Bill Text: IA HF2233 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual abuse and sexual exploitation by a counselor, therapist, or school employee, related penalties, and the time within which actions may be brought for damages for such injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-11 - Introduced, referred to Judiciary. H.J. 207. [HF2233 Detail]
Download: Iowa-2015-HF2233-Introduced.html
House File 2233 - Introduced HOUSE FILE BY HALL A BILL FOR 1 An Act relating to sexual abuse and sexual exploitation by a 2 counselor, therapist, or school employee, related penalties, 3 and the time within which actions may be brought for damages 4 for such injury. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5035YH (3) 86 kh/rj PAG LIN 1 1 Section 1. Section 614.1, subsection 12, Code 2016, is 1 2 amended to read as follows: 1 3 12. Sexual abuse or sexual exploitation by a counselor, 1 4 therapist, or school employee. An action for damages for 1 5 injury suffered as a result of sexual abuse, as defined in 1 6 section 709.1, by a counselor, therapist, or school employee, 1 7 as defined in section 709.15, or as a result of sexual 1 8 exploitation by a counselor, therapist, or school employee 1 9 shall be brought withinfiveten years of the date the victim 1 10 was last treated by the counselor or therapist, or within 1 11fiveten years of the date the victim was last enrolled in or 1 12 attended the school, or, if the victim was a minor when the 1 13 sexual abuse or sexual exploitation occurred, within ten years 1 14 of the date the victim attains the age of eighteen. 1 15 Sec. 2. Section 614.8, subsection 2, Code 2016, is amended 1 16 to read as follows: 1 17 2. Except as provided in section 614.1,subsection 1 18subsections 9 and 12, the times limited for actions in this 1 19 chapter, or chapter 216, 669, or 670, except those brought for 1 20 penalties and forfeitures, are extended in favor of minors, 1 21 so that they shall have one year from and after attainment of 1 22 majority within which to file a complaint pursuant to chapter 1 23 216, to make a claim pursuant to chapter 669 or 670, or to 1 24 otherwise commence an action. 1 25 Sec. 3. Section 709.15, subsection 1, paragraph f, Code 1 26 2016, is amended by striking the paragraph and inserting in 1 27 lieu thereof the following: 1 28 f. (1) "School employee" means any of the following, except 1 29 as provided in subparagraph (2): 1 30 (a) A person who holds a license, certificate, 1 31 authorization, or statement of professional recognition issued 1 32 by the board of educational examiners under chapter 272. 1 33 (b) A person employed by a school district or nonpublic 1 34 school full=time or part=time. 1 35 (c) A contract employee of a school district or nonpublic 2 1 school who has significant contact with students enrolled in 2 2 the school district or nonpublic school. 2 3 (d) A person who performs services as a volunteer for a 2 4 school district or nonpublic school and who has significant 2 5 contact with students enrolled in the school district or 2 6 nonpublic school. 2 7 (2) "School employee" does not include the following: 2 8 (a) A student enrolled in a school district or nonpublic 2 9 school. 2 10 (b) A person who holds a coaching authorization issued 2 11 under section 272.31, subsection 1, if the person is less than 2 12 four years older than the student with whom the person engages 2 13 in conduct prohibited under subsection 3, paragraph "a", and 2 14 the person is not in a position of direct authority over the 2 15 student. 2 16 (c) A person who performs services as a volunteer for a 2 17 school district or nonpublic school and who has significant 2 18 contact with students enrolled in the school district or 2 19 nonpublic school, if the person is less than four years older 2 20 than the student with whom the person engages in conduct 2 21 prohibited under subsection 3, paragraph "a", and the person is 2 22 not in a position of direct authority over the student. 2 23 Sec. 4. Section 709.15, subsection 3, Code 2016, is amended 2 24 by adding the following new paragraph: 2 25 NEW PARAGRAPH. c. The provisions of this subsection do 2 26 not apply to a person who is employed by, volunteers for, or 2 27 is under contract with a school district or nonpublic school 2 28 if the student is not enrolled in the same school district 2 29 or nonpublic school that employs the person or for which the 2 30 person volunteers or is under contract, and the person does 2 31 not meet the requirements of subsection 1, paragraph "f", 2 32 subparagraph (1), subparagraph division (a). 2 33 EXPLANATION 2 34 The inclusion of this explanation does not constitute agreement with 2 35 the explanation's substance by the members of the general assembly. 3 1 This bill extends, from five years to 10 years, the time by 3 2 which actions may be brought for damages for injury suffered as 3 3 a result of sexual abuse by a counselor, therapist, or school 3 4 employee or as a result of sexual exploitation by a counselor, 3 5 therapist, or school employee. Further, if the victim was a 3 6 minor when the sexual abuse or exploitation occurred, actions 3 7 for damages for injury must be brought within 10 years of the 3 8 date the victim attains the age of 18. The bill also allows 3 9 minors one year from and after attainment of age 18 to make a 3 10 claim for damages based upon an act or omission of an employee 3 11 of the state or political subdivision. 3 12 The bill amends the definition of "school employee" in 3 13 the Code provision that establishes the criminal offense of 3 14 sexual exploitation by a school employee. Currently under 3 15 Code section 709.15, "school employee" is defined to include 3 16 any practitioner or coach who is licensed or authorized by the 3 17 board of educational examiners. The current definition does 3 18 not limit employment to a public or nonpublic school. The bill 3 19 amends the definition to provide that "school employee" means 3 20 a person who holds a license, certificate, authorization, or 3 21 statement of professional recognition issued by the board; a 3 22 person employed by a school district or nonpublic school; a 3 23 contract employee of a school district or nonpublic school who 3 24 has significant contact with students enrolled in the school 3 25 district or nonpublic school; or a person who performs services 3 26 as a volunteer for a school district or nonpublic school and 3 27 who has significant contact with students enrolled in the 3 28 school district or nonpublic school. 3 29 However, the bill provides that the definition of "school 3 30 employee" does not include a student enrolled in a school 3 31 district or nonpublic school, or a person who is a school 3 32 volunteer or who holds a coaching authorization if such person 3 33 is less than four years older than the student and is not in 3 34 a position of direct authority over the student. Further, 3 35 the provisions related to the definition do not apply to a 4 1 person who is employed by, volunteers for, or is under contract 4 2 with a school district or nonpublic school if the student is 4 3 not enrolled in the same school district or nonpublic school 4 4 that employs the person or for which the person volunteers or 4 5 is under contract, and the person does not hold a license, 4 6 certificate, authorization, or statement of professional 4 7 recognition issued by the board. 4 8 A person who commits sexual exploitation by a school 4 9 employee in violation of Code section 709.15(3) commits either 4 10 an aggravated misdemeanor, which is punishable by confinement 4 11 for no more than two years and a fine of at least $625 but not 4 12 more than $6,250; or a class "D" felony, which is punishable by 4 13 confinement for no more than five years and a fine of at least 4 14 $750 but not more than $7,500. Such a person must register as a 4 15 tier II offender on the sex offender registry if the victim is 4 16 13 years of age or older, or, if the victim is under 13 years 4 17 of age, as a tier III offender. LSB 5035YH (3) 86 kh/rj
