Bill Text: IA HSB634 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the exclusive jurisdiction by the juvenile court over acts of prostitution committed by persons under the age of eighteen.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-12 - Subcommittee recommends passage. [HSB634 Detail]
Download: Iowa-2017-HSB634-Introduced.html
House
Study
Bill
634
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
NUNN)
A
BILL
FOR
An
Act
relating
to
the
exclusive
jurisdiction
by
the
juvenile
1
court
over
acts
of
prostitution
committed
by
persons
under
2
the
age
of
eighteen.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
725.1,
subsection
1,
Code
2018,
is
1
amended
to
read
as
follows:
2
1.
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
3
sells
or
offers
for
sale
the
person’s
services
as
a
partner
in
4
a
sex
act
commits
an
aggravated
misdemeanor.
5
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
6
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
7
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
8
alleging
that
the
person
has
committed
a
delinquent
act,
to
9
refer
that
person
to
the
department
of
human
services
for
the
10
possible
filing
of
a
petition
alleging
that
the
person
is
a
11
child
in
need
of
assistance.
Notwithstanding
section
232.8,
12
the
juvenile
court
shall
retain
exclusive
jurisdiction
over
the
13
person
for
the
commission
of
an
act
under
this
subsection.
14
c.
If
the
person
who
sells
or
offers
for
sale
the
person’s
15
services
as
a
partner
in
a
sex
act
is
under
the
age
of
16
eighteen,
A
person
who
was
under
the
age
of
eighteen
and
who
17
was
convicted
of
a
violation
of
paragraph
“a”
on
or
before
18
June
30,
2018,
upon
the
expiration
of
two
years
following
the
19
person’s
conviction
for
a
violation
of
paragraph
“a”
or
of
20
a
similar
local
ordinance,
the
person
may
petition
the
court
21
to
expunge
the
conviction,
and
if
the
person
has
had
no
other
22
criminal
convictions,
other
than
local
traffic
violations
23
or
simple
misdemeanor
violations
of
chapter
321
during
the
24
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
25
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
26
conviction
be
expunged
by
the
clerk
of
the
district
court.
27
Notwithstanding
section
692.2
,
after
receipt
of
notice
from
28
the
clerk
of
the
district
court
that
a
record
of
conviction
29
for
a
violation
of
paragraph
“a”
has
been
expunged,
the
record
30
of
conviction
shall
be
removed
from
the
criminal
history
data
31
files
maintained
by
the
department
of
public
safety.
32
d.
A
person
under
the
age
of
eighteen
shall
not
be
charged
33
with
or
convicted
of
prostitution
under
a
local
ordinance.
34
Sec.
2.
Section
725.3,
subsection
2,
Code
2018,
is
amended
35
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to
read
as
follows:
1
2.
A
person
who
persuades,
arranges,
coerces,
or
otherwise
2
causes
a
minor
person
under
the
age
of
eighteen
to
become
a
3
prostitute
or
to
return
to
the
practice
of
prostitution
after
4
having
abandoned
it,
or
keeps
or
maintains
any
premises
for
5
the
purpose
of
prostitution
involving
minors
persons
under
the
6
age
of
eighteen
or
knowingly
shares
in
the
income
from
such
7
premises
knowing
the
character
and
content
of
such
income,
8
commits
a
class
“C”
felony.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
exclusive
jurisdiction
by
the
13
juvenile
court
over
acts
of
prostitution
committed
by
14
individuals
under
the
age
of
18.
15
Currently,
if
a
person
under
the
age
of
18
is
found
to
have
16
engaged
in
prostitution,
the
law
allows
the
juvenile
court
17
to
waive
jurisdiction.
The
bill
requires,
notwithstanding
18
Code
section
232.8,
that
the
juvenile
court
retain
exclusive
19
jurisdiction
over
a
juvenile
alleged
to
have
committed
such
a
20
public
offense.
21
The
law
currently
provides
a
process
by
which
a
person
22
convicted
of
prostitution
when
the
person
was
under
the
age
of
23
18
can
have
the
conviction
expunged.
The
bill
retains
that
24
process
for
a
person
who
is
under
the
age
of
18
and
convicted
25
of
prostitution
on
or
before
June
30,
2018.
The
bill
provides
26
that
a
person
under
the
age
of
18
shall
not
be
charged
with,
or
27
convicted
of,
prostitution
under
a
local
ordinance.
28
Code
section
725.3
is
amended
to
replace
“minor”
with
29
“person
under
the
age
of
eighteen”
for
consistency.
30
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