Iowa-2021-SF388-Introduced

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