Bill Text: IA SSB1233 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing the criminal offense of sexual exploitation of a child with a disability by an employee of a community college and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-06 - Subcommittee recommends passage. [SSB1233 Detail]
Download: Iowa-2019-SSB1233-Introduced.html
Senate
Study
Bill
1233
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
sexual
exploitation
1
of
a
child
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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Section
1.
Section
614.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
15.
Sexual
exploitation
of
a
child
with
a
3
disability
by
an
employee
of
a
community
college.
An
action
for
4
damages
for
injury
suffered
as
a
result
sexual
exploitation
5
of
a
child
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
child
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
child
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
child
23
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
a
child
28
with
a
disability’s
secondary
schooling
and
are
included
in
the
29
child’s
individualized
education
program.
30
b.
“Child
with
a
disability”
means
a
person
between
the
ages
31
of
eighteen
and
twenty-one
who
has
a
disability
in
obtaining
32
an
education
because
of
a
head
injury,
autism,
behavioral
33
disorder,
or
physical,
mental,
communication,
or
learning
34
disability,
as
defined
by
the
rules
of
the
department
of
35
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education.
1
c.
“Employee
of
a
community
college”
means
a
person
employed
2
by
a
community
college
who,
pursuant
to
a
contract
between
3
a
school
district
and
the
community
college,
provides
4+
4
services
to
a
child
with
a
disability
who
is
between
the
ages
5
of
eighteen
and
twenty-one,
and
includes
any
of
the
following:
6
(1)
A
person
who
holds
a
license,
certificate,
or
statement
7
of
professional
recognition
issued
under
chapter
272.
8
(2)
A
person
who
holds
an
authorization
issued
under
chapter
9
272.
10
(3)
A
person
employed
by
the
community
college
full-time,
11
part-time,
or
as
a
substitute.
12
(4)
A
person
who
performs
services
as
a
volunteer
for
a
13
community
college
and
who
has
direct
contact
with
the
student
14
receiving
4+
services.
15
(5)
A
person
who
provides
services
under
a
contract
for
such
16
services
to
a
community
college
and
who
has
direct
contact
with
17
the
student
receiving
4+
services.
18
d.
“Individualized
education
program”
means
a
written
19
statement
for
each
child
with
a
disability
identified
under
the
20
law
who
is
attending
a
secondary
educational
institution,
that
21
is
developed,
reviewed,
and
revised
to
ensure
that
the
child
22
with
a
disability
receives
specialized
instruction
and
related
23
services.
24
2.
a.
Sexual
exploitation
of
a
child
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
child
with
a
disability
for
30
the
purpose
of
arousing
or
satisfying
the
sexual
desires
of
the
31
school
employee
or
the
child
with
a
disability.
Sexual
conduct
32
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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breast,
groin,
buttock,
anus,
pubes,
or
genitals.
1
(c)
A
sex
act
as
defined
in
section
702.17.
2
b.
Sexual
exploitation
of
a
child
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
child
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
child
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
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
establishes
the
criminal
offense
of
sexual
33
exploitation
of
a
child
with
a
disability
by
an
employee
of
a
34
community
college
and
provides
penalties.
35
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The
bill
defines
“employee
of
a
community
college”
to
1
mean
a
person
employed
by
a
community
college
who,
pursuant
2
to
a
contract
between
a
school
district
and
the
community
3
college,
provides
4+
services
to
a
child
with
a
disability
4
who
is
between
the
ages
of
18
and
21,
and
includes
any
of
5
the
following:
a
person
who
holds
a
license,
certificate,
6
statement
of
professional
recognition,
or
an
authorization
7
issued
under
Code
chapter
272,
whether
employed
full-time,
8
part-time,
or
as
a
substitute.
The
definition
also
includes
9
a
volunteer
for
a
community
college
and
a
person
who
provides
10
services
under
a
contract
for
such
services
to
a
community
11
college,
and
who
has
direct
contact
with
the
student
receiving
12
4+
services.
13
The
bill
defines
“4+
services”
as
secondary
planning
14
and
transition
services
intended
to
give
a
child
with
15
a
disability
vocational
and
life
skills
to
increase
16
independence
in
adulthood
which
are
part
of
a
child
with
a
17
disability’s
secondary
schooling
and
are
included
in
the
18
child’s
individualized
education
program.
A
“child
with
a
19
disability”
means
a
person
between
the
ages
of
18
and
21
who
20
has
a
disability
in
obtaining
an
education
because
of
a
head
21
injury,
autism,
behavioral
disorder,
or
physical,
mental,
22
communication,
or
learning
disability.
23
The
bill
provides
that
sexual
exploitation
of
a
child
with
a
24
disability
by
an
employee
of
a
community
college
occurs
when
25
any
of
the
following
are
found:
a
pattern
or
practice
or
26
scheme
of
conduct
to
engage
in
any
sexual
conduct
with
a
child
27
with
a
disability
for
the
purpose
of
arousing
or
satisfying
the
28
sexual
desires
of
the
community
college
employee
or
the
child
29
with
a
disability.
Sexual
conduct
includes
but
is
not
limited
30
to:
kissing,
touching
of
the
clothed
or
unclothed
inner
thigh,
31
breast,
groin,
buttock,
anus,
pubes,
or
genitals,
or
a
sex
32
act
as
defined
in
Code
section
702.17.
It
does
not
include
33
touching
that
is
necessary
in
the
performance
of
the
community
34
college
employee’s
duties
while
acting
within
the
scope
of
35
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employment.
1
The
bill
provides
that
an
employee
of
a
community
college
who
2
engages
in
a
pattern
or
practice
or
scheme
of
conduct
to
engage
3
in
such
sexual
conduct
with
a
child
with
a
disability
commits
a
4
class
“D”
felony.
An
employee
of
a
community
college
commits
5
an
aggravated
misdemeanor
if
the
employee
of
a
community
6
college
engages
in
such
sexual
conduct
with
a
child
with
a
7
disability.
8
A
class
“D”
felony
is
punishable
by
confinement
for
no
more
9
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
10
$7,500.
An
aggravated
misdemeanor
is
punishable
by
confinement
11
for
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
12
more
than
$6,250.
13
A
person
who
violates
the
bill
is
also
subject
to
a
special
14
sentence
under
Code
section
903B.2.
A
special
sentence
is
a
15
punishment
in
addition
to
the
punishment
for
the
underlying
16
criminal
offense
committing
the
person
into
the
custody
of
the
17
director
of
the
Iowa
department
of
corrections
for
a
period
18
of
10
years.
A
person
serving
a
special
sentence
begins
the
19
sentence
as
if
on
parole
or
work
release
but
the
sentence
is
20
subject
to
a
revocation
of
release
for
up
to
two
years
for
a
21
first
revocation
and
five
years
for
any
second
or
subsequent
22
revocation.
23
A
person
who
violates
the
bill
is
classified
as
a
tier
II
sex
24
offender
under
Code
section
692A.102(1)(b)(11)
if
the
child
is
25
13
years
of
age
or
older,
and
is
required
to
register
as
a
sex
26
offender
under
Code
section
692A.103.
27
The
bill
makes
conforming
Code
changes
to
Code
sections
28
614.1
(statute
of
limitations
periods),
702.11
(definition
of
29
forcible
felony),
and
709.19
(no-contact
order
upon
dependant’s
30
release
from
jail
or
prison).
31
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