Judiciary Committee – Week 16, 2021


SF 562 – Sexual exploitation by an adult providing training or instruction

SF 562 adds an “adult providing training or instruction” to the individuals who can be charged with sexual abuse or sexual exploitation under 614.1, sexual exploitation by a counselor, therapist or school employee. The legislation will apply to any non-school employee age 18 or over who provides paid training or instruction to a minor and is at least four or more years older than the minor receiving the training or instruction. The charge will only apply to an offense that occurs within the time the adult providing training or instruction was receiving payment for the training or instruction.

It will be sexual exploitation by an adult, as defined in the bill, who provides paid training or instruction when there is a pattern or practice or scheme of conduct or any sexual conduct with a minor for the purpose of arousing or satisfying the sexual desires of the adult or the minor. Sexual conduct includes:

  • Kissing
  • Touching of the clothed or unclothed inner thigh, breast, buttock, anus, pubes or genitals
  • A sex act as defined in Code section 702.17

If the adult engages in a pattern or practice or scheme of conduct to engage in any of the conduct described in the bill, the penalty is a “D” felony. If the adult engages in any of the conduct with the minor, the penalty is an aggravated misdemeanor.

The House amended the bill by removing extraneous language that didn’t change the substance of the bill, then sent the bill back to the Senate. The Senate amended the House amendment by adding language that removes the criminal statute of limitation relating to child sex abuse. The current statute for most sex crimes against minors is 15 years after the minor turns 18. The amendment completely removes any statute of limitation for sex crimes against minors.
[4/28: 48-0 (Absent: Nunn, Schultz)]

HF 201 – Sex Offender Registry requirements and sexually motivated extortion

HF 201 comes from the Iowa County Attorneys Association and relates to the sex offender registration. The bill:

  • Makes sexually motivated extortion a Tier III sex offense for purposes of the sex offender registry. The determination as to whether extortion is sexually motivated is made by a jury or the judge.
  • Requires a sex offender who is registered in another state but resides, works or attends school in Iowa to register as a sex offender in Iowa under the other state’s duration requirements or under Iowa’s duration requirements, whichever is longer.
    [4/28: 47-0 (Absent: Hogg, Nunn, Schultz)]

HF 365 – Service of Notice of Garnishment

HF 365 provides that a sheriff may serve a garnishee the notice of garnishment by electronic means in addition to the options of personal service, certified mail service or first-class mail. The garnishee may return service in the same manner, and is to submit the answers to the notice of garnishment within 21 days of service. This bill comes from the Sheriffs and Deputies Association. The Senate adopted an amendment which says that when a sheriff sends a notice of garnishment to a garnishee in a different county, the sheriff must notify the sheriff of the garnishee’s county as well.
[4/28: 48-0 (Absent: Nunn, Schultz)]

HF 452 – Human trafficking and practice of massage therapy, cosmetology

HF 452 relates to a statewide effort to stop human trafficking that is happening under the guise 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 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 will be an affirmative defense to any of the crimes established in the bill that the defendant is a victim of human trafficking.

Establishes a definition of “restorative expenses” for the purpose of restitution that a person convicted of human trafficking must pay to victims of human trafficking.

The House refused to accept a Senate amendment that eliminated language that would have made a person who controls a building or structure, etc., subject to criminal penalties if they refuse to cooperate with law enforcement when there is an investigation into the illegal practice of massage therapy or cosmetology. The Senate voted to recede from that amendment.
[4/28: 48-0 (Absent: Nunn, Schultz)]

HF 757 – Drivers Licenses and Ignition Interlock Devices

HF 757 comes from the Iowa Peace Officers Association. According to the organization, this bill will improve compliance with certain driver’s license restrictions imposed on those with OWIs (Operating While Intoxicated) and other offenses.

The bill does the following:

  • Requires an ignition interlock device (IID) to be installed only on vehicles operated by a first-time OWI offender. Current law requires that ignition interlock devices be installed on all vehicles OWNED or operated by the offender. The cost of installing devices on all vehicles owned or operated is a disincentive to compliance.
  • Allows those caught driving with a suspended or revoked driver’s license to be eligible for a temporary restricted license (TRL). Under current law, if a person is caught driving with a suspended, barred, revoked, etc., license, the Department of Transportation must extend the period of suspension, revocation, etc., for a like period of time and not issue a temporary restricted license. This bill will allow these individuals to get a temporary restricted license.
    [4/28: 48-0 (Absent: Nunn, Schultz)]