Bill Text: IA SSB3169 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the criminal offenses of enticing a minor, prostitution, sexual exploitation of a minor, and human trafficking, and providing for a fee.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-11 - In Judiciary [SSB3169 Detail]
Download: Iowa-2013-SSB3169-Introduced.html
Senate
Study
Bill
3169
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
criminal
offenses
of
enticing
a
minor,
1
prostitution,
sexual
exploitation
of
a
minor,
and
human
2
trafficking,
and
providing
for
a
fee.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
602.8102,
subsection
135A,
Code
2014,
is
1
amended
to
read
as
follows:
2
135A.
Assess
the
surcharges
provided
by
sections
911.1
,
3
911.2
,
911.2A,
911.3
,
and
911.4
.
4
Sec.
2.
Section
602.8108,
subsection
2,
Code
2014,
is
5
amended
to
read
as
follows:
6
2.
Except
as
otherwise
provided,
the
clerk
of
the
district
7
court
shall
report
and
submit
to
the
state
court
administrator,
8
not
later
than
the
fifteenth
day
of
each
month,
the
fines
and
9
fees
received
during
the
preceding
calendar
month.
Except
10
as
provided
in
subsections
3,
4,
5,
5A,
7,
8,
9,
and
10
,
the
11
state
court
administrator
shall
deposit
the
amounts
received
12
with
the
treasurer
of
state
for
deposit
in
the
general
fund
of
13
the
state.
The
state
court
administrator
shall
report
to
the
14
legislative
services
agency
within
thirty
days
of
the
beginning
15
of
each
fiscal
quarter
the
amount
received
during
the
previous
16
quarter
in
the
account
established
under
this
section
.
17
Sec.
3.
Section
602.8108,
Code
2014,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
5A.
The
clerk
of
the
district
court
shall
20
remit
all
moneys
collected
from
the
assessment
of
the
human
21
trafficking
victim
surcharge
provided
in
section
911.2A
to
the
22
state
court
administrator
no
later
than
the
fifteenth
day
of
23
each
month
for
deposit
in
the
human
trafficking
victim
fund
24
created
in
section
915.95.
25
Sec.
4.
Section
710.10,
Code
2014,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
7.
For
purposes
of
this
section,
methods
28
of
enticement
include
but
are
not
limited
to
personal
contact
29
and
communication
by
any
means
including
through
the
mail,
30
telephone,
internet,
or
any
social
media,
and
include
text
31
messages,
instant
messages,
and
electronic
mail.
32
Sec.
5.
NEW
SECTION
.
710A.6
Past
sexual
behavior
of
victim.
33
Evidence
of
a
specific
instance
of
a
victim’s
past
sexual
34
behavior,
or
reputation
or
opinion
evidence
of
past
sexual
35
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behavior
of
a
victim,
is
not
admissible
unless
the
evidence
is
1
admitted
in
accordance
with
rule
of
evidence
5.412.
2
Sec.
6.
Section
725.1,
Code
2014,
is
amended
to
read
as
3
follows:
4
725.1
Prostitution.
5
1.
A
Except
as
provided
in
subsection
3,
a
person
who
sells
6
or
offers
for
sale
the
person’s
services
as
a
partner
in
a
sex
7
act
commits
an
aggravated
misdemeanor.
,
or
8
2.
A
person
who
purchases
or
offers
to
purchase
such
9
a
person’s
services
,
as
a
partner
in
a
sex
act
commits
an
10
aggravated
misdemeanor.
11
3.
If
the
person
who
sells
or
offers
for
sale
the
person’s
12
services
as
a
partner
in
a
sex
act
pursuant
to
subsection
1
13
is
under
the
age
of
eighteen
and
reasonable
grounds
exist
to
14
believe
that
the
influence
or
control
of
an
adult
contributed
15
to
the
commission
of
the
offense,
the
county
attorney
may
16
elect,
in
lieu
of
filing
a
petition
alleging
that
the
person
17
has
committed
a
delinquent
act,
to
refer
the
person
to
the
18
department
of
human
services
for
the
possible
filing
of
19
a
petition
alleging
that
the
person
is
a
child
in
need
of
20
assistance.
21
Sec.
7.
NEW
SECTION
.
802.2B
Sexual
exploitation
of
a
minor.
22
An
information
or
indictment
for
sexual
exploitation
of
23
a
minor
under
section
728.12
committed
on
or
with
a
person
24
who
is
under
the
age
of
eighteen
years
shall
be
found
within
25
ten
years
after
the
person
upon
whom
the
offense
is
committed
26
attains
eighteen
years
of
age,
or
if
the
person
against
whom
27
the
information
or
indictment
is
sought
is
identified
through
28
the
use
of
a
DNA
profile,
an
information
or
indictment
shall
be
29
found
within
three
years
from
the
date
the
person
is
identified
30
by
the
person’s
DNA
profile,
whichever
is
later.
31
Sec.
8.
Section
802.3,
Code
2014,
is
amended
to
read
as
32
follows:
33
802.3
Felony
——
aggravated
or
serious
misdemeanor.
34
In
all
cases,
except
those
enumerated
in
section
802.1
,
35
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802.2
,
802.2A
,
802.2B,
or
802.10
,
an
indictment
or
information
1
for
a
felony
or
aggravated
or
serious
misdemeanor
shall
be
2
found
within
three
years
after
its
commission.
3
Sec.
9.
Section
902.9,
subsection
2,
Code
2014,
is
amended
4
to
read
as
follows:
5
2.
The
surcharges
required
by
sections
911.1
,
911.2
,
6
911.2A,
and
911.3
shall
be
added
to
a
fine
imposed
on
a
class
7
“C”
or
class
“D”
felon,
as
provided
by
those
sections,
and
are
8
not
a
part
of
or
subject
to
the
maximums
set
in
this
section
.
9
Sec.
10.
Section
903.1,
subsection
4,
Code
2014,
is
amended
10
to
read
as
follows:
11
4.
The
surcharges
required
by
sections
911.1
,
911.2
,
12
911.2A,
911.3
,
and
911.4
shall
be
added
to
a
fine
imposed
on
a
13
misdemeanant
as
provided
in
those
sections,
and
are
not
a
part
14
of
or
subject
to
the
maximums
set
in
this
section
.
15
Sec.
11.
NEW
SECTION
.
911.2A
Human
trafficking
victim
16
surcharge.
17
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
18
of
the
district
court
shall
assess
a
human
trafficking
victim
19
surcharge
of
two
hundred
fifty
dollars
if
an
adjudication
of
20
guilt
or
a
deferred
judgment
has
been
entered
for
a
criminal
21
violation
of
section
725.1,
subsection
2,
or
section
710A.2,
22
725.2,
or
725.3.
23
2.
In
the
event
of
multiple
offenses,
the
surcharge
shall
be
24
imposed
for
each
applicable
offense.
25
3.
The
surcharge
shall
be
remitted
by
the
clerk
of
court
as
26
provided
in
section
602.8108,
subsection
5A.
27
Sec.
12.
NEW
SECTION
.
915.95
Human
trafficking
victim
fund.
28
A
fund
is
created
as
a
separate
fund
in
the
state
treasury.
29
Moneys
deposited
in
the
fund
shall
be
administered
by
the
30
department
and
dedicated
to
and
used
for
awarding
moneys
to
31
programs
that
provide
services
and
support
to
victims
of
human
32
trafficking
under
section
710A.2,
including
public
outreach
33
and
awareness
programs
and
service
provider
training
programs.
34
Notwithstanding
section
8.33,
any
balance
in
the
fund
on
June
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30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
of
1
the
state.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
The
bill
relates
to
the
criminal
offenses
of
enticing
a
6
minor,
prostitution,
sexual
exploitation
of
a
minor,
and
human
7
trafficking,
and
provides
for
a
fee.
8
ENTICING
A
MINOR.
The
bill
provides
that
for
the
criminal
9
offense
of
enticing
a
minor,
methods
of
enticement
include
but
10
are
not
limited
to
personal
contact
and
communication
by
any
11
means
including
through
the
mail,
telephone,
internet,
or
any
12
social
media,
and
include
text
messages,
instant
messages,
and
13
electronic
mail.
14
HUMAN
TRAFFICKING
VICTIM
——
PAST
SEXUAL
BEHAVIOR.
The
15
bill
provides
that
evidence
of
a
specific
instance
of
a
human
16
trafficking
victim’s
past
sexual
behavior,
or
reputation
or
17
opinion
evidence
of
past
sexual
behavior
of
a
human
trafficking
18
victim,
is
not
admissible
unless
the
evidence
is
admitted
in
19
accordance
with
rule
of
evidence
5.412
(Iowa’s
rape
shield
20
evidence
law).
21
PROSTITUTION
——
MINOR.
The
bill
provides
that
if
a
person
22
who
sells
or
offers
for
sale
the
person’s
services
as
a
23
partner
in
a
sex
act
(prostitution)
is
under
the
age
of
18
24
and
reasonable
grounds
exist
to
believe
that
the
influence
25
or
control
of
an
adult
contributed
to
the
commission
of
the
26
offense
the
county
attorney
may
elect,
in
lieu
of
filing
a
27
delinquency
petition
in
juvenile
court,
to
refer
the
person
28
to
the
department
of
human
services
for
the
possible
filing
29
of
a
petition
alleging
that
the
person
is
a
child
in
need
of
30
assistance.
31
SEXUAL
EXPLOITATION
OF
A
MINOR
——
STATUTE
OF
LIMITATION.
The
32
bill
increases
the
statute
of
limitation
period
for
the
filing
33
of
an
information
or
indictment
for
the
criminal
offense
of
34
sexual
exploitation
of
a
minor
from
three
years
to
10
years
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_____
after
the
person
upon
whom
the
offense
is
committed
attains
18
1
years
of
age,
or
if
the
person
against
whom
the
information
or
2
indictment
is
sought
is
identified
through
the
use
of
a
DNA
3
profile,
an
information
or
indictment
shall
be
filed
within
4
three
years
from
the
date
the
person
is
identified
by
the
5
person’s
DNA
profile,
whichever
is
later.
6
HUMAN
TRAFFICKING
SURCHARGE.
The
bill
provides
for
the
7
assessment
of
a
$250
human
trafficking
victim
surcharge
if
an
8
adjudication
of
guilt
or
a
deferred
judgment
has
been
entered
9
for
a
criminal
violation
of
Code
sections
725.1,
subsection
10
2
(prostitution
by
a
purchaser
of
sexual
services)
or
710A.2
11
(human
trafficking),
725.2
(pimping),
and
725.3
(pandering).
12
The
surcharge
shall
be
deposited
into
the
human
trafficking
13
victim
fund
created
in
the
bill.
14
HUMAN
TRAFFICKING
VICTIM
FUND.
The
bill
creates
a
human
15
trafficking
victim
fund
to
be
administered
by
the
department
of
16
justice
to
be
used
for
awarding
moneys
to
programs
that
provide
17
services
and
support
to
human
trafficking
victims,
including
18
public
outreach
and
awareness
programs
and
service
provider
19
training
programs.
Notwithstanding
Code
section
8.33,
any
20
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
21
revert
to
the
general
fund
of
the
state.
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