Bill Text: IA SF2263 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act creating the criminal offense of sexual exploitation of a student with a developmental disability by a college employee, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-15 - Subcommittee: Schultz, Kinney, and Schneider. S.J. 332. [SF2263 Detail]
Download: Iowa-2017-SF2263-Introduced.html
Senate File 2263 - Introduced SENATE FILE BY BROWN A BILL FOR 1 An Act creating the criminal offense of sexual exploitation 2 of a student with a developmental disability by a college 3 employee, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5698XS (7) 87 jm/rj PAG LIN 1 1 Section 1. Section 614.1, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12A. Sexual exploitation of a student with 1 4 a developmental disability by a college employee. An action for 1 5 damages for injury suffered as a result of sexual exploitation 1 6 by a college employee, as defined in section 709.15A, shall 1 7 be brought within five years of the date the victim was last 1 8 enrolled in or attended the college. 1 9 Sec. 2. Section 692A.102, subsection 1, paragraph a, Code 1 10 2018, is amended by adding the following new subparagraph: 1 11 NEW SUBPARAGRAPH. (012) Sexual exploitation of a student 1 12 with a developmental disability by a college employee in 1 13 violation of section 709.15A. 1 14 Sec. 3. Section 702.11, subsection 2, Code 2018, is amended 1 15 by adding the following new paragraph: 1 16 NEW PARAGRAPH. 0e. Sexual exploitation of a student with a 1 17 developmental disability by a college employee in violation of 1 18 section 709.15A. 1 19 Sec. 4. NEW SECTION. 709.15A Sexual exploitation of a 1 20 student with a developmental disability by a college employee. 1 21 1. As used in this section: 1 22 a. "College" means a community college, regents institution, 1 23 or any other public or private college or university. 1 24 b. "College employee" means a person employed by a college 1 25 full=time or part=time, or employed as a contract employee 1 26 at a community college, regents institution, or any other 1 27 public or private college or university. "College employee" 1 28 does not include a person enrolled as a student at a community 1 29 college, regents institution, or public or private college or 1 30 university. 1 31 c. "Student" means a person who is currently enrolled in 1 32 or attending a community college, regents institution, or any 1 33 other public or private college or university, or who was 1 34 a student enrolled in or attended such community college, 1 35 regents institution, or public or private university or college 2 1 within thirty days of any violation of subsection 2, and who 2 2 has a developmental disability as defined under the federal 2 3 Developmental Disabilities Assistance and Bill of Rights Act of 2 4 2000, Pub. L. No. 106=402, as codified in 42 U.S.C. {15002(8). 2 5 2. a. Sexual exploitation of a student with a developmental 2 6 disability by a college employee occurs when any of the 2 7 following are found: 2 8 (1) A pattern or practice or scheme of conduct to engage in 2 9 any of the conduct described in subparagraph (2). 2 10 (2) Any sexual conduct with a student for the purpose 2 11 of arousing or satisfying the sexual desires of the college 2 12 employee or the student. Sexual conduct includes but is not 2 13 limited to the following: 2 14 (a) Kissing. 2 15 (b) Touching of the clothed or unclothed inner thigh, 2 16 breast, groin, buttock, anus, pubes, or genitals. 2 17 (c) A sex act as defined in section 702.17. 2 18 b. Sexual exploitation of a student with a developmental 2 19 disability by a college employee does not include touching 2 20 that is necessary in the performance of the college employee's 2 21 duties while acting within the scope of employment. 2 22 c. The provisions of this subsection do not apply to a 2 23 college employee if the student is not enrolled in the college 2 24 where the college employee is employed, or the college employee 2 25 does not instruct or have direct supervisory authority over the 2 26 student. 2 27 3. a. A college employee who commits sexual exploitation of 2 28 a student with a developmental disability by a college employee 2 29 in violation of subsection 2, subparagraph (1), commits an 2 30 aggravated misdemeanor. 2 31 b. A college employee who commits sexual exploitation of a 2 32 student with a developmental disability by a college employee 2 33 in violation of subsection 2, subparagraph (2), commits a 2 34 serious misdemeanor. 2 35 Sec. 5. Section 709.19, subsection 1, Code 2018, is amended 3 1 to read as follows: 3 2 1. Upon the filing of an affidavit by a victim, or a parent 3 3 or guardian on behalf of a minor who is a victim, of a crime 3 4 that is a sexual offense in violation of section 709.2, 709.3, 3 5 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, 709.15A, 3 6 or 709.16, that states that the presence of or contact with 3 7 the defendant whose release from jail or prison is imminent or 3 8 who has been released from jail or prison continues to pose a 3 9 threat to the safety of the victim, persons residing with the 3 10 victim, or members of the victim's immediate family, the court 3 11 shall enter a temporary no=contact order which shall require 3 12 the defendant to have no contact with the victim, persons 3 13 residing with the victim, or members of the victim's immediate 3 14 family. 3 15 EXPLANATION 3 16 The inclusion of this explanation does not constitute agreement with 3 17 the explanation's substance by the members of the general assembly. 3 18 This bill creates the criminal offense of sexual 3 19 exploitation of a student with a developmental disability by a 3 20 college employee. 3 21 The bill defines "college" to mean a community college, 3 22 regents institution, or any other public or private college or 3 23 university. 3 24 The bill defines "college employee" to mean a person 3 25 employed full=time or part=time or employed as a contract 3 26 employee at a community college, regents institution, or any 3 27 other public or private college or university. "College 3 28 employee" does not include a person enrolled as a student at a 3 29 community college, regents institution, or public or private 3 30 college or university. 3 31 The bill defines "student" to mean a person who is 3 32 currently enrolled in or attending a community college, 3 33 regents institution, or any other public or private college or 3 34 university, or who was a student enrolled in or attended such 3 35 community college, regents institution, or public or private 4 1 university or college within 30 days of any violation of the 4 2 bill, and who has a developmental disability as defined under 4 3 the federal Developmental Disabilities Assistance and Bill of 4 4 Rights Act of 2000, Pub. L. No. 106=402, as codified in 42 4 5 U.S.C. {15002(8). 4 6 Under the bill, a college employee commits sexual 4 7 exploitation of a student with a developmental disability by 4 8 a college employee classified as a serious misdemeanor when 4 9 any of the following are found: any sexual conduct with a 4 10 student for the purpose of arousing or satisfying the sexual 4 11 desires of the college employee or the student, including 4 12 kissing, touching of the clothed or unclothed inner thigh, 4 13 breast, groin, buttock, anus, pubes, or genitals; or a sex act 4 14 as defined in Code section 702.17. 4 15 A college employee commits sexual exploitation of a 4 16 student with a developmental disability by a college employee 4 17 classified as an aggravated misdemeanor when the college 4 18 employee engages in a pattern or practice or scheme of conduct 4 19 involving any of the following: any sexual conduct with a 4 20 student for the purpose of arousing or satisfying the sexual 4 21 desires of the school employee or the student, including 4 22 kissing, touching of the clothed or unclothed inner thigh, 4 23 breast, groin, buttock, anus, pubes, or genitals; or a sex act 4 24 as defined in Code section 702.17. 4 25 The bill provides that an action for damages for injury 4 26 suffered as a result of sexual exploitation of a student with a 4 27 developmental disability by a college employee, as defined in 4 28 Code section 709.15A, shall be brought within five years of the 4 29 date the victim was last enrolled in or attended the college. 4 30 The bill excludes sexual exploitation of a student with 4 31 a developmental disability by a college employee from the 4 32 definition of forcible felony just as sexual exploitation by a 4 33 counselor, therapist, or school employee is excluded. 4 34 The bill requires the court to enter a temporary no=contact 4 35 order, upon the filing of an affidavit by a victim of sexual 5 1 exploitation of a student with a developmental disability by 5 2 a college employee, which requires the defendant to have no 5 3 contact with the victim, persons residing with the victim, or 5 4 members of the victim's immediate family. 5 5 A person who violates the bill must register as a sex 5 6 offender under Code chapter 692A, and is required to serve a 5 7 10=year special sentence under Code section 903B.2. 5 8 An aggravated misdemeanor is punishable by confinement for 5 9 no more than two years and a fine of at least $625 but not 5 10 more than $6,250. A serious misdemeanor is punishable by 5 11 confinement for no more than one year and a fine of at least 5 12 $315 but not more than $1,875. LSB 5698XS (7) 87 jm/rj
