Bill Text: IA SF577 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act establishing the criminal offense of sexual exploitation of a student with a disability by an employee of a community college and providing penalties. (Formerly SSB 1233.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-02 - Subcommittee Meeting: 04/03/2019 8:00AM House Lounge. [SF577 Detail]
Download: Iowa-2019-SF577-Amended.html
Senate
File
577
-
Reprinted
SENATE
FILE
577
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1233)
(As
Amended
and
Passed
by
the
Senate
April
1,
2019
)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
sexual
exploitation
1
of
a
student
with
a
disability
by
an
employee
of
a
community
2
college
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
577
Section
1.
Section
614.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
15.
Sexual
exploitation
of
a
student
with
3
a
disability
by
an
employee
of
a
community
college.
An
action
4
for
damages
for
injury
suffered
as
a
result
sexual
exploitation
5
of
a
student
with
a
disability
by
an
employee
of
a
community
6
college,
as
defined
in
section
709.15A,
shall
be
brought
within
7
five
years
of
the
date
the
victim
last
received
4+
services
8
from
an
employee
of
a
community
college.
9
Sec.
2.
Section
692A.102,
subsection
1,
paragraph
b,
10
subparagraph
(11),
Code
2019,
is
amended
to
read
as
follows:
11
(11)
Sexual
exploitation
by
a
counselor,
therapist,
or
12
school
employee
in
violation
of
section
709.15
,
or
sexual
13
exploitation
of
a
student
with
a
disability
by
an
employee
of
14
a
community
college
in
violation
of
section
709.15A,
if
the
15
victim
is
thirteen
years
of
age
or
older.
16
Sec.
3.
Section
702.11,
subsection
2,
paragraph
d,
Code
17
2019,
is
amended
to
read
as
follows:
18
d.
Sexual
exploitation
by
a
counselor,
therapist,
or
school
19
employee
in
violation
of
section
709.15
,
or
sexual
exploitation
20
of
a
student
with
a
disability
by
an
employee
of
a
community
21
college
in
violation
of
section
709.15A
.
22
Sec.
4.
NEW
SECTION
.
709.15A
Sexual
exploitation
of
a
23
student
with
a
disability
by
an
employee
of
a
community
college.
24
1.
As
used
in
this
section:
25
a.
“4+
services”
means
secondary
planning
and
transition
26
services
intended
to
give
students
vocational
and
life
skills
27
to
increase
independence
in
adulthood
which
are
part
of
28
a
student
with
a
disability’s
secondary
schooling
and
are
29
included
in
the
student’s
individualized
education
program.
30
b.
“Employee
of
a
community
college”
means
a
person
employed
31
by
a
community
college
who,
pursuant
to
a
contract
between
32
a
school
district
and
the
community
college,
provides
4+
33
services
to
a
child
with
a
disability
who
is
between
the
ages
34
of
eighteen
and
twenty-one,
and
includes
any
of
the
following:
35
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S.F.
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(1)
A
person
who
holds
a
license,
certificate,
or
statement
1
of
professional
recognition
issued
under
chapter
272.
2
(2)
A
person
who
holds
an
authorization
issued
under
chapter
3
272.
4
(3)
A
person
employed
by
the
community
college
full-time,
5
part-time,
or
as
a
substitute.
6
(4)
A
person
who
performs
services
as
a
volunteer
for
a
7
community
college
and
who
has
direct
contact
with
the
student
8
receiving
4+
services.
9
(5)
A
person
who
provides
services
under
a
contract
for
such
10
services
to
a
community
college
and
who
has
direct
contact
with
11
the
student
receiving
4+
services.
12
c.
“Individualized
education
program”
means
a
written
13
statement
for
each
student
with
a
disability
identified
under
14
the
law
who
is
attending
a
secondary
educational
institution,
15
that
is
developed,
reviewed,
and
revised
to
ensure
that
the
16
student
with
a
disability
receives
specialized
instruction
and
17
related
services.
18
d.
“Student
with
a
disability”
means
a
person
between
19
the
ages
of
eighteen
and
twenty-one
who
has
a
disability
in
20
obtaining
an
education
because
of
a
head
injury,
autism,
21
behavioral
disorder,
or
physical,
mental,
communication,
or
22
learning
disability,
as
defined
by
the
rules
of
the
department
23
of
education.
24
2.
a.
Sexual
exploitation
of
a
student
with
a
disability
25
by
an
employee
of
a
community
college
occurs
when
any
of
the
26
following
are
found:
27
(1)
A
pattern
or
practice
or
scheme
of
conduct
to
engage
in
28
any
of
the
conduct
described
in
subparagraph
(2).
29
(2)
Any
sexual
conduct
with
a
student
with
a
disability
for
30
the
purpose
of
arousing
or
satisfying
the
sexual
desires
of
31
the
school
employee
or
the
student
with
a
disability.
Sexual
32
conduct
includes
but
is
not
limited
to
the
following:
33
(a)
Kissing.
34
(b)
Touching
of
the
clothed
or
unclothed
inner
thigh,
35
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577
breast,
groin,
buttock,
anus,
pubes,
or
genitals.
1
(c)
A
sex
act
as
defined
in
section
702.17.
2
b.
Sexual
exploitation
of
a
student
with
a
disability
by
3
an
employee
of
a
community
college
does
not
include
touching
4
that
is
necessary
in
the
performance
of
the
community
college
5
employee’s
duties
while
acting
within
the
scope
of
employment.
6
3.
a.
A
community
college
employee
who
commits
sexual
7
exploitation
of
a
student
with
a
disability
in
violation
of
8
subsection
2,
paragraph
“a”
,
subparagraph
(1),
commits
a
class
9
“D”
felony.
10
b.
A
community
college
employee
who
commits
sexual
11
exploitation
of
a
student
with
a
disability
in
violation
of
12
subsection
2,
paragraph
“a”
,
subparagraph
(2),
commits
an
13
aggravated
misdemeanor.
14
Sec.
5.
Section
709.19,
subsection
1,
Code
2019,
is
amended
15
to
read
as
follows:
16
1.
Upon
the
filing
of
an
affidavit
by
a
victim,
or
a
parent
17
or
guardian
on
behalf
of
a
minor
who
is
a
victim,
of
a
crime
18
that
is
a
sexual
offense
in
violation
of
section
709.2
,
709.3
,
19
709.4
,
709.8
,
709.9
,
709.11
,
709.12
,
709.14
,
709.15
,
709.15A,
20
or
709.16
,
that
states
that
the
presence
of
or
contact
with
21
the
defendant
whose
release
from
jail
or
prison
is
imminent
or
22
who
has
been
released
from
jail
or
prison
continues
to
pose
a
23
threat
to
the
safety
of
the
victim,
persons
residing
with
the
24
victim,
or
members
of
the
victim’s
immediate
family,
the
court
25
shall
enter
a
temporary
no-contact
order
which
shall
require
26
the
defendant
to
have
no
contact
with
the
victim,
persons
27
residing
with
the
victim,
or
members
of
the
victim’s
immediate
28
family.
29
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