HF 2464 — A bill for an act relating to the expungement of certain criminal history records of victims of human trafficking, child abuse and minors engaged in prostitution, and including penalties. (Formerly HSB 721.)

j.

Burglary in the second degree in violation of section 713.5.

k.

Neglect or abandonment of a dependent person in violation of section 726.3.

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2464 l.

Child endangerment in violation of section 726.6.

This section shall not be construed to confer any right to any person to the expungement of the person’s criminal history record.record and associated court records.

The supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal history record and associated court records under this section.

EXPLANATIONSec. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

This3. bill is related to the expungement of certain criminal history records (criminal record) of victims of human trafficking.

“HumanSection trafficking”725.1, issubsection defined1, inparagraphs theb billand asc, participatingCode in2022, aare ventureamended to recruit,read harbor,as transport,follows: supply provisions, or obtain a person for forced labor or service that results in involuntary servitude, peonage, debt bondage, or slavery;

orb. for commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of 18, the commercial sexual activity need not involve force, fraud, or coercion;

LSBIf 6199HVthe (1)person 89who -5-sells ko/rhor 5/8offers H.F.for sale the person’s services as a partner in a sex act is under the age of eighteen, the county attorney may elect, in lieu of filing a petition alleging that the person has committed a delinquent act, to the person shall not be arrested, charged, or prosecuted for an offense under this section.

2464A andpeace knowinglyofficer purchasingwho orencounters attempting to purchase services involving commercial sexual activity from a victimHF or2464 another(2) person89 engaged-5- inko/rh/md trafficking.5/6 H.F.

“Victim2464 ofperson humanunder trafficking”the isage definedof eighteen engaged in thea billviolation asof athis section may take custody of the person subjectedunder tosection human232.78 trafficking.or 232.79.

The billpeace permitsofficer ashall personrefer tothat petition the courtperson forto expungement of the person’sdepartment criminalof recordhuman resultingservices fromfor the arrestpossible or filing of a charge,petition withoutalleging regardthat to the disposition of the arrest or of the charge, for an offense committed or reported to have been committed while the person wasis a victimchild ofin humanneed trafficking.of assistance.

Ac. petition for expungement (petition) may be filed any time after the date on which the person is no longer a victim of human trafficking or the person has accessed services for victims of human trafficking.

AIf petitionthe musta includeperson thewho petitioner’ssells swornor statementoffers attestingfor thatsale the petitionerperson’s services as a partner in a sex act is eligibleunder the age of eighteen has been convicted of a violation under paragraph “a”, upon the expiration of two years following the person’s conviction for expungementa andthat officialviolation documentation,of paragraph “a” or of a violation of a similar local ordinance, the person may petition the court to expunge the conviction, and if available.the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law.

“OfficialThe documentation”court isshall definedenter asan documentationorder issued by a federal, state, or local office, agency, or department that providesthe evidencerecord of athe person’sconviction statusbe asexpunged aby victimthe clerk of humanthe trafficking.district court.

ANotwithstanding petitionersection who692.2, knowinglyafter providesreceipt falseof informationnotice onfrom the swornclerk statementof commitsthe district court that a classrecord “D”of felony,conviction punishablefor asa providedviolation inof Codeparagraph section“a” 720.2.has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety.

AHF copy2464 of(2) the89 petition-6- shallko/rh/md be6/6 served upon the appropriate county attorney or the attorney general, and the arresting law enforcement agency.

A court’s final determination of a petition shall be based on a preponderance of the evidence.

If the petitioner submits official documentation to the court, the submission of such documentation creates a presumption that the petitioner’s participation in the offense or offenses for which expungement is sought was due to the petitioner’s status as a victim of human trafficking.

Official documentation shall not be required for a court to grant a petition;

however, a final determination made by the court without official documentation shall be based on a showing of clear and convincing evidence.

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2464 Notwithstanding any law to the contrary, a court may order the expungement of the criminal record of a victim of human trafficking if the victim complies with the requirements of the bill.

If relief is ordered by a court, the requirements for certification and distribution of copies of the court order shall be as provided in the bill.

Under the bill, a criminal record that is expunged shall be a confidential record and exempt from public access under Code section 22.7, except as detailed in the bill.

Any information that reveals, or that may reveal, the identity of a person whose criminal record has been expunged shall be a confidential record and exempt from public access under Code section 22.7.

Criminal investigative data and criminal intelligence data that is confidential and exempt under the bill may be disclosed by a law enforcement agency for the reasons detailed in the bill.

A person who is the subject of a criminal record that is expunged may lawfully deny or fail to acknowledge an arrest or conviction covered by the expunged criminal record, except if the person is a candidate for employment with a criminal justice agency or is a defendant in a criminal prosecution.

Subject to those exceptions, a person who has been granted an expungement shall not be held under any law of this state to have committed perjury or to be otherwise liable for providing a false statement by reason of the person’s failure to recite or acknowledge the criminal record.

The bill does not apply to certain criminal offenses as detailed in the bill.

If a person was adjudicated not guilty by reason of insanity or was found to be incompetent to stand trial, expungement of the person’s criminal record shall not prevent the entry of the judgment in state and national databases for use in determining the person’s eligibility to purchase or possess a firearm or to carry a concealed firearm pursuant to Code sections 724.8 and 724.26 and 18 U.S.C.

§922(t), and shall not prevent any government agency that is authorized by state or federal law to determine the person’s LSB 6199HV (1) 89 -7- ko/rh 7/8 H.F.

2464 eligibility to purchase or possess a firearm or to carry a concealed firearm from accessing or using the person’s criminal record during the course of the agency’s official duties.

The bill shall not be construed to confer any right to a person to the expungement of the person’s criminal record.

Any petition for expungement of a person’s criminal record under the bill may be denied at the discretion of the court.

The bill provides that the supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal record under the bill.

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