Amendment vs bill Amendment H-1175 vs Enrolled

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KimReynolds OFFICE O F T H E G O V E R N O R Adam Gregg G O V E R N O R LT G O V E R N O R May 11,2023 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines.Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
Senate File 84 H-1175 Amend Senate File 84, as passed by the Senate, as follows:
SenateFile84,an Actrelatingtothecriminaloffensesofsexualexploitationofaminor andstalkingcommitted whileutilizingatechnologicaldevice,theenticementandsexual exploitationofminorsandthedisseminationofobscenematerialtominorsandthe utilizationofundercoverlawenforcementofficersoragentsposingasminors,and providingpenalties.
TheaboveSenateFileisherebyapprovedonthisdate.
Sincerely, o \ <l ^ Kim Reynolds Governor ofIowa cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV RIGHT ''-•"nnnnrnm G E N E R A L .
A S S E M B l .
Y S e n a t e F i l e 8 4 A N A C T R E L A T I N G T O T H E C R I M I N A L O F F E N S E S O F S E X U A L E X P L O I T A T I O N O F A M I N O R A N D S T A L K I N G C O M M I T T E D W H I L E U T I L I Z I N G A T E C H N O L O G I C A L D E V I C E , T H E E N T I C E M E N T AND S E X U A L E X P L O I T A T I O N O F M I N O R S A N D T H E D I S S E M I N A T I O N O F O B S C E N E M A T E R I A L T O M I N O R S A N D T H E U T I L I Z A T I O N O F U N D E R C O V E R L A W E N F O R C E M E N T O F F I C E R S O R A G E N T S P O S I N G A S M I N O R S , A N D P R O V I D I N G P E N A L T I E S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O P T H E S T A T E O F I O W A :
D I V I S I O N I S E X U A L E X P L O I T A T I O N O F A M I N O R Section 1, Section 710.10, subsections 1 , 2, 3, and 4, Code 0 2 3 , a r e a m e n d e d t o r e a d a s f o l l o w s :
A person commits a class ^'C" felony when, without authority and with the intent to commit sexual abuse or sexual exploitation upon a minor under the age of thirteen, the person entices or attempts to entice a person reasonably believed Senate File 84, p.
Page 1, before line 1 by inserting:
2 to be under the age of thirteen including a law enforcement officer or agent posing as a minor under the age of thirteen.
<DIVISION I SEXUAL EXPLOITATION OF A MINOR> 2.
2.
Page 4, after line 24 by inserting:
A person commits a class felony when, without authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor under the age of sixteen, the person entices or attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age o fs i x t e e n .
<DIVISION ___ HUMAN TRAFFICKING TASK FORCE Sec.
3.
___.
A person commits a class felony when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person entices a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
NEW SECTION.
4.
80.45B Human trafficking task force.
A person commits an aggravated misdemeanor when, without authority and with the intent to commit an illegal act upon a minor under the age of sixteen, the person attempts to entice a person reasonably believed to be under the age of sixteen including a law enforcement officer or agent posing as a minor under the age of sixteen.
A person convicted under this subsection shall not be subject to the registration requirements under chapter 692A unless the finder of fact determines that the illegal act was sexually motivated.
Sec.
2.
Section 728.12, subsections 1, 2, and 3, Code 2023, a r a m e n dt or e aa s f o l l o w s :
It shall be unlawful to employ, use, persuade, induce, entice, coerce, solicit, knowingly permit, or otherwise cause or attempt to cause a minor or a law enforcement officer or agent posing as a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act.
The commissioner shall establish, by January 30, 2024, a task force that shall do all of the following:
A person must know, or have reason to know, or intend that the act or simulated act may be photographed, filmed, or otherwise preserved in a visual depiction.
a.
A person who commits a violation of this subsection commits a class felony.
Collaborate with the office to combat human trafficking.
Notwithstanding section 902.9, the court may assess a fine of not more than fifty thousand dollars for each offense under this subsection in addition to imposing any other authorized Senate File 84, p.
b.
3 s e n t e n c e .
Examine the extent of human trafficking of minors in the state.
c.
Identify current initiatives to eliminate human trafficking of minors in the state.
d.
Identify current services available in the state to minor victims of human trafficking.
e.
Research and recommend a model of rehabilitative services for minor victims of human trafficking that includes input from law enforcement, social services organizations, the judicial system, and mental health professionals.
f.
Identify barriers that prevent minor victims of human trafficking from seeking legal assistance or medical attention.
g.
Create a procedure to be followed by all law enforcement officers statewide if a law enforcement officer encounters a minor who may be a victim of human trafficking.
For purposes of this section, “law enforcement officer” means an officer appointed by the director of the department of natural resources, a member of a police force or other agency or department of the state, county, city, or tribal government regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state and all individuals, as determined by the Iowa law enforcement academy council, who by the nature of their duties may be required to perform the duties of a SF 84.1483 (1) 90 -1- as/rh 1/4 peace officer.
h.
Investigate and identify the potential for a pathway for the implementation of a safe harbor law that prohibits the prosecution of minor victims of human trafficking, and directs minor victims of human trafficking to rehabilitative services.
i.
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Investigate and identify potential routes to eliminate human trafficking of minors in the state.
j.
Report on findings and make recommendations in the report submitted by the office to combat human trafficking to the general assembly under subsection 5.
It shall be unlawful to knowingly promote any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act.
The task force shall consist of the following members:
A person who commits a violation of this subsection commits a class felony.
a.
Notwithstanding section 902.9, the court may assess a fine of not more than twenty-five thousand dollars for each offense under this subsection in addition to imposing any other authorized s e n t e n c e .
The commissioner or the commissioner’s designee.
b.
The coordinator of the office to combat human trafficking.
c.
The director of the law enforcement academy or the director’s designee.
d.
The attorney general or the attorney general’s designee.
e.
The director of health and human services or the director’s designee.
f.
The director of juvenile court services or the director’s designee.
g.
Two judges, each from a different juvenile court in this state.
h.
The following members who shall be appointed by the governor:
(1) The chief of police or head law enforcement official of a city in this state with a population of two hundred thousand or more as determined by the most recent population estimates issued by the United States bureau of census.
(2) The chief of police or head law enforcement official of a city in this state with a population of less than two hundred thousand as determined by the most recent population estimates issued by the United States bureau of census.
(3) A county sheriff.
(4) Two county attorneys who serve on child protection SF 84.1483 (1) 90 -2- as/rh 2/4 assistance teams under section 915.35, subsection 4, paragraph “a”.
(5) Three members of the multidisciplinary team created by the department of health and human services for child abuse investigations.
(6) Six members of the general public who are former human trafficking victims.
(7) A representative of a victim services agency selected by the Iowa coalition against sexual assault.
(8) Two criminal defense attorneys with experience in human trafficking cases.
It shall be unlawful to knowingly purchase or possess a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act.
a.
A visual depiction containing pictorial representations of different minors shall be prosecuted and punished as separate offenses for each pictorial representation of a different minor in the visual depiction.
The members of the task force appointed by the governor shall serve six-year terms, except that of the members first appointed, five shall serve an initial two-year term, five shall serve an initial four-year term, and seven shall serve an initial six-year term.
However, violations of this subsection involving multiple visual depictions of the same minor shall be prosecuted and punished as one offense.
Thereafter, all other appointed members shall serve a six-year term.
A person who commits a violation of this subsection commits an aggravated misdemeanor a class felony for a first offense and a class felony for a second or subsequent offense.
b.
For purposes of this subsection, an offense is considered a second or subsequent offense if, prior to the person's having been convicted under this subsection, any of the following apply;
The governor shall appoint a new member to fill a vacancy that occurs before the end of the term of a member appointed by the governor, and the newly appointed member shall serve for the remaining period of the term.
the person has a prior conviction or deferred judgment under this subsection or has a prior conviction or deferred judgment in another jurisdiction for a substantially similar offense.
c.
The court shall judicially notice the statutes of other states that define offenses substantially similar to the offenses defined in this subsection and that therefore can be considered corresponding statutes.
A member of the task force may be appointed to serve more than one term.
3-i—The person has a prior conviction or deferred judgment under t h i a u b a c c t i o n .
d.
^ — T h e peroon has a prior conviction#—deferred judgment,—or- the equivalent of a deferred judgment in another jurisdiction for an offense substantially similar to the offense defined in this ouboection.—The court ahall judicially notice the statutes of other states that define offenses substantially Senate Pile 84, p.
A member of the task force shall not continue to serve on the task force beyond the date at which the member no longer holds the office, employment, or status by which the member had been eligible to serve on the task force.
4 eimilar t othe o f f e d e f i ni nt h i s s u b s e c tt h a tand thorcforG can bo considered corroaponding statutes.
e.
Sec.
A member of the task force appointed by the governor may be removed from the task force for being absent from three regularly scheduled meetings of the task force during any six-month period.
3.
f.
Section 728.15, subsection 1, paragraph b.
Thirteen members of the task force shall constitute a quorum and the task force shall have the power to act by a majority of the members present at any meeting at which a quorum is present.
Code 2023, is amended to read as follows:
SF 84.1483 (1) 90 -3- as/rh 3/4 4.
b, A person shall not knowingly disseminate obscene material by the use of telephones or telephone facilities to a minor or a law enforcement officer or agent posing as a minor.
The commissioner or the commissioner’s designee shall serve as the chairperson of the task force.
Sec.
4.
Section 901.11, Code 2023, is amended by adding the following new subsection:
NEW SUBSECTION.
6.
At the time of sentencing, the court shall determine when a person convicted of sexual exploitation of a minor as described in section 902.12, subsection 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 6, based upon all pertinent information including the person's criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
Sec.
Section 902.12, Code 2023, is amended by adding the following new subsection:
The commissioner or the commissioner’s designee shall provide the findings and recommendations of the task force to the coordinator of the office to combat human trafficking for inclusion in the annual report submitted by the office to the general assembly pursuant to section 80.45, subsection 3, paragraph “h”.> 3.
NEW SUBSECTION.
Title page, by striking lines 1 and 2 and inserting <An Act relating to sexual exploitation of a minor, establishing a human trafficking task force, and providing penalties.> 4.
6.
By renumbering, redesignating, and correcting internal references as necessary.
A person serving a sentence for a conviction of sexual exploitation of a minor in violation of section 728.12, subsection 1, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person's sentence as determined under section 901.11, subsection 6.
______________________________ LOHSE of Polk SF 84.1483 (1) 90 -4- as/rh 4/4
Sec.
6.
Section 903B.1, Code 2023, is amended to read as f o l l o w s :
903B.1 Special sentence — class '^B" or class '^C" felonies.
A person convicted of a class ^^C" felony or greater offense under chapter 709 or section 728.12, or a class "b" felony under section 713.3, subsection 1, paragraph , or a class ^*C" felony under—section 728.12» shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for the rest of the person's life, with eligibility for parole as provided in chapter 906.
The board of parole shall determine whether the person should be released on parole or placed in a work release program.
The special sentence imposed under this section shall Senate File 84, p.
5 commence upon completion of the sentence imposed under any applicable criminal sentencing provisions for the underlying criminal offense and the person shall begin the sentence under supervision as if on parole or work release.
The person shall be placed on the corrections continuum in chapter 901B, and the terms and conditions of the special sentence, including violations, shall be subject to the same set of procedures set out in chapters 901B, 905, 906, and 908, and rules adopted under those chapters for persons on parole or work release.
The revocation of release shall not be for a period greater than two years upon any first revocation, and five years upon any second or subsequent revocation.
A special sentence shall be considered a category '^A" sentence for purposes of calculating earned time under section 903A.2.
Sec.
7.
Section 907.3, subsection 1, paragraph a.
Code 2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH.
( 1 5 )The Offense is a violation of s e c t i o n 7 2 8 .
1 2 .
Sec.
8.
Section 915.100, subsection 2, Code 2023, is amended by adding the following new paragraph:
NEW PARAGRAPH, j.
In cases where the offender was convicted of sexual exploitation of a minor in violation of section 728.12, subsection 1 or 2, the court shall order restitution under this section in an amount to be determined by the court a sf o l l o w s :
( 1 ) The court shall determine the full amount of the victim's losses that were incurred or are reasonably projected to be incurred by the victim as a result of the sexual exploitation of the victim, but in no case shall such amount be l e s t h at h r t h o u sd o l l a r s .
(2) After completing the determination required under subparagraph (1), the court shall order pecuniary damages in an amount that reflects the offender's relative role in the causal process that underlies the victim's losses, but in no case shall such amount be less than three thousand dollars.
(3) For purposes of this paragraph, in addition to the definition of victim provided in section 915.10, subsection 3, '^victim" means the individual harmed as a result of a commission of a crime under section 728.12.
The legal guardian of the Senate File 84, p.
6 victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the crime victim's rights under this paragraph, but in no event shall the offender be named as a representative or guardian.
D I V I SI IO N S T A L K U T I L I A T E C H N O L OD E V I C E Sec.
9.
Section 692A.102, subsection 1, paragraph a, subparagraph (6), subparagraph division (b).
Code 2023, is a m e n dt or e aa sf o l l o w s :
(b) Stalking in violation of section 708.11, if a determination is made that the offense was sexually motivated pursuant to section 692A.126, except a violation of section 708.11, subsection 3, paragraph subparagraph (3), shall be classified a tier II offense as provided in paragraph Sec.
10.
Section 692A.102, subsection 1, paragraph b, subparagraph (8), Code 2023, is amended to read as follows:
(8) Stalking in violation of section 708.11, subsection 3, paragraph subparagraph (3), if a determination is made that the offense was sexually motivated pursuant to section 9 2 A .
1 2 6 .
Sec.
11.
Section 708.11, subsection 1, paragraph b.
Code 2023, is amended to read as follows:
b, ^Course of conduct*'means repeatedly maintaining a visual or physical proximity to a person without legitimate purpose, repeatedly utilizing a technological device to locate, listen to, or watch a person without authorization or legitimate purpose, or repeatedly conveying oral or written threats, threats implied by conduct, or a combination thereof, directed at or toward a person.
Sec.
12.
Section 708.11, subsection 1, Code 2023, is amended by adding the following new paragraph:
NEW PARAGRAPH, e, ^^Technological device" means any computer, cellular phone, smartphone, digital camera, video camera, audio recording device, global positioning device, or other electronic device that can be used for creating, storing, or transmitting information in the form of electronic data.
Sec.
13.
Section 708.11, subsection 3, Code 2023, is amended t or e aa sf o l l o w s :
Senate File 84, p.
7 3.
a, A person who commits stalking in violation of this section commits a class felony for a third or—subsequent offense.
if any of the following apply;
(1) The person commits stalking while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and the victim, or while subject to restrictions contained in a criminal or civil protective order or injunction, or any other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
(2) The person commits stalking while in possession of a dangerous weapon, as defined in section 702.7.
(3) The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of a g e .
( 4 )The person utilizes a technological device while committing stalking.
( 5 )For a third or subsequent offense.
b-,—A person who commits stalking in violation of this aoction commits a class felony if any of the following apply;
— T h e person commits stalking while subject to restrictions contained in a criminal or civil protoctivG order or injunction^ or any other court order which prohibits contact between the person and the victim# or while subject to restrictions contained in a criminal or civil protective order or injunction or other court order which prohibits contact between the person and another person against whom the person has committed a public offense.
-f-3-)—The person commits stalking while in possession of a dangerous weapon# as defined in section 702.7.
-(-3-)—The person commits stalking by directing a course of conduct at a specific person who is under eighteen years of a g e .
-(-4-)—The offense is a second offense.
b, A person who commits stalking in violation of this section commits a class felony if the offense is a second offense which is not included in paragraph Senate File 84, p.
8 c.A person who commits stalking in violation of this section commits an aggravated misdemeanor if the offense is a first offense which is not included in paragraph AMY SINCL^gil PAT GRASSLE^ President of the SenaSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 84, Ninetieth General Assembly.
W C H AS M I T H S O N Secretary of the Senate Apovd/Iav \\^,2 03 j KirENODS / G o v e r n o r