Bill Text: IA SF2170 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to human trafficking including parole and work release and victim counselors, and guardian ad litem appointments for prosecuting witnesses with mental disabilities.(Formerly SSB 3027.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-04-19 - Withdrawn. S.J. 903. [SF2170 Detail]
Download: Iowa-2023-SF2170-Introduced.html
Senate
File
2170
-
Introduced
SENATE
FILE
2170
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3027)
A
BILL
FOR
An
Act
relating
to
human
trafficking
including
parole
and
1
work
release
and
victim
counselors,
and
guardian
ad
2
litem
appointments
for
prosecuting
witnesses
with
mental
3
disabilities.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
901.11,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
At
the
time
of
sentencing,
the
court
3
shall
determine
when
a
person
convicted
of
human
trafficking
as
4
described
in
section
902.12,
subsection
7,
shall
first
become
5
eligible
for
parole
or
work
release
within
the
parameters
6
specified
in
section
902.12,
subsection
7,
based
upon
all
7
pertinent
information
including
the
person’s
criminal
record,
a
8
validated
risk
assessment,
and
the
negative
impact
the
offense
9
has
had
on
the
victim
or
other
persons.
10
Sec.
2.
Section
902.12,
Code
2024,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
7.
A
person
serving
a
sentence
for
a
13
conviction
of
human
trafficking
punishable
as
a
class
“B”
14
felony
in
violation
of
section
710A.2,
subsection
1,
3,
4,
5,
15
6,
7,
8,
or
9,
shall
be
denied
parole
or
work
release
until
16
the
person
has
served
between
one-half
and
seven-tenths
of
17
the
maximum
term
of
the
person’s
sentence
as
determined
under
18
section
901.11,
subsection
7.
19
Sec.
3.
Section
915.20A,
subsection
1,
paragraphs
c
and
d,
20
Code
2024,
are
amended
to
read
as
follows:
21
c.
“Victim”
means
a
person
who
consults
a
victim
counselor
22
for
the
purpose
of
securing
advice,
counseling,
or
assistance
23
concerning
a
mental,
physical,
or
emotional
condition
caused
by
24
a
violent
crime
committed
against
the
person.
“Victim”
includes
25
a
person
subjected
to
human
trafficking.
26
d.
“Victim
counselor”
means
a
person
who
is
engaged
in
a
27
crime
victim
center,
is
certified
as
a
counselor
by
the
crime
28
victim
center,
and
is
under
the
control
of
a
direct
services
29
supervisor
of
a
crime
victim
center,
whose
primary
purpose
30
is
the
rendering
of
advice,
counseling,
and
assistance
to
31
the
victims
of
crime.
To
qualify
as
a
“victim
counselor”
32
under
this
section
,
the
person
must
also
have
completed
at
33
least
twenty
hours
of
training
provided
by
the
center
in
which
34
the
person
is
engaged,
by
the
Iowa
organization
of
victim
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assistance,
by
the
Iowa
coalition
against
sexual
assault,
or
1
by
the
Iowa
coalition
against
domestic
violence,
which
shall
2
include
but
not
be
limited
to
,
the
dynamics
of
victimization,
3
substantive
laws
relating
to
violent
crime,
human
trafficking,
4
sexual
assault,
and
domestic
violence,
crisis
intervention
5
techniques,
communication
skills,
working
with
diverse
6
populations,
an
overview
of
the
state
criminal
justice
system,
7
information
regarding
pertinent
hospital
procedures,
and
8
information
regarding
state
and
community
resources
for
victims
9
of
crime.
10
Sec.
4.
Section
915.37,
subsection
1,
Code
2024,
is
amended
11
to
read
as
follows:
12
1.
a.
A
prosecuting
witness
who
is
a
child
or
who
has
a
13
mental
disability
in
a
case
involving
a
violation
of
chapter
14
709
or
710A
,
or
section
726.2
,
726.3
,
726.6
,
or
728.12
,
is
15
entitled
to
have
the
witness’s
interests
represented
by
a
16
guardian
ad
litem
at
all
stages
of
the
proceedings
arising
17
from
such
violation.
The
guardian
ad
litem
shall
be
a
18
practicing
attorney
and
shall
be
designated
by
the
court
after
19
due
consideration
is
given
to
the
desires
and
needs
of
the
20
child
prosecuting
witness
and
the
compatibility
of
the
child
21
prosecuting
witness
and
the
child’s
prosecuting
witness’s
22
interests
with
the
prospective
guardian
ad
litem.
If
a
23
guardian
ad
litem
is
currently
appointed,
or
has
previously
24
been
appointed
,
for
the
child
prosecuting
witness
in
a
25
proceeding
under
section
598.12,
a
proceeding
under
chapter
26
232
,
or
a
proceeding
in
which
the
juvenile
court
has
waived
27
jurisdiction
under
section
232.45
,
or
any
other
proceeding
28
substantially
related
to
a
matter
arising
under
this
section,
29
the
court
shall
appoint
the
same
guardian
ad
litem
under
30
this
section
.
When
a
guardian
ad
litem
is
appointed
for
a
31
prosecuting
witness
with
a
mental
disability,
the
court
shall
32
give
appointment
priority
to
an
attorney
who
has
background
33
and
training
specific
to
persons
with
mental
disabilities.
34
The
guardian
ad
litem
shall
receive
notice
of
and
may
attend
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all
depositions,
hearings,
and
trial
proceedings
to
support
1
the
child
prosecuting
witness
and
advocate
for
the
protection
2
of
the
child
prosecuting
witness
but
shall
not
be
allowed
3
to
separately
introduce
evidence
or
to
directly
examine
or
4
cross-examine
witnesses.
However,
the
guardian
ad
litem
shall
5
file
reports
to
the
court
as
required
by
the
court.
6
b.
For
purposes
of
this
subsection
,
“child”
means
a
person
7
under
eighteen
years
of
age.
8
c.
For
purposes
of
this
subsection,
“mental
disability”
9
means
one
or
more
intellectual,
developmental,
or
psychiatric
10
disabilities
that
result
in
significant
impairment
to
a
11
person’s
ability
to
comprehend,
communicate,
or
learn.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
human
trafficking
including
parole
16
and
work
release
and
victim
counselors,
and
guardian
ad
17
litem
appointments
for
prosecuting
witnesses
with
mental
18
disabilities.
19
The
bill
provides
that
at
the
time
of
sentencing,
the
court
20
shall
determine
when
a
person
convicted
of
human
trafficking
as
21
described
in
Code
section
902.12(7)
shall
first
become
eligible
22
for
parole
or
work
release.
23
The
bill
requires
that
a
person
serving
a
sentence
for
24
a
conviction
of
human
trafficking
as
a
class
“B”
felony
in
25
violation
of
Code
section
710A.2,
subsection
1,
3,
4,
5,
6,
7,
26
8,
or
9,
be
denied
parole
or
work
release
until
the
person
has
27
served
between
one-half
and
seven-tenths
of
the
maximum
term
of
28
the
person’s
sentence.
29
The
bill
amends
the
definition
of
“victim”
to
include
a
30
person
subjected
to
human
trafficking,
and
the
definition
of
31
“victim
counselor”
to
include
training
in
the
substantive
laws
32
relating
to
human
trafficking.
33
Current
law
entitles
a
prosecuting
witness
who
is
a
child
34
in
a
case
involving
a
violation
of
Code
chapter
709
(sexual
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abuse)
or
710A
(human
trafficking),
or
Code
section
726.2
1
(incest),
726.3
(neglect
or
abandonment
of
a
dependent
person),
2
726.6
(child
endangerment),
or
728.12
(sexual
exploitation
of
3
a
minor),
to
have
the
witness’s
interests
represented
by
a
4
guardian
ad
litem,
who
is
a
practicing
attorney,
at
all
stages
5
of
the
proceedings
arising
from
such
violation.
6
The
bill
expands
the
appointment
of
a
guardian
ad
litem
to
7
include
a
prosecuting
witness
who
has
a
mental
disability.
The
8
bill
defines
“mental
disability”
as
one
or
more
intellectual,
9
developmental,
or
psychiatric
disabilities
that
result
in
10
significant
impairment
to
a
person’s
ability
to
comprehend,
11
communicate,
or
learn.
When
a
guardian
ad
litem
is
appointed
12
for
a
prosecuting
witness
with
a
mental
disability,
the
13
court
shall
give
appointment
priority
to
an
attorney
who
14
has
background
and
training
specific
to
persons
with
mental
15
disabilities.
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