5337XD — Criminal Procedure, Human Trafficking and Guardians Ad Litem (5337XD) - Attorney General

Bill Text

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes new regulations regarding parole eligibility for human trafficking offenders, expands the definition of 'victim' and 'victim counselor', and requires guardian ad litem appointments for prosecuting witnesses with mental disabilities.

• Section 901.11

  NEW SUBSECTION . 7. At the time of sentencing, the court shall determine when a person convicted of human trafficking as described in section 902.12, subsection 7, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 7, 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.

  This addition requires courts to establish parole eligibility parameters for human trafficking offenders during sentencing.

• Section 902.12

  NEW SUBSECTION . 7. A person serving a sentence for a conviction of human trafficking punishable as a class “B” felony in violation of section 710A.2, subsection 1, 3, 4, 5, 6, 7, 8, or 9, 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 7.

  This mandates that individuals convicted of certain human trafficking felonies serve a substantial portion of their sentence before becoming eligible for parole or work release.

• Section 915.20A

  c. “Victim” means a person who consults a victim counselor for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a violent crime committed against the person. “Victim” includes a person subjected to human trafficking.

  This expands the definition of 'victim' to specifically include those subjected to human trafficking.

• Section 915.20A

  d. “Victim counselor” means a person who is engaged in a crime victim center, is certified as a counselor by the crime victim center, and is under the control of a direct services supervisor of a crime victim center, whose primary purpose is the rendering of advice, counseling, and assistance to the victims of crime. To qualify as a “victim counselor” under this section, the person must also have completed at least twenty hours of training provided by the center in which the person is engaged, by the Iowa organization of victim assistance, by the Iowa coalition against sexual assault, or by the Iowa coalition against domestic violence, which shall include but not be limited to, the dynamics of victimization, substantive laws relating to violent crime, human trafficking, sexual assault, and domestic violence, crisis intervention techniques, communication skills, working with diverse populations, an overview of the state criminal justice system, information regarding pertinent hospital procedures, and information regarding state and community resources for victims of crime.

  This modifies the definition of 'victim counselor' to include specific training on human trafficking and other relevant areas.

• Section 915.37

  a. A prosecuting witness who is a child or who has a mental disability in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings arising from such violation.

  This changes law to grant guardian ad litem appointment rights to prosecuting witnesses with mental disabilities, ensuring they are represented in legal proceedings.

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