Judiciary Committee – Week 6, 2021


SF 104 – Iowa Law Enforcement Academy and Veterans’ Benefits

SF 104 directs the Iowa Law Enforcement Academy (ILEA) to amend its administrative rules to require that the Academy’s courses of study and training programs meet the requirements of nondegree programs under the Post-9/11 Veterans Educational Assistance Act of 2008; and the Iowa Law Enforcement Academy must apply to the Iowa Department of Education for approval of the Academy’s course of study and training programs as nondegree programs under the Post-9/11 Veterans Educational Assistance Act of 2008. This would entitle certain service members and veterans to use funds appropriated under this Act to help with the tuition and costs of attending the Iowa Law Enforcement Academy.

Under current law, the agency hiring a law enforcement officer, the officer and the state each pay one-third of the costs of attending the Law Enforcement Academy. However, the law enforcement agency usually pays two-thirds of the cost, covering the officer’s cost.
[2/16: short form (Absent: Shipley)]

SF 245 – Name, Image and Likeness Compensation for College Athletes

SF 245 prohibits a postsecondary educational institution from enforcing any rule, requirement, standard or other limitation that would penalize or prevent a college athlete enrolled at the institution from fully participating in intercollegiate athletics and earning compensation for the use of the athlete’s name, image or likeness rights, or athletic reputation.

  • An athlete’s financial aid eligibility or other benefit that an athlete is eligible for will not be affected.
  • An athlete may engage professional representation and the school may not interfere.
  • No contract with a college athlete may interfere with the athlete’s mandatory team activities.
  • Any contract must be disclosed to a designated official of the school. The terms of the contract may not be further disclosed by the school
  • The State Treasurer will establish a certification process by rule to certify those who may represent college athletes in their negotiations.
  • The bill is effective upon enactment.
    [2/16: short form (Absent: Shipley)]

SF 246 – Massage Therapy, Cosmetology and Human Trafficking

SF 246 relates to a statewide effort to stop human trafficking that is happening under the guise of the offer of massage therapy and cosmetology services.

The bill:

  • Requires that any person who claims to be licensed in massage therapy or cosmetology present a copy of their professional license and a government issued ID upon the request of any peace officer investigating a complaint of illegal services. Failure to provide these documents is a serious misdemeanor.
  • Any advertisement or announcement to the public advertising massage therapy services or cosmetology services that falsely represents that a person or another person is licensed, or offers services that violate state law is a serious misdemeanor.
  • Adds a definition of “forced labor services” to include knowingly providing or facilitating the provision of a forged, altered or fraudulent license, or government-issued ID to facilitate or force, etc. another person to perform labor services or for the purpose of presenting such documents to law enforcement.
  • Adds a definition of “forced labor services” to include knowingly forcing another person to do an act in violation of state or federal law through debt bondage or servitude, or as a condition of staying in the U.S.
  • A person who knowingly engages in human trafficking by providing fraudulent documents to another to facilitate forced labor services or to provide the documents to a peace officer is guilty of an aggravated misdemeanor. If the other person is a minor, it’s a “D” felony.
  • It’s a “D” felony for any person who controls any building or structure to knowingly allow the building or structure to be used for human trafficking.
  • It’s a serious misdemeanor when a person in control of a building or structure fails to cooperate with a law enforcement agency investigating unauthorized massage therapy or cosmetology services.
  • Establishes a definition of “restorative expenses” for the purpose of restitution that a person convicted of human trafficking must to pay to victims of human trafficking.
    [2/16: short form (Absent: Shipley)]

SSB 1189 – NonSubstantive Code Editor’s Bill

SSB 1189 is the bill commonly referred to as the Nonsubstantive Code Editor’s bill. This bill is submitted each year by the Iowa Code Editor to the Judiciary Committees to make Code changes that generally exceed the Code Editor’s authority to make editorially, but that are considered to be nonsubstantive and noncontroversial in nature. In some cases, the changes are within the Code Editor’s authority but are significant enough that public notice of the changes by means of this bill is considered to be important.
[2/16: short form (Absent: Shipley)

HF 199 – Parenting Time

HF 199 replaces the term “visitation” with the term “parenting time” throughout the Code relating to the right of a parent to spend time with their children.
[2/16: short from (Absent: Shipley)]


SF 343 -Access to Certain Confidential Records by DOC, CBC, and Board of Parole Staff

SF 343 comes from the Iowa Department of Corrections. It is a fix to ensure that the Department of Corrections staff, Community Based Corrections staff and Board of Parole staff have statutory authorization to access confidential information regarding offenders.

The bill provides that employees of the Department of Corrections and employees of the Judicial Community Based Corrections Districts have access to certain confidential information when authorized by the respective directors. This includes:

  • Substance abuse diagnosis and treatment commitment information records
  • Mental health information
  • Confidential arrest warrant information
  • Presentence investigation reports

Employees of the Board of Parole will also have access to presentence investigation reports when authorized by the chair or a member of the board.
[2/17: 48-0 (Excused: Hogg, Nunn)]

HF 231 – Special Sentence for Sex Abuse Committed During a Burglary

HF 231 comes from the County Attorneys Association and is intended to ensure that the sentence for a person who pleads guilty to or is convicted of sex abuse committed during a burglary, a class “B” felony, includes a sex offender special sentence. A special sentence for sex offenders requires that after an individual serves the sentence for the underlying crime, the individual will then be placed on parole for supervision by Community Based Corrections, in this case, for life. The County Attorneys Association believes this crime was intended to be included in the crimes that would require a sex offender special sentence. An example of why this should require a special sentence is that current law requires a special sentence if a person is sexually assaulted outside of their home; therefore, they argue, it should be the same when a person is sexually assaulted inside their home.
[2/17: 49-0 (Excused: Nunn)]