Bill Text: IA SF83 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the criminal offense of sexual exploitation by a school employee, and making penalties applicable. (See SF 238.)
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-02-14 - Fiscal note. [SF83 Detail]
Download: Iowa-2017-SF83-Introduced.html
Senate File 83 - Introduced SENATE FILE BY ZAUN A BILL FOR 1 An Act relating to the criminal offense of sexual exploitation 2 by a school employee, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1390XS (3) 87 kh/nh PAG LIN 1 1 Section 1. Section 709.15, subsection 1, paragraph f, Code 1 2 2017, is amended by striking the paragraph and inserting in 1 3 lieu thereof the following: 1 4 f. (1) "School employee" means any of the following, except 1 5 as provided in subparagraph (2): 1 6 (a) A person who holds a license, certificate, 1 7 authorization, or statement of professional recognition issued 1 8 under chapter 272. 1 9 (b) A person employed by a school district full=time, 1 10 part=time, or as a substitute. 1 11 (c) A person who performs services as a volunteer for a 1 12 school district and who has significant contact with students. 1 13 (d) A person who provides services under a contract for such 1 14 services to a school district and who has significant contact 1 15 with students. 1 16 (2) "School employee" does not include the following: 1 17 (a) A student enrolled in a school district. 1 18 (b) A person who holds a coaching authorization issued 1 19 under section 272.31, subsection 1, if the person is less than 1 20 four years older than the student with whom the person engages 1 21 in conduct prohibited under subsection 3, paragraph "a", and 1 22 the person is not in a position of direct authority over the 1 23 student. 1 24 (c) A person who performs services as a volunteer for a 1 25 school district and who has significant contact with students 1 26 enrolled in the school district if the person is less than 1 27 four years older than the student with whom the person engages 1 28 in conduct prohibited under subsection 3, paragraph "a", and 1 29 the person is not in a position of direct authority over the 1 30 student. 1 31 Sec. 2. Section 709.15, subsection 3, Code 2017, is amended 1 32 by adding the following new paragraph: 1 33 NEW PARAGRAPH. c. The provisions of this subsection do 1 34 not apply to a person who is employed by, volunteers for, 1 35 or provides services under a contract for such services to a 2 1 school district, if the student is not enrolled in the same 2 2 school district that employs the person or for which the person 2 3 volunteers or provides contracted services, and the person 2 4 does not meet the requirements of subsection 1, paragraph "f", 2 5 subparagraph (1), subparagraph division (a). 2 6 EXPLANATION 2 7 The inclusion of this explanation does not constitute agreement with 2 8 the explanation's substance by the members of the general assembly. 2 9 This bill expands the Code provision that establishes 2 10 the criminal offense of sexual exploitation by a school 2 11 employee to include a person who holds a license, certificate, 2 12 authorization, or statement of professional recognition issued 2 13 by the board of educational examiners; a person employed by 2 14 a school district full=time, part=time, or as a substitute; 2 15 and a person who performs services as a volunteer or contract 2 16 employee for a school district and who has significant contact 2 17 with students. 2 18 However, under the bill, "school employee" does not include 2 19 a student enrolled in a school district, a person who holds a 2 20 coaching authorization if the person is less than four years 2 21 older than the student and the person is not in a position 2 22 of direct authority over the student, or a volunteer for the 2 23 school district if the volunteer is less than four years older 2 24 than the student and is not in a position of direct authority 2 25 over the student. 2 26 Currently, a "school employee" is defined to include any 2 27 practitioner or coach who is licensed or authorized by the 2 28 board of educational examiners. The current definition does 2 29 not limit employment to a public or nonpublic school. 2 30 The bill makes the provisions relating to sexual 2 31 exploitation by a school employee inapplicable to a person who 2 32 is employed by, volunteers for, or provides services under a 2 33 contract for such services to a school district if the student 2 34 is not enrolled in the same school district that employs 2 35 the person or for which the person volunteers or provides 3 1 contracted services, and the person does not hold a license, 3 2 certificate, authorization, or statement of professional 3 3 recognition issued by the board of educational examiners. 3 4 A person who commits sexual exploitation by a school 3 5 employee in violation of Code section 709.15(3) commits either 3 6 an aggravated misdemeanor, which is punishable by confinement 3 7 for no more than two years and a fine of at least $625 but not 3 8 more than $6,250; or a class "D" felony, which is punishable 3 9 by confinement for no more than five years and a fine of at 3 10 least $750 but not more than $7,500. The person's actions also 3 11 constitute unprofessional and unethical conduct that may result 3 12 in disciplinary action by the board of educational examiners 3 13 and the person must register as a sex offender. LSB 1390XS (3) 87 kh/nh
