Bill Text: IA SF238 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the criminal offense of sexual exploitation by a school employee, and making penalties applicable. (Formerly SF 83.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-05-11 - Signed by Governor. S.J. 1135. [SF238 Detail]

Download: Iowa-2017-SF238-Enrolled.html

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Senate File 238 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON EDUCATION

                              (SUCCESSOR TO SF 83)
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                                   A BILL FOR
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                                        Senate File 238

                             AN ACT
 RELATING TO THE CRIMINAL OFFENSE OF SEXUAL EXPLOITATION
    BY A SCHOOL EMPLOYEE, AND MAKING PENALTIES APPLICABLE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 709.15, subsection 1, paragraph f, Code
 2017, is amended by striking the paragraph and inserting in
 lieu thereof the following:
    f.  (1)  "School employee" means any of the following, except
 as provided in subparagraph (2):
    (a)  A person who holds a license, certificate, or statement
 of professional recognition issued under chapter 272.
    (b)  A person who holds an authorization issued under chapter
 272.
    (c)  A person employed by a school district full=time,
 part=time, or as a substitute.
    (d)  A person who performs services as a volunteer for a
 school district and who has direct supervisory authority over
 the student with whom the person engages in conduct prohibited
 under subsection 3, paragraph "a".
    (e)  A person who provides services under a contract for such
 services to a school district and who has direct supervisory
 authority over the student with whom the person engages in
 conduct prohibited under subsection 3, paragraph "a".
    (2)  "School employee" does not include a student enrolled
 in the school district.
    Sec. 2.  Section 709.15, subsection 3, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  c.  The provisions of this subsection do
 not apply to a person who is employed by a school district
 attendance center if the student with whom the person engages
 in conduct prohibited under subsection 3, paragraph "a", is not
 enrolled in the same school district attendance center that
 employs the person, the person does not have direct supervisory
 authority over the student, and the person does not meet the
 requirements of subsection 1, paragraph "f", subparagraph (1),
 subparagraph division (a).


                                                                                            JACK WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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