Bill Text: IA SF388 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to certain civil and criminal enforcement activities involving the practice of massage therapy and cosmetology, and human trafficking, and providing penalties.(Formerly SF 246.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-06 - Withdrawn. S.J. 746. [SF388 Detail]
Download: Iowa-2021-SF388-Introduced.html
Senate
File
388
-
Introduced
SENATE
FILE
388
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
246)
A
BILL
FOR
An
Act
relating
to
certain
civil
and
criminal
enforcement
1
activities
involving
the
practice
of
massage
therapy
and
2
cosmetology,
and
human
trafficking,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2286SV
(1)
89
ko/rh
S.F.
388
Section
1.
NEW
SECTION
.
152C.5B
License
and
1
government-issued
identification
——
peace
officer
request.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Government-issued
identification”
means
any
of
the
5
following:
6
(1)
An
unexpired
driver’s
license
issued
by
any
state,
7
territory,
or
district
of
the
United
States.
8
(2)
An
unexpired
identification
card
issued
by
any
state,
9
territory,
or
district
of
the
United
States.
10
(3)
An
unexpired
United
States
passport.
11
(4)
A
naturalization
certificate
issued
by
the
United
12
States
citizenship
and
immigration
services.
13
(5)
An
unexpired
permanent
resident
card,
also
known
as
14
a
green
card,
issued
by
the
United
States
citizenship
and
15
immigration
services.
16
(6)
An
unexpired
employment
authorization
document
issued
17
by
the
United
States
citizenship
and
immigration
services.
18
b.
“Peace
officer”
means
any
of
the
following:
19
(1)
Sheriffs
and
their
regular
deputies
who
are
subject
to
20
mandated
law
enforcement
training.
21
(2)
Marshals
and
police
officers
of
cities.
22
(3)
Peace
officer
members
of
the
department
of
public
safety
23
as
defined
in
chapter
80.
24
(4)
Special
security
officers
employed
by
board
of
regents
25
institutions
as
set
forth
in
section
262.13.
26
(5)
Such
employees
of
the
department
of
transportation
as
27
are
designated
“peace
officers”
by
resolution
of
the
department
28
under
section
321.477.
29
(6)
Employees
of
an
aviation
authority
designated
as
“peace
30
officers”
by
the
authority
under
section
330A.8,
subsection
16.
31
2.
A
person
licensed
or
who
purports
to
be
licensed
under
32
this
chapter
shall,
upon
the
request
of
any
peace
officer
33
investigating
a
complaint
of
illegal
services,
present
a
34
copy
of
the
person’s
valid
massage
therapist
license
and
35
-1-
LSB
2286SV
(1)
89
ko/rh
1/
10
S.F.
388
government-issued
identification
to
the
peace
officer.
A
1
person
who
violates
this
subsection
commits
a
serious
2
misdemeanor.
3
Sec.
2.
NEW
SECTION
.
152C.5C
Announcements
to
the
public.
4
1.
For
purposes
of
this
section,
“announcement
to
the
5
public”
means
the
use
of
any
print
media,
broadcast
media,
6
subscription
internet
site,
internet
site
available
to
the
7
public,
or
any
other
means
to
do
any
of
the
following:
8
a.
Advertise
or
market
massage
therapy
services.
9
b.
Provide
a
site
for
clients
to
post
reviews.
10
c.
Offer
a
virtual
marketplace
at
which
goods
or
services
11
may
be
offered
or
clients
may
be
solicited.
12
2.
A
person
shall
not
do
any
of
the
following
in
an
13
announcement
to
the
public:
14
a.
Represent
that
another
person
is
licensed
under
this
15
chapter
when
the
person
knows,
or
has
reason
to
know,
that
the
16
other
person
is
not
licensed.
17
b.
Falsely
represent
the
person’s
self
as
licensed
under
18
this
chapter.
19
c.
Offer
the
services
of
massage
therapy
if
paragraph
“a”
or
20
“b”
of
this
subsection
applies.
21
d.
Offer,
or
imply
the
offer
of,
services
that
violate
state
22
law.
23
3.
A
person
who
violates
subsection
2
commits
a
serious
24
misdemeanor.
25
Sec.
3.
NEW
SECTION
.
157.4A
License
and
government-issued
26
identification
——
peace
officer
request.
27
1.
For
purposes
of
this
section,
unless
the
context
28
otherwise
requires:
29
a.
“Government-issued
identification”
means
any
of
the
30
following:
31
(1)
An
unexpired
driver’s
license
issued
by
any
state,
32
territory,
or
district
of
the
United
States.
33
(2)
An
unexpired
identification
card
issued
by
any
state,
34
territory,
or
district
of
the
United
States.
35
-2-
LSB
2286SV
(1)
89
ko/rh
2/
10
S.F.
388
(3)
An
unexpired
United
States
passport.
1
(4)
A
naturalization
certificate
issued
by
the
United
2
States
citizenship
and
immigration
services.
3
(5)
An
unexpired
permanent
resident
card,
also
known
as
4
a
green
card,
issued
by
the
United
States
citizenship
and
5
immigration
services.
6
(6)
An
unexpired
employment
authorization
document
issued
7
by
the
United
States
citizenship
and
immigration
services.
8
b.
“Peace
officer”
means
any
of
the
following:
9
(1)
Sheriffs
and
their
regular
deputies
who
are
subject
to
10
mandated
law
enforcement
training.
11
(2)
Marshals
and
police
officers
of
cities.
12
(3)
Peace
officer
members
of
the
department
of
public
safety
13
as
defined
in
chapter
80.
14
(4)
Special
security
officers
employed
by
board
of
regents
15
institutions
as
set
forth
in
section
262.13.
16
(5)
Such
employees
of
the
department
of
transportation
as
17
are
designated
“peace
officers”
by
resolution
of
the
department
18
under
section
321.477.
19
(6)
Employees
of
an
aviation
authority
designated
as
“peace
20
officers”
by
the
authority
under
section
330A.8,
subsection
16.
21
2.
A
person
licensed
or
who
purports
to
be
licensed
under
22
this
chapter
shall,
upon
the
request
of
any
peace
officer
23
investigating
a
complaint
of
illegal
services,
present
a
copy
24
of
the
person’s
valid
license
issued
pursuant
to
this
chapter
25
and
a
government-issued
identification
to
the
peace
officer.
26
Sec.
4.
NEW
SECTION
.
157.4B
Announcements
to
the
public.
27
1.
For
purposes
of
this
section,
“announcement
to
the
28
public”
means
the
use
of
any
print
media,
broadcast
media,
29
subscription
internet
site,
internet
site
available
to
the
30
public,
or
any
other
means
to
do
any
of
the
following:
31
a.
Advertise
or
market
cosmetology
services.
32
b.
Provide
a
site
for
clients
to
post
reviews.
33
c.
Offer
a
virtual
marketplace
at
which
goods
or
services
34
may
be
offered
or
clients
may
be
solicited.
35
-3-
LSB
2286SV
(1)
89
ko/rh
3/
10
S.F.
388
2.
A
person
shall
not
do
any
of
the
following
in
an
1
announcement
to
the
public:
2
a.
Represent
that
another
person
is
licensed
under
this
3
chapter
when
the
person
knows,
or
has
reason
to
know,
that
the
4
other
person
is
not
licensed.
5
b.
Falsely
represent
the
person’s
self
as
licensed
under
6
this
chapter.
7
c.
Offer,
or
imply
the
offer
of,
services
that
violate
state
8
law.
9
3.
A
person
who
violates
subsection
2
commits
a
serious
10
misdemeanor.
11
Sec.
5.
Section
710A.1,
subsection
3,
Code
2021,
is
amended
12
to
read
as
follows:
13
3.
“Forced
labor
or
services”
means
labor
or
services
14
that
are
performed
or
provided
by
another
person
and
that
are
15
obtained
or
maintained
through
any
of
the
following:
16
a.
Causing
or
threatening
to
cause
serious
physical
injury
17
to
any
person.
18
b.
Physically
restraining
or
threatening
to
physically
19
restrain
another
person.
20
c.
Abusing
or
threatening
to
abuse
the
law
or
legal
process.
21
d.
Knowingly
destroying,
concealing,
removing,
22
confiscating,
or
possessing
any
actual
or
purported
passport
or
23
other
immigration
document,
or
any
other
actual
or
purported
24
government
identification
document,
of
another
person.
25
e.
Knowingly
providing
or
facilitating
the
provision
of
26
a
forged,
altered,
or
fraudulent
license
purportedly
issued
27
pursuant
to
chapter
152C
or
157,
or
a
forged,
altered,
or
28
fraudulent
government
identification,
to
another
person
in
29
order
to
force,
coerce,
entice,
assist,
facilitate,
or
permit
30
the
other
person
to
perform
labor
or
services.
31
f.
Knowingly
forcing,
coercing,
enticing,
assisting,
32
facilitating,
or
permitting
another
person
in
possession
of
33
a
forged,
altered,
or
fraudulent
license
purportedly
issued
34
pursuant
to
chapter
152C
or
157,
or
a
forged,
altered,
or
35
-4-
LSB
2286SV
(1)
89
ko/rh
4/
10
S.F.
388
fraudulent
government
identification,
to
produce
such
license
1
or
government
identification
to
a
peace
officer
upon
request
of
2
the
peace
officer
pursuant
to
section
152C.5B
or
157.4A.
3
g.
Knowingly
forcing,
coercing,
intimidating,
or
compelling
4
another
person
to
perform
an
act
in
violation
of
state
or
5
federal
law
through
the
use
of
debt
bondage
or
servitude
or
as
6
a
condition
of
being
allowed
to
remain
in
the
United
States.
7
Sec.
6.
Section
710A.2,
subsection
6,
Code
2021,
is
amended
8
to
read
as
follows:
9
6.
A
person
who
knowingly
engages
in
human
trafficking
10
by
knowingly
destroying,
concealing,
removing,
confiscating,
11
or
possessing
any
actual
or
purported
passport
or
other
12
immigration
document,
or
any
other
actual
or
purported
13
government
identification
document
of
a
victim
another
person
14
is
guilty
of
a
class
“D”
felony,
except
that
if
that
other
15
person
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
16
class
“C”
felony.
17
Sec.
7.
Section
710A.2,
Code
2021,
is
amended
by
adding
the
18
following
new
subsections:
19
NEW
SUBSECTION
.
7A.
A
person
who
knowingly
engages
in
20
human
trafficking
by
knowingly
providing
or
facilitating
21
the
provision
of
a
forged,
altered,
or
fraudulent
license
22
purportedly
issued
pursuant
to
chapter
152C
or
157,
or
a
23
forged,
altered,
or
fraudulent
government
identification
to
24
another
person,
to
force,
coerce,
entice,
assist,
facilitate,
25
or
permit
the
other
person
to
perform
labor
or
services
is
26
guilty
of
an
aggravated
misdemeanor,
except
if
that
other
27
person
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
28
class
“D”
felony.
29
NEW
SUBSECTION
.
7B.
A
person
who
knowingly
engages
in
30
human
trafficking
by
knowingly
forcing,
coercing,
enticing,
31
assisting,
facilitating,
or
permitting
another
person
in
32
possession
of
a
forged,
altered,
or
fraudulent
license
33
purportedly
issued
pursuant
to
chapter
152C
or
157,
or
a
34
forged,
altered,
or
fraudulent
government
identification,
to
35
-5-
LSB
2286SV
(1)
89
ko/rh
5/
10
S.F.
388
produce
such
license
or
government
identification
upon
request
1
of
a
peace
officer
pursuant
to
section
152C.5B
or
157.4A,
is
2
guilty
of
an
aggravated
misdemeanor,
except
if
that
other
3
person
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
4
class
“D”
felony.
5
NEW
SUBSECTION
.
9.
A
person
who
is
found
guilty,
enters
6
a
plea
of
guilty,
receives
a
deferred
judgment,
or
receives
a
7
deferred
or
suspended
sentence
for
a
violation
of
this
chapter
8
shall
be
ineligible
for
a
license
pursuant
to
chapter
152C
or
9
157
for
a
period
of
not
less
than
five
years
from
the
date
of
10
conviction,
plea,
judgment,
or
sentence.
11
Sec.
8.
NEW
SECTION
.
710A.2B
Premises
used
for
human
12
trafficking.
13
1.
A
person
who
owns,
rents,
leases,
or
uses
any
part
of
14
a
building,
structure,
boat,
trailer,
or
other
place
offering
15
shelter
or
seclusion,
and
who
knows,
or
has
reason
to
know,
16
that
the
building,
structure,
boat,
trailer,
or
other
place
17
offering
shelter
or
seclusion
is
being
used
for
the
purposes
of
18
human
trafficking,
commits
a
class
“D”
felony.
19
2.
It
shall
be
an
affirmative
defense
to
a
prosecution
of
a
20
person
pursuant
to
subsection
1,
if
immediately
upon
acquiring
21
knowledge
that
the
building,
structure,
boat,
trailer,
or
other
22
place
offering
shelter
or
seclusion
is
used
for
the
purposes
of
23
human
trafficking,
the
person
notifies
a
law
enforcement
agency
24
with
jurisdiction
and
fully
cooperates
with
any
subsequent
25
investigation.
26
3.
a.
If
a
law
enforcement
agency
notifies
a
person
who
27
owns,
rents,
leases,
or
uses
any
part
of
a
building,
structure,
28
boat,
trailer,
or
other
place
offering
shelter
or
seclusion
29
of
an
investigation
pursuant
to
chapter
152C
or
157
that
may
30
involve
the
building,
structure,
boat,
trailer,
or
other
31
place
offering
shelter
or
seclusion,
the
person
shall
have
an
32
affirmative
duty
to
fully
cooperate
with
the
investigation.
33
b.
A
person
who
fails
to
fully
cooperate
with
an
34
investigation
pursuant
to
paragraph
“a”
,
commits
a
serious
35
-6-
LSB
2286SV
(1)
89
ko/rh
6/
10
S.F.
388
misdemeanor.
1
Sec.
9.
Section
710A.4,
Code
2021,
is
amended
to
read
as
2
follows:
3
710A.4
Restitution
——
restorative
expenses
.
4
1.
For
purposes
of
this
section,
“restorative
expenses”
5
means
the
projected
costs
of
education,
vocational
training,
6
medical
health,
mental
health,
transportation,
housing,
child
7
care,
or
other
projected
costs
that
will
aid
in
a
victim’s
8
recovery.
9
2.
The
gross
income
of
the
a
defendant
or
the
value
of
10
labor
or
services
performed
by
the
a
victim
to
of
the
defendant
11
shall
be
considered
when
determining
the
amount
of
restitution
12
pursuant
to
chapter
910
.
For
purposes
of
this
section,
13
restitution
may
include
restorative
expenses
for
a
period
not
14
to
exceed
three
years
as
approved
and
ordered
by
the
court.
15
3.
A
defendant’s
ability
to
pay
shall
not
be
a
factor
in
the
16
court’s
decision
to
order
restorative
expenses.
17
4.
A
defendant’s
obligation
to
pay
court-ordered
18
restorative
expenses
shall
not
be
dischargeable
in
any
19
proceeding
under
the
federal
Bankruptcy
Act
of
1898,
as
20
amended.
21
Sec.
10.
NEW
SECTION
.
710A.7
Peace
officer
referral.
22
If,
during
the
course
of
an
investigation
or
prosecution
23
under
this
chapter,
a
peace
officer
has
reason
to
believe
that
24
a
person
who
purports
to
be
licensed
pursuant
to
chapter
152C
25
or
157
does
not
possess
a
valid
license
or
is
in
violation
of
26
any
other
state
or
federal
laws,
the
peace
officer
may
report
27
such
noncompliance
to
the
appropriate
licensing
board
under
the
28
professional
licensure
division
within
the
department
of
public
29
health
and
to
the
appropriate
state
or
federal
authorities.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
certain
civil
and
criminal
enforcement
34
activities
involving
the
practice
of
massage
therapy
and
35
-7-
LSB
2286SV
(1)
89
ko/rh
7/
10
S.F.
388
cosmetology,
and
human
trafficking,
and
provides
penalties.
1
PRACTICE
OF
MASSAGE
THERAPY
AND
COSMETOLOGY.
The
bill
2
provides
that
a
person
who
is
licensed
or
who
purports
to
be
3
licensed
in
massage
therapy
pursuant
to
Code
chapter
152C,
4
or
in
cosmetology
pursuant
to
Code
chapter
157,
must,
upon
5
the
request
of
a
peace
officer
investigating
a
complaint
of
6
illegal
services,
present
a
copy
of
the
person’s
valid
license
7
and
a
government-issued
identification
to
the
peace
officer.
8
A
person
who
fails
to
comply
with
such
a
request
commits
9
a
serious
misdemeanor.
The
bill
provides
definitions
of
10
“government-issued
identification”
and
“peace
officer”.
11
The
bill
prohibits
a
person,
in
an
announcement
to
the
12
public,
from
representing
that
another
person
is
licensed
13
as
a
massage
therapist
or
a
cosmetologist,
when
the
person
14
knows
or
has
reason
to
know
the
other
person
is
not
licensed
15
as
a
massage
therapist
or
a
cosmetologist.
A
person
is
also
16
prohibited
from
falsely
representing
the
person’s
self
as
being
17
licensed
as
a
massage
therapist
or
a
cosmetologist.
A
person
18
who
violates
either
provision
commits
a
serious
misdemeanor.
19
The
bill
provides
a
definition
of
“announcement
to
the
public”.
20
HUMAN
TRAFFICKING.
The
bill
provides
that
a
person
who
21
knowingly
engages
in
human
trafficking
by
knowingly
providing
22
or
facilitating
the
provision
of
a
forged,
altered,
or
23
fraudulent
license
purportedly
issued
pursuant
to
Code
chapter
24
152C
or
157,
or
a
forged,
altered,
or
fraudulent
government
25
identification,
to
another
person
to
force,
coerce,
entice,
26
assist,
facilitate,
or
permit
the
other
person
to
perform
labor
27
or
services,
is
guilty
of
an
aggravated
misdemeanor.
If
the
28
other
person
is
under
the
age
of
18,
the
person
is
guilty
29
of
a
class
“D”
felony.
The
bill
provides
that
a
person
who
30
knowingly
engages
in
human
trafficking
by
knowingly
forcing,
31
coercing,
enticing,
assisting,
facilitating,
or
permitting
32
another
person
in
possession
of
a
forged,
altered,
or
33
fraudulent
license
purportedly
issued
pursuant
to
Code
chapter
34
152C
or
157,
or
a
forged,
altered,
or
fraudulent
government
35
-8-
LSB
2286SV
(1)
89
ko/rh
8/
10
S.F.
388
identification,
to
produce
such
license
or
government
1
identification
to
a
peace
officer
upon
request
of
a
peace
2
officer,
is
guilty
of
an
aggravated
misdemeanor.
If
the
other
3
person
is
under
the
age
of
18,
the
person
is
guilty
of
a
class
4
“D”
felony.
A
person
who
is
found
guilty,
enters
a
plea
of
5
guilty,
receives
a
deferred
judgment,
or
receives
a
deferred
or
6
suspended
sentence
for
either
violation
shall
be
ineligible
for
7
a
massage
therapist
or
cosmetologist
license
for
at
least
five
8
years.
9
The
bill
expands
the
definition
of
“forced
labor
or
10
services”
in
Code
section
710A.1
to
include
knowingly
forcing,
11
coercing,
intimidating,
or
compelling
another
person
to
perform
12
an
act
in
violation
of
state
or
federal
law
through
the
use
of
13
debt
bondage
or
servitude
or
as
a
condition
of
being
allowed
14
to
remain
in
the
United
States.
15
The
bill
provides
that
a
person
who
owns,
rents,
leases,
or
16
uses
any
building,
structure,
boat,
trailer,
or
other
place
17
offering
shelter
or
seclusion,
and
who
knows
or
has
reason
to
18
know
that
the
building,
structure,
boat,
trailer,
or
other
19
place
is
being
used
for
human
trafficking,
commits
a
class
20
“D”
felony.
It
is
an
affirmative
defense
if,
immediately
21
upon
acquiring
knowledge
of
the
human
trafficking,
the
person
22
notifies
a
law
enforcement
agency
with
jurisdiction
and
fully
23
cooperates
with
any
subsequent
investigation.
24
The
bill
also
provides
that
if
a
law
enforcement
agency
25
notifies
a
person
who
owns,
rents,
leases,
or
uses
any
part
of
26
a
building,
structure,
boat,
trailer,
or
other
place
offering
27
shelter
or
seclusion
of
an
investigation
pursuant
to
Code
28
chapter
152C
or
157,
that
may
involve
the
building,
structure,
29
boat,
trailer,
or
other
place
offering
shelter
or
seclusion,
30
the
person
has
an
affirmative
duty
to
fully
cooperate
with
the
31
investigation.
A
person
who
fails
to
fully
cooperate
with
an
32
investigation
commits
a
serious
misdemeanor.
33
The
bill
provides
that
a
court
may
order
restorative
34
expenses
for
a
period
of
three
years
as
part
of
a
human
35
-9-
LSB
2286SV
(1)
89
ko/rh
9/
10
S.F.
388
trafficking
victim’s
restitution.
The
bill
defines
1
“restorative
expenses”
as
the
projected
costs
of
education,
2
vocational
training,
medical
health,
mental
health,
3
transportation,
housing,
child
care,
or
other
projected
4
costs
that
will
aid
in
a
victim’s
recovery.
The
court
is
5
prohibited
from
considering
a
defendant’s
ability
to
pay
in
the
6
court’s
decision
to
order
restorative
expenses.
A
defendant’s
7
obligation
to
pay
court-ordered
restorative
expenses
is
not
8
dischargeable
in
any
proceeding
under
the
federal
Bankruptcy
9
Act.
10
The
bill
provides
that
if
during
the
course
of
an
11
investigation
of
or
prosecution
for
human
trafficking,
a
peace
12
officer
has
reason
to
believe
that
a
person
who
purports
to
13
be
licensed
as
a
massage
therapist
or
a
cosmetologist
does
14
not
possess
a
valid
license,
or
is
in
violation
of
any
other
15
state
or
federal
laws,
the
peace
officer
may
report
such
16
noncompliance
to
the
appropriate
licensing
board
under
the
17
professional
licensure
division
within
the
department
of
public
18
health,
and
to
the
appropriate
state
or
federal
authorities.
19
-10-
LSB
2286SV
(1)
89
ko/rh
10/
10
