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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
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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.
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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.
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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
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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
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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,
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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
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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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
.
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.
.
.
.
.
.
.
.
$
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
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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
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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
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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.
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