Text: HSB73            Text: HSB75


House Study Bill 74

SENATE/HOUSE FILE BY (PROPOSED ATTORNEY GENERAL BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the crime of human trafficking. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1355DP 83 4 rh/rj/14 PAG LIN 1 1 Section 1. Section 710A.1, subsection 1, Code 2009, is 1 2 amended to read as follows: 1 3 1. "Commercial sexual activity" means any sex act on 1 4 behalf activity of a sexual nature for the performance of 1 5 which anything of value is given, promised to, or received by 1 6 any person and includes, includes but is not limited to, to a 1 7 sex act, prostitution, participation in the production of 1 8 pornography, and performance in strip clubs. 1 9 Sec. 2. Section 915.35, subsection 1, Code 2009, is 1 10 amended to read as follows: 1 11 1. As used in this section, "victim" means a child under 1 12 the age of eighteen who has been sexually abused or subjected 1 13 to any other unlawful sexual conduct under chapter 709, 710A, 1 14 or 726 or who has been the subject of a forcible felony. 1 15 Sec. 3. Section 915.36, subsection 1, Code 2009, is 1 16 amended to read as follows: 1 17 1. Prior to an arrest or the filing of an information or 1 18 indictment, whichever occurs first, against a person charged 1 19 with a violation of chapter 709 or 710A, section 726.2, or 1 20 section 728.12, committed with or on a child, as defined in 1 21 section 702.5 under the age of eighteen, the identity of the 1 22 child or any information reasonably likely to disclose the 1 23 identity of the child shall not be released to the public by 1 24 any public employee except as authorized by the court of 1 25 jurisdiction. 1 26 Sec. 4. Section 915.37, Code 2009, is amended to read as 1 27 follows: 1 28 915.37 GUARDIAN AD LITEM FOR PROSECUTING CHILD WITNESSES. 1 29 1. A prosecuting witness who is a child, as defined in 1 30 section 702.5, in a case involving a violation of chapter 709 1 31 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is 1 32 entitled to have the witness's interests represented by a 1 33 guardian ad litem at all stages of the proceedings arising 1 34 from such violation. The guardian ad litem shall be a 1 35 practicing attorney and shall be designated by the court after 2 1 due consideration is given to the desires and needs of the 2 2 child and the compatibility of the child and the child's 2 3 interests with the prospective guardian ad litem. If a 2 4 guardian ad litem has previously been appointed for the child 2 5 in a proceeding under chapter 232 or a proceeding in which the 2 6 juvenile court has waived jurisdiction under section 232.45, 2 7 the court shall appoint the same guardian ad litem under this 2 8 section. The guardian ad litem shall receive notice of and 2 9 may attend all depositions, hearings, and trial proceedings to 2 10 support the child and advocate for the protection of the child 2 11 but shall not be allowed to separately introduce evidence or 2 12 to directly examine or cross=examine witnesses. However, the 2 13 guardian ad litem shall file reports to the court as required 2 14 by the court. If a prosecuting witness is fourteen, fifteen, 2 15 sixteen, or seventeen years of age, and would be entitled to 2 16 the appointment of a guardian ad litem if the prosecuting 2 17 witness were a child, the court may appoint a guardian ad 2 18 litem if the requirements for guardians ad litem in this 2 19 section are met, and the guardian ad litem agrees to 2 20 participate without compensation. 2 21 2. References in this section to a guardian ad litem shall 2 22 be interpreted to include references to a court appointed 2 23 special advocate as defined in section 232.2, subsection 9. 2 24 EXPLANATION 2 25 This bill relates to human trafficking. 2 26 The bill amends the definition of "commercial sexual 2 27 activity" as an element of the crime of human trafficking to 2 28 include any sexual activity of a sexual nature for the 2 29 performance of which anything of value is given, promised to, 2 30 or received by any person including but not limited to a sex 2 31 act as defined in Code section 702.17, prostitution, 2 32 participation in the production of pornography, and 2 33 performance in strip clubs. 2 34 Current law provides that a person who knowingly engages in 2 35 human trafficking by soliciting services or benefiting from 3 1 the services of a victim is guilty of a class "D" felony, 3 2 except that if the victim is under the age of 18, the person 3 3 is guilty of a class "C" felony. "Services" means an ongoing 3 4 relationship between a person and the actor in which the 3 5 person performs activities under the supervision of or for the 3 6 benefit of the actor, including commercial sexual activity and 3 7 sexually explicit performances. A class "C" felony is 3 8 punishable by confinement for no more than 10 years and a fine 3 9 of at least $1,000 but not more than $10,000 and a class "D" 3 10 felony is punishable by confinement for no more than five 3 11 years and a fine of at least $750 but not more than $7,500. 3 12 The bill amends provisions in victims rights laws to extend 3 13 protections to child victims of human trafficking relating to 3 14 child victim services, protection of a child victim's privacy, 3 15 and the appointment of a guardian ad litem for a prosecuting 3 16 witness who is a child. 3 17 LSB 1355DP 83 3 18 rh/rj/14
Text: HSB73            Text: HSB75