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 TLSB 5337SV (1) 90 as/js

S.F. 2170 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 35 -1- LSB 5337SV (1) 90 as/js 1/ 4

S.F. 2170 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 35 -2- LSB 5337SV (1) 90 as/js 2/ 4

S.F. 2170 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 35 -3- LSB 5337SV (1) 90 as/js 3/ 4

S.F. 2170 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. 16 -4- LSB 5337SV (1) 90 as/js 4/ 4