions
of
victims,
restitution,
restorative
1
facilities
and
protective
services,
and
investigation
and
2
prosecution.
3
The
bill
directs
the
office
to
combat
human
trafficking
4
within
the
department
of
public
safety
to
hold
an
annual
5
meeting
of
stakeholders
to
develop
legislative
proposals
to
6
combat
human
trafficking,
and
submit
a
report
to
the
governor
7
and
general
assembly
by
December
15,
2024,
and
annually
8
thereafter
for
five
years
until
the
submission
of
the
report
in
9
2029.
The
bill
specifies
the
participants
in
the
meeting.
10
The
bill
increases
the
statute
of
limitations
for
commencing
11
an
action
for
sexual
abuse
or
human
trafficking
of
a
minor
or
12
child
to
five
years
after
the
victim
has
attained
18
years
of
13
age.
14
The
bill
provides
that
in
any
criminal
prosecution
under
15
Code
chapter
710A
(human
trafficking),
the
court,
upon
motion
16
of
the
county
attorney
or
attorney
general,
for
good
cause
17
shown
and
after
notice
to
the
defendant,
may
order
the
taking
18
of
a
video
deposition
of
a
victim
of
human
trafficking
without
19
regard
to
the
age
of
the
victim.
The
court
shall
consider
the
20
nature
of
the
offense,
the
nature
of
testimony
that
may
be
21
expected,
and
the
possible
effect
that
the
testimony
in
person
22
at
trial
may
have
on
the
victim.
23
The
bill
provides
that
during
the
recording
of
a
video
24
deposition,
the
following
persons
may
be
in
the
room
with
25
the
victim:
the
prosecuting
attorney;
the
attorney
for
the
26
defendant;
a
person
whose
presence,
in
the
judgment
of
the
27
court,
contributes
to
the
well-being
of
the
victim
and
who
28
has
dealt
with
the
victim
in
a
therapeutic
setting
regarding
29
the
abuse,
excluding
staff,
employees,
or
subcontractors,
30
or
experts
employed
or
contracted
by
the
prosecution;
and
31
additional
persons,
other
than
the
defendant,
in
the
discretion
32
of
the
court.
33
The
bill
provides
that
examination
and
cross-examination
of
34
the
victim
shall
proceed
at
the
taking
of
the
video
deposition
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as
though
the
victim
was
testifying
personally
in
the
trial
1
of
the
case.
The
state
shall
provide
the
attorney
for
the
2
defendant
with
a
copy
of
the
video
deposition
prior
to
the
3
trial
of
the
case.
Objections
to
the
introduction
into
4
the
record
of
the
deposition
shall
be
heard
by
the
judge
in
5
whose
presence
the
deposition
was
taken,
and
unless
the
court
6
determines
that
its
introduction
in
lieu
of
the
victim’s
actual
7
appearance
as
a
witness
at
the
trial
will
unfairly
prejudice
8
the
defendant,
the
video
deposition
shall
be
entered
into
the
9
record
by
the
state
in
lieu
of
the
direct
testimony
of
the
10
victim
and
shall
be
viewed
and
heard
at
the
trial
of
the
case.
11
Only
the
court,
the
prosecuting
attorney,
and
the
attorney
for
12
the
defendant
may
question
the
victim.
During
the
testimony
13
of
the
victim,
the
defendant
shall
be
provided
access
by
14
closed
circuit
television
or
other
electronic
means
to
view
15
the
testimony
out
of
the
presence
of
the
victim
and
shall
be
16
allowed
to
communicate
with
the
defendant’s
attorney
by
any
17
appropriate
method.
18
Current
law
provides
that
“category
“A”
restitution”
19
means
fines,
penalties,
and
surcharges,
and
“category
“B”
20
restitution”
means
the
contribution
of
funds
to
a
local
21
anticrime
organization
which
provided
assistance
to
law
22
enforcement
in
an
offender’s
case,
the
payment
of
crime
23
victim
compensation
program
reimbursements,
payment
of
24
restitution
to
public
agencies
pursuant
to
Code
section
25
321J.2(13)(b)
(operating
while
under
the
influence),
court
26
costs,
court-appointed
attorney
fees,
and
payment
to
the
27
medical
assistance
program.
28
The
bill
provides
that
the
payment
of
crime
victim
29
compensation
program
reimbursements
is
category
“A”
30
restitution.
31
The
bill
directs
the
department
of
health
and
human
services
32
to
develop
a
plan
to
increase
the
availability
of
restoration
33
facilities
and
protective
services
available
to
juvenile
34
victims
of
human
trafficking,
including
juvenile
victims
who
35
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H.F.
_____
are
not,
at
the
time
of
victimization,
either
a
child
in
need
1
of
assistance
or
otherwise
involved
in
the
juvenile
court
2
system.
The
department
shall
consider
developing
a
network
3
with
other
states
to
provide
housing
outside
of
the
state
for
4
victims
at
risk
of
returning
to
the
person
involved
in
the
5
victim’s
trafficking.
A
report
detailing
the
plan
shall
be
6
presented
to
the
governor
and
the
general
assembly
by
December
7
15,
2024.
8
The
bill
appropriates
from
the
general
fund
of
the
state
9
to
the
office
of
the
attorney
general
for
the
fiscal
year
10
beginning
July
1,
2024,
and
ending
June
30,
2025,
$750,000
to
11
be
used
for
the
purpose
of
creating
a
joint
unit
involving
the
12
attorney
general’s
office,
and
the
Iowa
office
to
combat
human
13
trafficking
within
the
division
of
intelligence
and
fusion
14
center
of
the
department
of
public
safety,
for
the
purpose
of
15
investigating
and
prosecuting
human
trafficking
cases.
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