House Study Bill 746 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR) A BILL FOR An Act relating to human trafficking, including civil statutes 1 of limitations, an annual stakeholder meeting and report, 2 depositions of victims, restitution, restorative facilities 3 and protective services, and investigation and prosecution, 4 and making appropriations. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6348YC (7) 90 as/js
H.F. _____ Section 1. Section 80.45, subsection 3, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . i. Hold an annual meeting of stakeholders to 3 develop legislative proposals to combat human trafficking, and 4 submit a report, by December 15, 2024, and annually thereafter 5 for a period of five years ending with the submission of 6 the report in 2029, to the governor and general assembly. 7 Participants shall include the following: 8 (1) Two members of the senate, one of whom shall be 9 appointed by the majority leader of the senate, and one of whom 10 shall be appointed by the minority leader of the senate. 11 (2) Two members of the house of representatives, one 12 of whom shall be appointed by the speaker of the house of 13 representatives, and one of whom shall be appointed by the 14 minority leader of the house of representatives. 15 (3) A representative of the department of public safety. 16 (4) A representative of the office to combat human 17 trafficking. 18 (5) A representative of the attorney generals office. 19 (6) A representative of the department of health and human 20 services. 21 (7) A representative of juvenile court services. 22 (8) A chief of police or head law enforcement official of a 23 city in this state. 24 (9) A county sheriff. 25 (10) A county attorney who serves on a child protection 26 assistance team under section 915.35, subsection 4, paragraph 27 a . 28 (11) A public defender or criminal law attorney with 29 experience working on human trafficking cases. 30 (12) A member of the public, or the persons legal 31 representative, who is a former human trafficking victim. 32 (13) A representative from the Iowa network against human 33 trafficking. 34 Sec. 2. Section 614.8, subsection 2, Code 2024, is amended 35 -1- LSB 6348YC (7) 90 as/js 1/ 8
H.F. _____ to read as follows: 1 2. Except as provided in section 614.1, subsection 9 , or 2 section 614.8A, the times limited for actions in this chapter , 3 or chapter 216 , 659A , 669 , or 670 , except those brought for 4 penalties and forfeitures, are extended in favor of minors, 5 so that they shall have one year from and after attainment of 6 majority within which to file a complaint pursuant to chapter 7 216 , to make a claim pursuant to chapter 669 , or to otherwise 8 commence an action. 9 Sec. 3. Section 614.8A, Code 2024, is amended to read as 10 follows: 11 614.8A Damages Commencement of action for child or minor 12 sexual abuse or human trafficking time limitation. 13 1. Notwithstanding section 614.8, subsection 2, and the 14 times limited for actions in this chapter, the time to file 15 an action related to sexual abuse or human trafficking that 16 occurred when the injured person was a minor is extended to 17 five years beyond the minors attainment of eighteen years of 18 age. 19 2. An In addition to the extension of the time provided in 20 subsection 1, an action for damages for injury suffered as a 21 result of sexual abuse which or human trafficking that occurred 22 when the injured person was a child, but not discovered until 23 after the injured person is of the age of majority, shall 24 be brought within four five years from the time of discovery 25 by the injured party of both the injury and the causal 26 relationship between the injury and the sexual abuse or human 27 trafficking . 28 Sec. 4. NEW SECTION . 710A.8 Deposition of a victim of human 29 trafficking. 30 1. For the purposes of this section, video deposition 31 means the recording of video, with sound, of witness testimony 32 made under oath to be entered in the record in a judicial 33 proceeding. 34 2. In any criminal prosecution under this chapter, the 35 -2- LSB 6348YC (7) 90 as/js 2/ 8
H.F. _____ court, upon motion of the county attorney or attorney general, 1 for good cause shown and after notice to the defendant, may 2 order the taking of a video deposition of a victim of human 3 trafficking without regard to the age of the victim. 4 3. On any motion for a video deposition of the victim, the 5 court shall consider the nature of the offense, the nature of 6 testimony that may be expected, and the possible effect that 7 the testimony in person at trial may have on the victim. 8 4. During the recording of a video deposition authorized 9 pursuant to this section, the following persons may be in the 10 room with the victim: 11 a. The prosecuting attorney. 12 b. The attorney for the defendant. 13 c. A person whose presence, in the judgment of the court, 14 contributes to the well-being of the victim and who has dealt 15 with the victim in a therapeutic setting regarding the abuse, 16 excluding staff, employees, or subcontractors, or experts 17 employed or contracted by the prosecution. 18 d. Additional persons, other than the defendant, in the 19 discretion of the court. 20 5. Examination and cross-examination of the victim shall 21 proceed at the taking of the video deposition as though the 22 victim was testifying personally in the trial of the case. 23 The state shall provide the attorney for the defendant with 24 a copy of the video deposition at a suitable and reasonable 25 time prior to the trial of the case. The court, except upon 26 motion of the attorney for the defendant, and upon good cause 27 shown to disclose the video to certain specified individuals, 28 shall enter a protective order prohibiting the attorney for the 29 defendant from copying, reproducing, or distributing the video 30 deposition. Objections to the introduction into the record of 31 the deposition shall be heard by the judge in whose presence 32 the deposition was taken, and unless the court determines that 33 its introduction in lieu of the victims actual appearance as 34 a witness at the trial will unfairly prejudice the defendant, 35 -3- LSB 6348YC (7) 90 as/js 3/ 8
H.F. _____ the video deposition shall be entered into the record by the 1 state in lieu of the direct testimony of the victim and shall 2 be viewed and heard at the trial of the case. 3 6. All costs associated with the recording of a deposition 4 ordered pursuant to this section shall be paid by the state. 5 7. All recordings of video depositions ordered pursuant to 6 this section shall be subject to any protective order of the 7 court for the purpose of protecting the privacy of the victim 8 of the offense. 9 8. A video recording of a deposition shall be kept as other 10 evidence and shall be held until the defendant is acquitted or 11 is released from the custody of the department of corrections. 12 A defendant may pay to have the recording retained for an 13 additional period of time. 14 9. Only the court, the prosecuting attorney, and the 15 attorney for the defendant may question the victim. During the 16 testimony of the victim, the defendant shall be provided access 17 to view the testimony by closed circuit television or other 18 electronic method out of the presence of the victim and shall 19 be allowed to communicate with the defendants attorney by any 20 appropriate method. 21 Sec. 5. Section 910.1, subsections 1 and 2, Code 2024, are 22 amended to read as follows: 23 1. Category A restitution means fines, penalties, the 24 payment of crime victim compensation program reimbursements, 25 and surcharges. 26 2. Category B restitution means the contribution of 27 funds to a local anticrime organization which that provided 28 assistance to law enforcement in an offenders case, the 29 payment of crime victim compensation program reimbursements, 30 payment of restitution to public agencies pursuant to 31 section 321J.2, subsection 13 , paragraph b , court costs, 32 court-appointed attorney fees ordered pursuant to section 33 815.9 , including the expense of a public defender, and payment 34 to the medical assistance program pursuant to chapter 249A for 35 -4- LSB 6348YC (7) 90 as/js 4/ 8
H.F. _____ expenditures paid on behalf of the victim resulting from the 1 offenders criminal activities including investigative costs 2 incurred by the Medicaid fraud control unit pursuant to section 3 249A.50 . 4 Sec. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES 5 RESTORATION FACILITIES. The department of health and human 6 services shall develop a plan to increase the availability 7 of restoration facilities and protective services available 8 to juvenile victims of human trafficking, including juvenile 9 victims who are not, at the time of victimization, either 10 a child in need of assistance or otherwise involved in 11 the juvenile court system. The department shall consider 12 developing a network with other states to provide housing 13 outside of the state for victims at risk of returning to the 14 person involved in the victims trafficking. The department of 15 health and human services shall present a report detailing the 16 plan to the governor and the general assembly by December 15, 17 2024. 18 Sec. 7. OFFICE OF THE ATTORNEY GENERAL HUMAN TRAFFICKING 19 APPROPRIATION. There is appropriated from the general fund 20 of the state to the office of the attorney general for the 21 fiscal year beginning July 1, 2024, and ending June 30, 2025, 22 the following amount, or so much thereof as is necessary, to be 23 used for the purposes designated: 24 For the creation of a joint unit involving the attorney 25 generals office, and the Iowa office to combat human 26 trafficking within the division of intelligence and fusion 27 center of the department of public safety, for the purpose of 28 investigating and prosecuting human trafficking cases: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanations substance by the members of the general assembly. 33 This bill relates to human trafficking, including civil 34 statutes of limitations, an annual stakeholder meeting and 35 -5- LSB 6348YC (7) 90 as/js 5/ 8
H.F. _____ report, depositions of victims, restitution, restorative 1 facilities and protective services, and investigation and 2 prosecution. 3 The bill directs the office to combat human trafficking 4 within the department of public safety to hold an annual 5 meeting of stakeholders to develop legislative proposals to 6 combat human trafficking, and submit a report to the governor 7 and general assembly by December 15, 2024, and annually 8 thereafter for five years until the submission of the report in 9 2029. The bill specifies the participants in the meeting. 10 The bill increases the statute of limitations for commencing 11 an action for sexual abuse or human trafficking of a minor or 12 child to five years after the victim has attained 18 years of 13 age. 14 The bill provides that in any criminal prosecution under 15 Code chapter 710A (human trafficking), the court, upon motion 16 of the county attorney or attorney general, for good cause 17 shown and after notice to the defendant, may order the taking 18 of a video deposition of a victim of human trafficking without 19 regard to the age of the victim. The court shall consider the 20 nature of the offense, the nature of testimony that may be 21 expected, and the possible effect that the testimony in person 22 at trial may have on the victim. 23 The bill provides that during the recording of a video 24 deposition, the following persons may be in the room with 25 the victim: the prosecuting attorney; the attorney for the 26 defendant; a person whose presence, in the judgment of the 27 court, contributes to the well-being of the victim and who 28 has dealt with the victim in a therapeutic setting regarding 29 the abuse, excluding staff, employees, or subcontractors, 30 or experts employed or contracted by the prosecution; and 31 additional persons, other than the defendant, in the discretion 32 of the court. 33 The bill provides that examination and cross-examination of 34 the victim shall proceed at the taking of the video deposition 35 -6- LSB 6348YC (7) 90 as/js 6/ 8
H.F. _____ as though the victim was testifying personally in the trial 1 of the case. The state shall provide the attorney for the 2 defendant with a copy of the video deposition prior to the 3 trial of the case. Objections to the introduction into 4 the record of the deposition shall be heard by the judge in 5 whose presence the deposition was taken, and unless the court 6 determines that its introduction in lieu of the victims actual 7 appearance as a witness at the trial will unfairly prejudice 8 the defendant, the video deposition shall be entered into the 9 record by the state in lieu of the direct testimony of the 10 victim and shall be viewed and heard at the trial of the case. 11 Only the court, the prosecuting attorney, and the attorney for 12 the defendant may question the victim. During the testimony 13 of the victim, the defendant shall be provided access by 14 closed circuit television or other electronic means to view 15 the testimony out of the presence of the victim and shall be 16 allowed to communicate with the defendants attorney by any 17 appropriate method. 18 Current law provides that category A restitution 19 means fines, penalties, and surcharges, and category B 20 restitution means the contribution of funds to a local 21 anticrime organization which provided assistance to law 22 enforcement in an offenders case, the payment of crime 23 victim compensation program reimbursements, payment of 24 restitution to public agencies pursuant to Code section 25 321J.2(13)(b) (operating while under the influence), court 26 costs, court-appointed attorney fees, and payment to the 27 medical assistance program. 28 The bill provides that the payment of crime victim 29 compensation program reimbursements is category A 30 restitution. 31 The bill directs the department of health and human services 32 to develop a plan to increase the availability of restoration 33 facilities and protective services available to juvenile 34 victims of human trafficking, including juvenile victims who 35 -7- LSB 6348YC (7) 90 as/js 7/ 8
H.F. _____ are not, at the time of victimization, either a child in need 1 of assistance or otherwise involved in the juvenile court 2 system. The department shall consider developing a network 3 with other states to provide housing outside of the state for 4 victims at risk of returning to the person involved in the 5 victims trafficking. A report detailing the plan shall be 6 presented to the governor and the general assembly by December 7 15, 2024. 8 The bill appropriates from the general fund of the state 9 to the office of the attorney general for the fiscal year 10 beginning July 1, 2024, and ending June 30, 2025, $750,000 to 11 be used for the purpose of creating a joint unit involving the 12 attorney generals office, and the Iowa office to combat human 13 trafficking within the division of intelligence and fusion 14 center of the department of public safety, for the purpose of 15 investigating and prosecuting human trafficking cases. 16 -8- LSB 6348YC (7) 90 as/js 8/ 8