Bill Text: IA SF2063 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act creating the criminal offense of sexual exploitation by an attorney, including civil actions for sexual abuse or sexual exploitation by an attorney, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-04 - Subcommittee, Hogg, Garrett, and Sodders. S.J. 164. [SF2063 Detail]

Download: Iowa-2015-SF2063-Introduced.html

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Senate File 2063 - Introduced




                                 SENATE FILE       
                                 BY  DANIELSON

                                      A BILL FOR

  1 An Act creating the criminal offense of sexual exploitation by
  2    an attorney, including civil actions for sexual abuse or
  3    sexual exploitation by an attorney, and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 certain occupations.  An action
  1  5 for damages for injury suffered as a result of sexual abuse, as
  1  6 defined in section 709.1, by a counselor, therapist, or school
  1  7 employee, as defined in section 709.15, or by an attorney
  1  8 as defined in section 709.15A, or as a result of sexual
  1  9 exploitation by a counselor, therapist, or school employee,
  1 10 or attorney shall be brought within five years of the date
  1 11 the victim was last treated by the counselor or therapist, or
  1 12  within five years of the date the victim was last enrolled in
  1 13 or attended the school, or within five years of the date legal
  1 14 services provided to the client, as defined in section 709.15A,
  1 15 were terminated.
  1 16    Sec. 2.  Section 692A.102, subsection 1, paragraph b, Code
  1 17 2016, is amended by adding the following new subparagraph:
  1 18    NEW SUBPARAGRAPH.  (012)  Sexual exploitation by an attorney
  1 19 in violation of section 709.15A, if the victim is thirteen
  1 20 years of age or older.
  1 21    Sec. 3.  Section 692A.102, subsection 1, paragraph c, Code
  1 22 2016, is amended by adding the following new subparagraph:
  1 23    NEW SUBPARAGRAPH.  (028)  Sexual exploitation by an attorney
  1 24 in violation of section 709.15A, if the victim is under
  1 25 thirteen years of age.
  1 26    Sec. 4.  Section 702.11, subsection 2, Code 2016, is amended
  1 27 by adding the following new paragraph:
  1 28    NEW PARAGRAPH.  0e.  Sexual exploitation by an attorney in
  1 29 violation of section 709.15A.
  1 30    Sec. 5.  NEW SECTION.  709.15A  Sexual exploitation by an
  1 31 attorney.
  1 32    1.  As used in this section:
  1 33    a.  "Attorney" means a person licensed to practice law in
  1 34 this state or another state.
  1 35    b.  "Client" means a person or a representative of the person
  2  1 who is receiving legal services from an attorney.
  2  2    2.  a.  Sexual exploitation by an attorney occurs when any of
  2  3 the following are found:
  2  4    (1)  A pattern or practice or scheme of conduct to engage in
  2  5 any of the conduct described in subparagraph (2).
  2  6    (2)  Any sexual conduct with a client for the purpose of
  2  7 arousing or satisfying the sexual desires of the attorney or
  2  8 client, while the client is obtaining legal services from the
  2  9 attorney, which includes but is not limited to the following:
  2 10    (a)  Kissing.
  2 11    (b)  Touching of the clothed or unclothed inner thigh,
  2 12 breast, groin, buttock, anus, pubes, or genitals.
  2 13    (c)  A sex act as defined in section 702.17.
  2 14    b.  Sexual exploitation by an attorney does not occur if the
  2 15 client is the spouse of the attorney or the sexual relationship
  2 16 between the attorney and client predates the providing of legal
  2 17 services by the attorney.
  2 18    3.  An attorney who commits sexual exploitation in violation
  2 19 of this section commits a class "D" felony.
  2 20    Sec. 6.  Section 709.19, subsection 1, Code 2016, is amended
  2 21 to read as follows:
  2 22    1.  Upon the filing of an affidavit by a victim, or a parent
  2 23 or guardian on behalf of a minor who is a victim, of a crime
  2 24 that is a sexual offense in violation of section 709.2, 709.3,
  2 25 709.4, 709.8, 709.9, 709.11, 709.12, 709.14, 709.15, 709.15A,
  2 26  or 709.16, that states that the presence of or contact with
  2 27 the defendant whose release from jail or prison is imminent or
  2 28 who has been released from jail or prison continues to pose a
  2 29 threat to the safety of the victim, persons residing with the
  2 30 victim, or members of the victim's immediate family, the court
  2 31 shall enter a temporary no=contact order which shall require
  2 32 the defendant to have no contact with the victim, persons
  2 33 residing with the victim, or members of the victim's immediate
  2 34 family.
  2 35    Sec. 7.  Section 802.2A, Code 2016, is amended to read as
  3  1 follows:
  3  2    802.2A  Incest == sexual exploitation by a counselor,
  3  3 therapist, or school employee certain occupations.
  3  4    1.  An information or indictment for incest under section
  3  5 726.2 committed on or with a person who is under the age of
  3  6 eighteen shall be found within ten years after the person upon
  3  7 whom the offense is committed attains eighteen years of age.
  3  8 An information or indictment for any other incest shall be
  3  9 found within ten years after its commission.
  3 10    2.  An indictment or information for sexual exploitation by
  3 11 a counselor, therapist, or school employee under section 709.15
  3 12 or 709.15A committed on or with a person who is under the age of
  3 13 eighteen shall be found within ten years after the person upon
  3 14 whom the offense is committed attains eighteen years of age.
  3 15 An information or indictment for any other sexual exploitation
  3 16 under section 709.15 or 709.15A shall be found within ten
  3 17 years of the date the victim was last treated by the counselor
  3 18 or therapist, or within ten years of the date the victim was
  3 19 enrolled in or attended the school, or within ten years of
  3 20 the date legal services provided to the client, as defined in
  3 21 section 709.15A, were terminated.
  3 22                           EXPLANATION
  3 23 The inclusion of this explanation does not constitute agreement with
  3 24 the explanation's substance by the members of the general assembly.
  3 25    This bill creates the criminal offense of sexual
  3 26 exploitation by an attorney and includes provisions relating
  3 27 to civil actions for sexual abuse or sexual exploitation by an
  3 28 attorney.
  3 29    The bill amends Code section 614.1 by allowing a civil action
  3 30 for damages to be brought by a client for injuries suffered as
  3 31 a result of sexual abuse or sexual exploitation of that client
  3 32 or a representative of the client by an attorney. The bill
  3 33 provides that the action must be brought within five years of
  3 34 the termination of legal services provided to the client.
  3 35    The bill defines "attorney" to mean a person licensed
  4  1 to practice law in this state or another state and defines
  4  2 "client" to mean a person or a representative of the person who
  4  3 is receiving legal services from the attorney.
  4  4    The bill creates the new criminal offense of sexual
  4  5 exploitation by an attorney in new Code section 709.15A.  Under
  4  6 the bill, sexual exploitation by an attorney occurs when an
  4  7 attorney engages in or participates in a pattern or practice or
  4  8 scheme of conduct to engage in any sexual conduct with a client
  4  9 for the purpose of arousing or satisfying the sexual desires
  4 10 of the attorney or client, while the client is obtaining
  4 11 legal services from the attorney, including but not limited
  4 12 to 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    Sexual exploitation by an attorney does not occur under the
  4 16 bill if the client is the spouse of the attorney or the sexual
  4 17 relationship between the attorney and client predates the
  4 18 providing of legal services by the attorney.
  4 19    Code section 803.1 governs the type of violations of the bill
  4 20 that may be prosecuted in this state. Iowa court rule 32.1.8
  4 21 governs attorney conflicts of interest with current clients and
  4 22 may be the basis for attorney discipline.
  4 23    An attorney who violates the bill commits a class "D"
  4 24 felony. A class "D" felony is punishable by confinement for no
  4 25 more than five years and a fine of at least $750 but not more
  4 26 than $7,500. A person convicted of sexual exploitation by an
  4 27 attorney is also subject to a 10=year special sentence under
  4 28 Code section 903B.2.
  4 29    An attorney who commits sexual exploitation by an attorney
  4 30 must register as a sex offender. If the victim is under 13
  4 31 years of age, the attorney shall be considered a tier III sex
  4 32 offender, and if the victim is 13 years of age or older, the
  4 33 attorney shall be considered a tier II offender. A tier III
  4 34 offender must verify information to the county sheriff on a
  4 35 more frequent basis than a tier II offender.
  5  1 If the release of a defendant from incarceration is
  5  2 imminent, the bill amends Code section 709.19 by requiring
  5  3 the court to enter a temporary no=contact order requiring
  5  4 the defendant to have no contact with a victim of sexual
  5  5 exploitation by an attorney, if the victim files an affidavit
  5  6 stating the defendant poses a threat to the safety of the
  5  7 victim. Code section 709.19(2) governs the length of the
  5  8 temporary no=contact order.
  5  9    The bill amends Code section 802.2A by allowing an
  5 10 information or indictment for sexual exploitation by an
  5 11 attorney committed on or with a person under 18 years of age to
  5 12 be found within 10 years after the person upon whom the offense
  5 13 is committed attains 18 years of age. The amendment to Code
  5 14 section 802.2A also provides that for other sexual exploitation
  5 15 by attorney offenses, an information or indictment shall be
  5 16 found within 10 years of the date legal services provided in
  5 17 the matter were terminated.
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