Bill Text: IA SF2095 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act concerning the employment of unauthorized aliens and human trafficking and providing penalties and other sanctions and appropriations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-30 - Subcommittee: Chapman, Bisignano, and Guth. S.J. 182. [SF2095 Detail]

Download: Iowa-2017-SF2095-Introduced.html

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Senate File 2095 - Introduced




                                 SENATE FILE       
                                 BY  HART

                                      A BILL FOR

  1 An Act concerning the employment of unauthorized aliens
  2    and human trafficking and providing penalties and other
  3    sanctions and appropriations.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5454XS (7) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  13.6A  Special assistant == human
  1  2 trafficking and related offenses == employment of unauthorized
  1  3 aliens.
  1  4    The attorney general shall appoint a special assistant
  1  5 attorney general for claims who shall, under the direction of
  1  6 the attorney general, investigate and prosecute all claims
  1  7 relating to the crime of human trafficking and related offenses
  1  8 pursuant to sections 710A.2, 710A.2A, 710A.2B, 710A.2C,
  1  9 710A.2D, and 710A.2F and the employment of unauthorized aliens
  1 10 pursuant to section 91F.2.
  1 11    Sec. 2.  NEW SECTION.  73A.22  State assistance restrictions
  1 12 == persons employing unauthorized aliens.
  1 13    1.  a.  A state department, institution, or agency, or any
  1 14 board member, commissioner, director, manager, or other person
  1 15 connected with any such department, institution, or agency,
  1 16 shall not award a contract or provide developmental assistance
  1 17 to an employer as defined in section 91F.1 in which the
  1 18 employer or corporate officer of the employer has been found in
  1 19 violation of section 91F.2 within the past five years.
  1 20    b.  For purposes of this section, "developmental
  1 21 assistance" means any form of public assistance, including
  1 22 tax expenditures, made for the purpose of stimulating the
  1 23 economic development of a corporation, industry, geographic
  1 24 jurisdiction, or any other sector of the state's economy,
  1 25 including but not limited to industrial development bonds,
  1 26 training grants, loans, loan guarantees, enterprise zones,
  1 27 empowerment zones, tax increment financing, fee waivers,
  1 28 land  price subsidies, infrastructure constructed or improved
  1 29 for the benefit of a single business or defined group of
  1 30 businesses at the time it is built or improved, matching
  1 31 funds, tax abatements, tax credits and tax discounts of
  1 32 every kind, including corporate, franchise, personal income,
  1 33 sales and use, raw materials, real property, job creation,
  1 34 individual investment, excise, utility, inventory, accelerated
  1 35 depreciation, and research and development tax credits and
  2  1 discounts.
  2  2    2.  Any contract or developmental assistance awarded shall
  2  3 provide that if, during the effective period of the contract or
  2  4 developmental assistance, the vendor, contractor, subcontractor
  2  5 or developmental assistance recipient violates the provisions
  2  6 of section 91F.2, the contract or developmental assistance
  2  7 shall be terminated.
  2  8    3.  A state department, institution, or agency may enforce
  2  9 its rights under this section by instituting a civil action in
  2 10 district court in this state.  In addition, a state department,
  2 11 institution, or agency shall not award a contract or provide
  2 12 developmental assistance to any person that violates this
  2 13 section for a period of five years after the date of the
  2 14 violation.
  2 15    Sec. 3.  NEW SECTION.  91F.1  Definitions.
  2 16    As used in this chapter:
  2 17    1.  "Commissioner" means the labor commissioner.
  2 18    2.  "Employee" means a natural person who is employed in this
  2 19 state for wages paid on an hourly basis by an employer.
  2 20    3.  "Employer" means a person, as defined in section 4.1,
  2 21 who in this state employs for wages, paid on an hourly basis,
  2 22 one or more natural persons.  An employer does not include
  2 23 a client, patient, customer, or other person who obtains
  2 24 professional services from a licensed person who provides
  2 25 the services on a fee service basis or as an independent
  2 26 contractor, or the state, or an agency or governmental
  2 27 subdivision of the state.
  2 28    4.  "Unauthorized alien" means a person who is not a citizen
  2 29 or legal resident and who has not been lawfully admitted to the
  2 30 United States for permanent residence or who is not authorized
  2 31 to work in the United States.
  2 32    Sec. 4.  NEW SECTION.  91F.2  Unauthorized aliens == employer
  2 33 prohibition.
  2 34    An employer shall not knowingly employ as an employee an
  2 35 unauthorized alien.  For purposes of this section, "knowingly
  3  1 employ as an employee an unauthorized alien" includes cases in
  3  2 which an employer actually knows a person is an unauthorized
  3  3 alien and cases in which any person exercising reasonable care
  3  4 should know from facts and circumstances that a person is an
  3  5 unauthorized alien.
  3  6    Sec. 5.  NEW SECTION.  91F.3  Civil penalties.
  3  7    1.  An employer who violates section 91F.2 is subject to a
  3  8 civil penalty of up to one thousand dollars.
  3  9    2.  A corporate officer of an employer who, through repeated
  3 10 violation of section 91F.2, demonstrates a pattern of employing
  3 11 unauthorized aliens commits a serious misdemeanor.
  3 12    3.  An employer who, through repeated violation of section
  3 13 91F.2, demonstrates a pattern of employing unauthorized aliens
  3 14 may be ordered to pay punitive damages.
  3 15    Sec. 6.  NEW SECTION.  91F.4  Duties and authority of the
  3 16 commissioner == enforcement by attorney general.
  3 17    1.  The commissioner shall adopt rules to administer and
  3 18 enforce this chapter.
  3 19    2.  In order to carry out the purposes of this chapter,
  3 20 the commissioner or the commissioner's representative, upon
  3 21 presenting appropriate credentials to an employer's owner,
  3 22 operator, or agent in charge, may do any of the following:
  3 23    a.  Inspect employment records relating to the employees of
  3 24 the employer.
  3 25    b.  Interview an employer, owner, operator, agent, or
  3 26 employee, during working hours or at other reasonable times.
  3 27    3.  If the commissioner has reason to believe that an
  3 28 employer may be in violation of this chapter, the commissioner
  3 29 shall notify the attorney general, and provide the attorney
  3 30 general with any supporting information, for prosecution of the
  3 31 violation by the attorney general.
  3 32    Sec. 7.  NEW SECTION.  91F.5  Prohibitions relating to certain
  3 33 actions by employees == penalty == civil remedy.
  3 34    1.  An employer shall not discharge an employee or take
  3 35 or fail to take action regarding an employee's appointment
  4  1 or proposed appointment or promotion or proposed promotion,
  4  2 or regarding any advantage of an employee as a reprisal
  4  3 for a failure by the employee to inform the employer that
  4  4 the employee made a disclosure of information to any law
  4  5 enforcement agency if the employee reasonably believes the
  4  6 information evidences a violation of section 91F.2, 710A.2,
  4  7 710A.2A, 710A.2B, 710A.2C, or 710A.2D.
  4  8    2.  Subsection 1 does not apply if the disclosure of the
  4  9 information is prohibited by statute.
  4 10    3.  An employer who violates subsection 1 commits a simple
  4 11 misdemeanor.
  4 12    4.  Subsection 1 may be enforced through a civil action.
  4 13    a.  An employer who violates subsection 1 is liable to
  4 14 an aggrieved employee for affirmative relief, including
  4 15 reinstatement, with or without back pay, or any other equitable
  4 16 relief the court deems appropriate, including attorney fees and
  4 17 costs.
  4 18    b.  If an employer commits, is committing, or proposes to
  4 19 commit an act in violation of subsection 1, an injunction may
  4 20 be granted through an action in district court to prohibit the
  4 21 person from continuing such acts.  The action for injunctive
  4 22 relief may be brought by an aggrieved employee or the attorney
  4 23 general.
  4 24    Sec. 8.  Section 710A.1, Code 2018, is amended to read as
  4 25 follows:
  4 26    710A.1  Definitions.
  4 27    As used in this chapter:
  4 28    1.  "Commercial sexual activity" means any sex act or
  4 29 sexually explicit performance for which anything of value is
  4 30 given, promised to, or received by any person and includes,
  4 31 but is not limited to, prostitution, participation in the
  4 32 production of pornography, and performance in strip clubs.
  4 33    2.  "Corporation" means the same as defined in section
  4 34 490.140.
  4 35    2.  3.  "Debt bondage" means the status or condition of a
  5  1 debtor arising from a pledge of the debtor's personal services
  5  2 or a person under the control of a debtor's personal services
  5  3 as a security for debt if the reasonable value of such services
  5  4 is not applied toward the liquidation of the debt or the length
  5  5 and nature of those services are not respectively limited and
  5  6 defined.
  5  7    3.  4.  "Forced labor or services" means labor or services
  5  8 that are performed or provided by another person and that are
  5  9 obtained or maintained through any of the following:
  5 10    a.  Causing or threatening to cause serious physical injury
  5 11 to any person.
  5 12    b.  Physically restraining or threatening to physically
  5 13 restrain another person.
  5 14    c.  Abusing or threatening to abuse the law or legal process.
  5 15    d.  Knowingly destroying, concealing, removing,
  5 16 confiscating, or possessing any actual or purported passport or
  5 17 other immigration document, or any other actual or purported
  5 18 government identification document, of another person.
  5 19    5.  "Foreign corporation" means the same as defined in
  5 20 section 490.140.
  5 21    4.  6.  a.  "Human trafficking" means participating in a
  5 22 venture to recruit, harbor, transport, supply provisions, or
  5 23 obtain a person for any of the following purposes:
  5 24    (1)  Forced labor or service that results in involuntary
  5 25 servitude, peonage, debt bondage, or slavery.
  5 26    (2)  Commercial sexual activity through the use of force,
  5 27 fraud, or coercion, except that if the trafficked person is
  5 28 under the age of eighteen, the commercial sexual activity need
  5 29 not involve force, fraud, or coercion.
  5 30    b.  "Human trafficking" also means knowingly purchasing or
  5 31 attempting to purchase services involving commercial sexual
  5 32 activity from a victim or another person engaged in human
  5 33 trafficking.
  5 34    5.  7.  "Involuntary servitude" means a condition of
  5 35 servitude induced by means of any scheme, plan, or pattern
  6  1 intended to cause a person to believe that if the person did
  6  2 not enter into or continue in such condition, that person or
  6  3 another person would suffer serious harm or physical restraint
  6  4 or the threatened abuse of legal process.
  6  5    6.  8.  "Labor" means work of economic or financial value.
  6  6    7.  9.  "Maintain" means, in relation to labor and services,
  6  7 to secure continued performance thereof, regardless of any
  6  8 initial agreement on the part of the victim to perform such
  6  9 type of services.
  6 10    10.  "Minor" means a person under the age of eighteen years.
  6 11    8.  11.  "Obtain" means, in relation to labor or services,
  6 12 to secure performance thereof.
  6 13    9.  12.  "Peonage" means a status or condition of involuntary
  6 14 servitude based upon real or alleged indebtedness.
  6 15    10.  13.  "Services" means an ongoing relationship between a
  6 16 person and the actor in which the person performs activities
  6 17 under the supervision of or for the benefit of the actor,
  6 18 including commercial sexual activity and sexually explicit
  6 19 performances.
  6 20    11.  14.  "Sexually explicit performance" means a live or
  6 21 public act or show intended to arouse or satisfy the sexual
  6 22 desires or appeal to the prurient interest of patrons.
  6 23    12.  15.  "Venture" means any group of two or more persons
  6 24 associated in fact, whether or not a legal entity.
  6 25    13.  16.  "Victim" means a person subjected to human
  6 26 trafficking.
  6 27    Sec. 9.  NEW SECTION.  710A.2B  Forced labor and services.
  6 28    1.  A person who knowingly subjects, attempts to subject,
  6 29 or engages in a conspiracy to subject another person to forced
  6 30 labor or services by causing or threatening to cause serious
  6 31 physical injury to that other person is guilty of a class "B"
  6 32 felony, except that if that other person is a minor, a person
  6 33 who violates this subsection is guilty of a class "A" felony.
  6 34    2.  A person who knowingly subjects, attempts to subject,
  6 35 or engages in a conspiracy to subject another person to forced
  7  1 labor or services by physically restraining or threatening to
  7  2 physically restrain that other person is guilty of a class "C"
  7  3 felony, except that if that other person is a minor, a person
  7  4 who violates this subsection is guilty of a class "B" felony.
  7  5    3.  A person who knowingly subjects, attempts to subject,
  7  6 or engages in a conspiracy to subject another person to forced
  7  7 labor or services by abusing or threatening to abuse the law
  7  8 or legal process is guilty of a class "D" felony, except that
  7  9 if that other person is a minor, a person who violates this
  7 10 subsection is guilty of a class "C" felony.
  7 11    4.  A person who knowingly subjects, attempts to subject,
  7 12 or engages in a conspiracy to subject another person to
  7 13 forced labor or services by knowingly destroying, concealing,
  7 14 removing, confiscating, or possessing any actual or purported
  7 15 passport or other immigration document, or any other actual or
  7 16 purported government identification document, of that other
  7 17 person is guilty of a class "D" felony, except that if that
  7 18 other person is a minor, a person who violates this subsection
  7 19 is guilty of a class "C" felony.
  7 20    Sec. 10.  NEW SECTION.  710A.2C  Human trafficking == forced
  7 21 labor and services.
  7 22    1.  A person shall not knowingly recruit, entice, harbor,
  7 23 transport, provide, or obtain by any means, or attempt to
  7 24 recruit, entice, harbor, transport, provide, or obtain by any
  7 25 means, another person, with the intent that the other person be
  7 26 subjected to forced labor or services.
  7 27    2.  A person shall not knowingly benefit, financially or by
  7 28 receiving anything of value, from participation in a venture
  7 29 that involves a violation of this section.
  7 30    3.  A person who violates this section is guilty of a class
  7 31 "B" felony, except that if the other person is a minor, a
  7 32 person who violates this section is guilty of a class "A"
  7 33 felony.
  7 34    Sec. 11.  NEW SECTION.  710A.2D  Human trafficking == sexual
  7 35 exploitation of a minor.
  8  1    1.  A person shall not knowingly recruit, entice, harbor,
  8  2 transport, provide, or obtain by any means, or attempt to
  8  3 recruit, entice, harbor, transport, provide, or obtain by any
  8  4 means, a minor, with the intent that the minor be subjected to
  8  5 sexual exploitation in violation of section 728.12.
  8  6    2.  A person shall not knowingly benefit, financially or by
  8  7 receiving anything of value, from participation in a venture
  8  8 that involves a violation of section 728.12.
  8  9    3.  A person who violates this section is guilty of a class
  8 10 "A" felony.
  8 11    Sec. 12.  NEW SECTION.  710A.2E  Sentencing enhancements.
  8 12    1.  If a violation of section 710A.2B or 710A.2C results
  8 13 in the death of the person or if the person is kidnapped in
  8 14 violation of section 710.2 or 710.3, the defendant is guilty
  8 15 of a class "A" felony.
  8 16    2.  In sentencing a person for a violation of section
  8 17 710A.2B, 710A.2C, or 710A.2D, the court shall sentence the
  8 18 defendant to an additional term of confinement of ten years in
  8 19 cases in which the victim was maintained or held for a period
  8 20 greater than one hundred eighty days or if the offense involved
  8 21 more than ten victims.
  8 22    Sec. 13.  NEW SECTION.  710A.2F  Corporate liability.
  8 23    If a corporation or foreign corporation is convicted of an
  8 24 offense pursuant to section 710A.2, 710A.2A, 710A.2B, 710A.2C,
  8 25 or 710A.2D, in addition to any other penalties provided in this
  8 26 chapter, the court shall, where appropriate, do any of the
  8 27 following:
  8 28    1.  Order the corporation's dissolution or reorganization.
  8 29    2.  Order the suspension or revocation of any license,
  8 30 permit, or prior approval granted by a state agency.
  8 31    3.  Order the surrender of the corporation's organizational
  8 32 authority if organized under state law or revocation of a
  8 33 foreign corporation's authority to conduct business in this
  8 34 state.
  8 35    Sec. 14.  Section 710A.4, Code 2018, is amended to read as
  9  1 follows:
  9  2    710A.4  Restitution.
  9  3    The gross income of the defendant or the value of labor or
  9  4 services performed by the victim to the defendant shall be
  9  5 considered when determining the amount of restitution.  In
  9  6 addition to any fine or penalty imposed under this chapter,
  9  7 the court shall order a defendant convicted of a violation
  9  8 of this chapter to make restitution for damages resulting
  9  9 directly from the violation, to the victim, pursuant to chapter
  9 10 910, and shall include an additional fine of the greater of
  9 11 either the gross income or value of the victim's labor or
  9 12 services or the value of the victim's wages of not less than
  9 13 the federal minimum wage under the federal Fair Labors Standard
  9 14 Act or under the state's minimum wage under section 91D.1, as
  9 15 applicable.
  9 16    Sec. 15.  Section 915.51, Code 2018, is amended to read as
  9 17 follows:
  9 18    915.51  General rights of human trafficking victims.
  9 19    Victims of human trafficking, as defined in section 710A.1,
  9 20 shall have the same rights as other victims of a crime,
  9 21 including the right to receive victim compensation pursuant to
  9 22 section 915.84, regardless of their immigration status.
  9 23    1.  In addition to other victim rights provided in this
  9 24 chapter, including the right to receive victim compensation
  9 25 pursuant to section 915.84 and the right to exert victim
  9 26 counseling privileges pursuant to section 915.20A, victims of  a
  9 27 crime described in section 710A.2, 710A.2A, 710A.2B, 710A.2C,
  9 28 or 710A.2D shall  have the following rights without regard to
  9 29 their immigration  status: 
  9 30    a.  The right to receive prompt medical care including  mental
  9 31 health care, food, shelter, and other assistance, if necessary.
  9 32    b.  The right to have access to legal assistance and
  9 33 translation services, if necessary. 
  9 34    c.  The right to receive reasonable police protection if
  9 35 a  victim's safety is at risk or if there is any danger of
 10  1 additional harm, including measures to protect victims and
 10  2 their family members from intimidation and threats of  reprisals
 10  3 from traffickers and their associates and ensuring  that the
 10  4 names and identifying information of victims and  their family
 10  5 members are not disclosed to the public. 
 10  6    2.  The departments of human services, human rights, public
 10  7 health, public safety, justice, and other state agencies shall
 10  8 provide the requisite services to assist in the  administration
 10  9 of this section. 
 10 10                           EXPLANATION
 10 11 The inclusion of this explanation does not constitute agreement with
 10 12 the explanation's substance by the members of the general assembly.
 10 13    This bill relates to employment of unauthorized aliens and
 10 14 human trafficking and related offenses and provides penalties.
 10 15    New Code section 73A.22 is created to prohibit state
 10 16 entities from awarding a contract or providing developmental
 10 17 assistance to a person who violates the provisions of the bill
 10 18 concerning the employment of unauthorized aliens as established
 10 19 in new Code section 91F.2.  The bill defines "developmental
 10 20 assistance" as any form of public assistance, including tax
 10 21 incentives, grants, or other subsidies.  The bill provides that
 10 22 a person violating this new provision shall have their contract
 10 23 or developmental assistance terminated. The bill grants state
 10 24 entities the right to enforce their rights in district court
 10 25 and provides that a person violating this provision shall be
 10 26 prohibited from receiving a state contract or developmental
 10 27 assistance for five years.
 10 28    The bill creates new Code chapter 91F prohibiting employers
 10 29 from employing unauthorized aliens.  The bill defines
 10 30 "unauthorized alien" as any person who is not a citizen or
 10 31 legal resident and who has not been lawfully admitted to the
 10 32 United States for permanent residence or who is not authorized
 10 33 to work in the United States.  An "employer" is any person who
 10 34 employs for wages, paid on an hourly basis, one or more natural
 10 35 persons.  The bill prohibits employers from knowingly employing
 11  1 an unauthorized alien.  The bill provides that a violation can
 11  2 occur in cases in which an employer actually knows a person
 11  3 is an unauthorized alien as well as a situation in which any
 11  4 person exercising reasonable care should know from facts and
 11  5 circumstances that a person is an unauthorized alien. The
 11  6 bill provides that a violation of this Code chapter is subject
 11  7 to a civil penalty of $1,000 and a corporate officer of an
 11  8 employer who, through repeated violations of the Code chapter,
 11  9 demonstrates a pattern of employing unauthorized  aliens,
 11 10 commits a serious misdemeanor.  An employer who demonstrates
 11 11 a pattern of employing unauthorized aliens may be ordered to
 11 12 pay punitive damages.  The bill further authorizes the labor
 11 13 commissioner within the department of workforce development to
 11 14 adopt rules to administer and enforce this new Code chapter and
 11 15 grants the commissioner the authority to investigate employer
 11 16 records and to interview employees.  The bill provides that the
 11 17 commissioner shall forward any  suspected violations of this
 11 18 Code chapter to the attorney general for prosecution. The
 11 19 bill further provides that an employer shall not discharge
 11 20 an employee from or take or fail to take action regarding an
 11 21 employee's appointment or proposed appointment, promotion or
 11 22 proposed promotion, or regarding any advantage of an employee
 11 23 as a reprisal for a failure by that employee to inform the
 11 24 employer that the employee made a disclosure of information to
 11 25 any law enforcement agency if the  employee reasonably believes
 11 26 the information evidences a violation of Code section 91F.2,
 11 27 710A.2, 710A.2A, 710A.2B, 710A.2C, or 710A.2D.  An employer
 11 28 who violates the provisions of this Code chapter is liable
 11 29 to an aggrieved employee for affirmative relief including
 11 30 reinstatement, with or without back pay, or any other equitable
 11 31 relief the court deems appropriate, including attorney fees and
 11 32 costs.  In addition, an action for injunctive relief may be
 11 33 brought by an aggrieved employee or the attorney general.
 11 34    The bill provides that a person who knowingly subjects,
 11 35 attempts to subject, or engages in a conspiracy to subject
 12  1 another person to forced labor or services by causing or
 12  2 threatening to cause serious physical injury to that person, by
 12  3 physically restraining or threatening to physically restrain
 12  4 another person, by abusing or threatening to abuse the law
 12  5 or legal process, or by destroying, concealing,  removing,
 12  6 confiscating, or possessing any actual or purported passport or
 12  7 other immigration document, or any other actual or purported
 12  8 government identification document, of another person is guilty
 12  9 of the crime of forced labor and services and is subject to a
 12 10 class "B" felony, a class "C" felony, or a class "D" felony,
 12 11 depending upon the circumstances of the offense.  A class "B"
 12 12 felony is punishable by confinement for no more than 25 years,
 12 13 a class "C" felony is punishable by  confinement for no more
 12 14 than 10 years and a fine of at least $1,000 but not more than
 12 15 $10,000, and a class "D" felony is punishable by confinement
 12 16 for no more than five years and a fine of at least $750 but not
 12 17 more than $7,500.  The bill provides sentencing enhancements
 12 18 for a crime involving a minor victim, depending on the
 12 19 circumstances of the offense, ranging from a class "A" felony,
 12 20 punishable by confinement for life without the possibility of
 12 21 parole, to a class "C" felony.
 12 22    The bill provides that a person who knowingly recruits,
 12 23 entices, harbors, transports, provides, or obtains by any
 12 24 means, or attempts to recruit, entice, harbor, transport,
 12 25 provide, or obtain by any means, another person, with the
 12 26 intent that the person be subjected to forced labor or
 12 27 services, or a person who knowingly benefits, financially or by
 12 28 receiving anything of value, from participation in a venture
 12 29 that involves forced labor or services, is guilty of a class
 12 30 "B" felony, except if the person being trafficked is a minor, a
 12 31 person who commits either act is guilty of a class "A" felony.
 12 32    The bill further provides that a person who knowingly
 12 33 recruits, entices, harbors, transports, provides, or obtains by
 12 34 any means, or attempts to recruit, entice, harbor, transport,
 12 35 provide, or obtain by any means, a minor, with the intent that
 13  1 the minor be subjected to sexual exploitation in violation of
 13  2 Code section 728.12, Iowa's sexual exploitation of a minor
 13  3 statute, or a person who knowingly benefits, financially or by
 13  4 receiving anything of value, from participation in a venture
 13  5 that involves a violation of Code section 728.12, is guilty of
 13  6 a class "A" felony.
 13  7    The bill provides sentencing enhancements for the crimes
 13  8 of forced labor and services and human trafficking in forced
 13  9 labor and services.  The bill provides that if the commission
 13 10 of any such offense results in the death of the person or if
 13 11 the person is kidnapped, the defendant is guilty of a class "A"
 13 12 felony.
 13 13    The bill provides that if a corporation is convicted of
 13 14 the  crimes of forced labor and services, human trafficking
 13 15 in forced labor and services, or human trafficking in the
 13 16 sexual exploitation of a minor, the court shall order the
 13 17 corporation's dissolution or reorganization; order the
 13 18 suspension or revocation of any license, permit, or prior
 13 19 approval granted by a state agency in Iowa; or order the
 13 20 surrender of the corporation's charter if organized under state
 13 21 law or revocation of the foreign corporation's certificate to
 13 22 conduct business in the state.
 13 23    The bill provides that a victim under the bill shall receive
 13 24 restitution pursuant to Code chapter 910 for damages resulting
 13 25 directly from a violation, and the restitution shall include
 13 26 a fine of the greater of either the gross income or value of
 13 27 the victim's labor or services, or the value of the victim's
 13 28 wages of not less than the current minimum wage under the
 13 29 federal Fair Labor Standards Act or under the Iowa minimum wage
 13 30 pursuant to Code section 91D.1.
 13 31    The bill provides that in addition to other victim rights
 13 32 provided in Code chapter 915, including the right to receive
 13 33 victim compensation pursuant to Code section 915.84 and the
 13 34 right to exert victim counseling privileges pursuant to Code
 13 35 section 915.20A, victims shall have the right to receive  prompt
 14  1 medical care including mental health care, food, shelter, and
 14  2 other assistance; the right to have access to legal assistance
 14  3 and translation services; and the right to receive reasonable
 14  4 police protection; and including ensuring that the names and
 14  5 identifying information of victims and their family members are
 14  6 not disclosed to the public if a victim's safety is at risk or
 14  7 if there is any danger of additional harm, without regard to
 14  8 their immigration status.
 14  9    The bill authorizes the attorney general to appoint a
 14 10 special assistant attorney general who shall, under the
 14 11 direction of the attorney general, investigate and prosecute
 14 12 all claims relating to the crime of human trafficking and
 14 13 related offenses and the employment of unauthorized aliens and
 14 14 appropriates up to $100,000 from the state general fund to the
 14 15 department of justice for the fiscal year beginning July 1,
 14 16 2018, and ending June 30, 2019, to be used by the department of
 14 17 justice for such purposes.  Notwithstanding Code section 8.33,
 14 18 appropriated moneys that remain unencumbered or unobligated at
 14 19 the close of the fiscal year do not revert but remain available
 14 20 for expenditure for the purposes designated until the close of
 14 21 the succeeding fiscal year.
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