Bill Text: IA HF2464 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to the expungement of certain criminal history records of victims of human trafficking, child abuse and minors engaged in prostitution, and including penalties. (Formerly HSB 721.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-24 - Placed on calendar under unfinished business. S.J. 620. [HF2464 Detail]
Download: Iowa-2021-HF2464-Amended.html
House
File
2464
-
Reprinted
HOUSE
FILE
2464
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
721)
(As
Amended
and
Passed
by
the
House
March
9,
2022
)
A
BILL
FOR
An
Act
relating
to
the
expungement
of
certain
criminal
history
1
records
of
victims
of
human
trafficking,
child
abuse
and
2
minors
engaged
in
prostitution,
and
including
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
232.68,
subsection
2,
paragraph
a,
1
subparagraph
(5),
Code
2022,
is
amended
to
read
as
follows:
2
(5)
The
acts
or
omissions
of
a
person
responsible
for
the
3
care
of
a
child
which
allow,
permit,
or
encourage
the
child
to
4
engage
engaged
in
acts
prohibited
pursuant
to
section
725.1
.
5
Notwithstanding
section
702.5
,
acts
or
omissions
under
this
6
subparagraph
include
an
act
or
omission
referred
to
in
this
7
subparagraph
with
or
to
a
person
applies
to
a
child
under
the
8
age
of
eighteen
years.
9
Sec.
2.
NEW
SECTION
.
710A.8
Expungement
of
criminal
history
10
records
——
human
trafficking
victims.
11
1.
As
used
in
this
section,
unless
the
context
otherwise
12
requires:
13
a.
“Court
records”
means
the
same
as
defined
in
Iowa
court
14
rule
20.1(2).
15
b.
“Human
trafficking”
means
the
same
as
defined
in
section
16
710A.1.
17
c.
“Official
documentation”
means
documentation
issued
by
18
a
federal,
state,
or
local
office,
agency,
or
department
that
19
provides
evidence
of
a
person’s
status
as
a
victim
of
human
20
trafficking.
21
d.
“Victim
of
human
trafficking”
means
a
person
subjected
to
22
human
trafficking.
23
2.
a.
(1)
Except
as
otherwise
provided
in
subsection
9,
a
24
person
may
petition
the
court
for
expungement
of
the
person’s
25
criminal
history
record
and
associated
court
records
resulting
26
from
the
arrest
or
filing
of
a
charge,
without
regard
to
the
27
disposition
of
the
arrest
or
of
the
charge,
for
one
or
more
28
offenses
committed
or
reported
to
have
been
committed
while
the
29
person
was
a
victim
of
human
trafficking.
30
(2)
A
petition
for
expungement
may
be
filed
by
a
person
31
at
any
time
after
the
date
on
which
the
person
is
no
longer
a
32
victim
of
human
trafficking
or
the
date
on
which
the
person
33
has
accessed
services
for
victims
of
human
trafficking.
The
34
petition
is
not
required
to
be
filed
in
the
court
in
which
the
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person’s
criminal
proceedings
originally
took
place.
1
b.
A
petition
filed
under
this
section
shall
be
considered
2
complete
only
if
accompanied
by
all
of
the
following:
3
(1)
The
petitioner’s
sworn
statement
attesting
that
the
4
petitioner
is
eligible
for
such
expungement
to
the
best
of
the
5
petitioner’s
knowledge
or
belief.
A
petitioner
who
knowingly
6
provides
false
information
on
the
sworn
statement
commits
a
7
class
“D”
felony,
punishable
as
provided
in
section
720.2.
8
(2)
Official
documentation,
if
available.
9
c.
A
clerk
of
court
shall
not
charge
a
filing
fee,
service
10
charge,
copy
fee,
or
any
other
charge
for
a
petition
filed
11
under
this
section.
12
3.
A
copy
of
a
petition
filed
under
this
section
shall
be
13
served
upon
the
appropriate
county
attorney
or
the
attorney
14
general,
and
the
arresting
law
enforcement
agency.
The
15
county
attorney,
the
attorney
general,
and
the
arresting
law
16
enforcement
agency
may
respond
to
the
court
regarding
the
17
petition.
18
4.
a.
The
petitioner
or
the
petitioner’s
attorney
may
19
appear
at
any
court
proceeding
related
to
the
petition
20
telephonically
or
via
remote
video
conference.
21
b.
The
court
shall
allow
a
victim
counselor
from
a
county
22
attorney’s
office,
a
law
enforcement
agency,
or
a
local
victim
23
services
agency
to
be
present
with
the
petitioner
during
any
24
court
proceeding
related
to
the
petition
if
requested
by
the
25
petitioner
and
if
a
victim
counselor
is
available.
26
5.
a.
If
a
petitioner
submits
official
documentation
27
pursuant
to
subsection
2,
paragraph
“b”
,
subparagraph
(2),
it
28
shall
create
a
presumption
that
the
petitioner’s
participation
29
in
the
offense
or
offenses
for
which
expungement
is
sought
30
was
due
to
the
petitioner’s
status
as
a
victim
of
human
31
trafficking,
and
the
court’s
final
determination
of
the
32
petition
shall
be
by
a
preponderance
of
the
evidence.
33
b.
Official
documentation
shall
not
be
required
for
a
court
34
to
grant
a
petition
under
this
section;
however,
a
court’s
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final
determination
without
official
documentation
shall
be
1
based
on
clear
and
convincing
evidence.
2
6.
a.
Notwithstanding
any
law
to
the
contrary,
a
court
3
may
order
the
expungement
of
the
criminal
history
record
and
4
associated
court
files
of
a
victim
of
human
trafficking
if
the
5
victim
of
human
trafficking
complies
with
the
requirements
of
6
this
section.
7
b.
If
relief
is
ordered
by
a
court,
the
clerk
of
court
shall
8
certify
a
copy
of
the
court
order
to
the
appropriate
county
9
attorney
or
attorney
general,
the
arresting
law
enforcement
10
agency,
and
any
other
agency
that
court
records
reflect
has
11
received
the
victim’s
criminal
history
record
from
the
court.
12
The
arresting
law
enforcement
agency
shall
forward
the
court
13
order
to
each
agency
to
which
the
arresting
law
enforcement
14
agency
disseminated
the
criminal
history
record
to
which
the
15
court
order
pertains.
The
department
of
public
safety
shall
16
forward
the
court
order
to
the
federal
bureau
of
investigation.
17
7.
a.
A
criminal
history
record
and
associated
court
18
records
that
are
expunged
under
this
section
shall
be
19
confidential
records
and
exempt
from
public
access
under
20
section
22.7,
except
that
the
criminal
history
record
and
21
associated
court
records
shall
be
made
available
by
a
clerk
of
22
district
court
upon
court
order.
23
b.
A
criminal
history
record
that
is
expunged
under
this
24
section
that
is
retained
by
the
department
of
public
safety
25
shall
be
a
confidential
record
and
exempt
from
public
access
26
under
section
22.7,
except
that
the
criminal
history
record
27
shall
be
made
available
to
all
of
the
following:
28
(1)
A
criminal
justice
agency,
upon
request.
29
(2)
A
government
agency
that
is
authorized
by
state
or
30
federal
law
to
determine
eligibility
to
purchase
or
possess
a
31
firearm
or
to
carry
a
concealed
firearm
for
use
in
the
course
32
of
the
government
agency’s
official
duties,
upon
request.
33
(3)
Any
other
agency,
upon
court
order.
34
c.
Any
information
that
reveals,
or
that
may
reveal,
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the
identity
of
a
person
whose
criminal
history
record
and
1
associated
court
records
have
been
expunged
under
this
section
2
shall
be
confidential
records
and
exempt
from
public
access
3
under
section
22.7.
4
d.
Criminal
investigative
data
and
criminal
intelligence
5
data
that
is
confidential
and
exempt
under
paragraphs
“a”
6
through
“c”
may
be
disclosed
by
a
law
enforcement
agency
for
any
7
of
the
following
reasons:
8
(1)
In
furtherance
of
the
law
enforcement
agency’s
official
9
duties
and
responsibilities.
10
(2)
For
print,
publication,
or
broadcast
if
the
law
11
enforcement
agency
determines
that
such
release
will
assist
12
in
locating
or
identifying
a
person
whom
the
agency
believes
13
is
missing
or
endangered.
The
information
provided
shall
be
14
limited
to
only
the
information
necessary
to
identify
or
locate
15
the
missing
or
endangered
person.
16
(3)
To
another
government
agency
in
the
furtherance
of
the
17
government
agency’s
official
duties
and
responsibilities.
18
8.
a.
A
person
who
is
the
subject
of
a
criminal
history
19
record
and
associated
court
records
that
are
expunged
under
20
this
section
may
lawfully
deny
or
fail
to
acknowledge
an
21
arrest
or
conviction
covered
by
the
expunged
criminal
history
22
record
and
associated
court
records,
except
if
the
person
is
a
23
candidate
for
employment
with
a
criminal
justice
agency
or
is
a
24
defendant
in
a
criminal
prosecution.
25
b.
Subject
to
the
exceptions
in
paragraph
“a”
,
a
person
who
26
has
been
granted
an
expungement
of
a
criminal
history
record
27
and
associated
court
records
under
this
section
shall
not
be
28
held
under
any
law
of
this
state
to
have
committed
perjury
29
or
to
be
otherwise
liable
for
providing
a
false
statement
by
30
reason
of
the
failure
to
recite
or
acknowledge
the
criminal
31
history
record
and
associated
court
records.
32
9.
This
section
shall
not
apply
to
any
of
the
following
33
offenses:
34
a.
Homicide
or
a
related
crime
in
violation
of
chapter
707.
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b.
Intimidation
with
a
dangerous
weapon
in
violation
of
1
section
708.6.
2
c.
Going
armed
with
intent
in
violation
of
section
708.8.
3
d.
Stalking
in
violation
of
section
708.11,
subsection
3.
4
e.
Kidnapping
or
related
offenses
in
violation
of
chapter
5
710.
6
10.
If
a
person
has
been
adjudicated
not
guilty
by
reason
7
of
insanity
or
was
found
to
be
incompetent
to
stand
trial,
8
the
expungement
of
the
person’s
criminal
history
record
shall
9
not
prevent
the
entry
of
the
judgment
in
state
and
national
10
databases
for
use
in
determining
the
person’s
eligibility
to
11
purchase
or
possess
a
firearm
or
to
carry
a
concealed
firearm
12
pursuant
to
sections
724.8
and
724.26
and
18
U.S.C.
§922(t),
13
and
shall
not
prevent
any
government
agency
that
is
authorized
14
by
state
or
federal
law
to
determine
the
person’s
eligibility
15
to
purchase
or
possess
a
firearm
or
to
carry
a
concealed
16
firearm
from
accessing
or
using
the
person’s
criminal
history
17
record
during
the
course
of
such
agency’s
official
duties.
18
11.
a.
This
section
shall
not
be
construed
to
confer
any
19
right
to
any
person
to
the
expungement
of
the
person’s
criminal
20
history
record
and
associated
court
records.
21
b.
Any
petition
for
expungement
of
a
criminal
history
record
22
under
this
section
may
be
denied
at
the
discretion
of
the
23
court.
24
12.
The
supreme
court
may
prescribe
rules
governing
the
25
procedures
applicable
to
the
expungement
of
a
criminal
history
26
record
and
associated
court
records
under
this
section.
27
Sec.
3.
Section
725.1,
subsection
1,
paragraphs
b
and
c,
28
Code
2022,
are
amended
to
read
as
follows:
29
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
30
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
31
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
32
alleging
that
the
person
has
committed
a
delinquent
act,
to
the
33
person
shall
not
be
arrested,
charged,
or
prosecuted
for
an
34
offense
under
this
section.
A
peace
officer
who
encounters
a
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person
under
the
age
of
eighteen
engaged
in
a
violation
of
this
1
section
may
take
custody
of
the
person
under
section
232.78
2
or
232.79.
The
peace
officer
shall
refer
that
the
person
to
3
the
department
of
human
services
for
the
possible
filing
of
4
a
petition
alleging
that
the
person
is
a
child
in
need
of
5
assistance.
6
c.
If
the
a
person
who
sells
or
offers
for
sale
the
person’s
7
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen
8
has
been
convicted
of
a
violation
under
paragraph
“a”
,
upon
9
the
expiration
of
two
years
following
the
person’s
conviction
10
for
a
that
violation
of
paragraph
“a”
or
of
a
violation
of
a
11
similar
local
ordinance,
the
person
may
petition
the
court
to
12
expunge
the
conviction,
and
if
the
person
has
had
no
other
13
criminal
convictions,
other
than
local
traffic
violations
14
or
simple
misdemeanor
violations
of
chapter
321
during
the
15
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
16
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
17
conviction
be
expunged
by
the
clerk
of
the
district
court.
18
Notwithstanding
section
692.2
,
after
receipt
of
notice
from
19
the
clerk
of
the
district
court
that
a
record
of
conviction
20
for
a
violation
of
paragraph
“a”
has
been
expunged,
the
record
21
of
conviction
shall
be
removed
from
the
criminal
history
data
22
files
maintained
by
the
department
of
public
safety.
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