Bill > HF452

Introduced Session

This bill relates to human trafficking, including civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution. The bill directs the office to combat human trafficking within the department of public safety to hold an annual meeting of stakeholders to develop legislative proposals to combat human trafficking, and submit a report to the governor and general assembly by December 15, 2025, and annually thereafter for five years until the submission of the report in 2030. The bill specifies the participants in the meeting. The bill increases the statute of limitations for commencing an action for sexual abuse or human trafficking of a minor or child to five years after the victim has attained 18 years of age. The bill defines “commercial sexual exploitation” as causing a child, by force, fraud, or coercion, to engage in sex or sexually explicit activities for money, goods, services, or the promise of money, goods, or services. The bill requires the juvenile court or the court’s designee to order a child screened for exploitation when the court receives a complaint alleging that the child committed a delinquent act. The bill requires the department of health and human services (HHS) to screen a child for exploitation if HHS determines a report it receives alleging child abuse constitutes a child abuse allegation. The bill requires the juvenile court to order a substance use disorder screening of a child prior to the final disposition of the child’s case. The bill provides that the time limitations for actions are extended in favor of minors so that they have five years from reaching the age of majority to make a claim. The bill provides that in any criminal prosecution under Code chapter 710A (human trafficking), the court, upon motion of the county attorney or attorney general, for good cause shown and after notice to the defendant, may order the taking of a video deposition of a victim of human trafficking without regard to the age of the victim. The court shall consider the nature of the offense, the nature of testimony that may be expected, and the possible effect that the testimony in person at trial may have on the victim. The bill provides that during the recording of a video deposition, the following persons may be in the room with the victim: the prosecuting attorney; the attorney for the defendant; a person whose presence, in the judgment of the court, contributes to the well-being of the victim and who has dealt with the victim in a therapeutic setting regarding the abuse, excluding staff, employees, or subcontractors, or experts employed or contracted by the prosecution; and additional persons, other than the defendant, in the discretion of the court. The bill provides that examination and cross-examination of the victim shall proceed at the taking of the video deposition as though the victim was testifying personally in the trial of the case. The state shall provide the attorney for the defendant with a copy of the video deposition prior to the trial of the case. Objections to the introduction into the record of the deposition shall be heard by the judge in whose presence the deposition was taken, and unless the court determines that its introduction in lieu of the victim’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the video deposition shall be entered into the record by the state in lieu of the direct testimony of the victim and shall be viewed and heard at the trial of the case. Only the court, the prosecuting attorney, and the attorney for the defendant may question the victim. During the testimony of the victim, the defendant shall be provided access by closed circuit television or other electronic means to view the testimony out of the presence of the victim and shall be allowed to communicate with the defendant’s attorney by any appropriate method. The bill provides that if a person who sells or offers for sale the person’s services as a partner in a sex act is under the age of 18, the county attorney may elect, in lieu of filing a petition alleging that the person has committed a delinquent act, that the person shall not be arrested, charged, or prosecuted for the offense, but instead may be taken into temporary custody under Code section 232.78 or 232.79 or shall be referred to HHS for the possible filing of a petition alleging that the person is a child in need of assistance. Current law provides that “category “A” restitution” means fines, penalties, and surcharges, and “category “B” restitution” means the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to Code section 321J.2(13)(b) (operating while under the influence), court costs, court-appointed attorney fees, and payment to the medical assistance program. The bill provides that the payment of crime victim compensation program reimbursements is category “A” restitution. The bill directs HHS to develop a plan in consultation with nonprofit service providers who provide restoration services to victims of human trafficking to increase the availability of restoration facilities and protective services available to juvenile victims of human trafficking, including juvenile victims who are not, at the time of victimization, either a child in need of assistance or otherwise involved in the juvenile court system. HHS shall consider developing a network with other states to provide housing outside of the state for victims at risk of returning to the person involved in the victim’s trafficking. A report detailing the plan shall be presented to the governor and the general assembly by December 15, 2025. The bill appropriates from the general fund of the state to the office of the attorney general for the fiscal year beginning July 1, 2025, and ending June 30, 2026, $750,000 to be used for the purpose of creating a joint unit involving the attorney general’s office, and the Iowa office to combat human trafficking within the division of intelligence and fusion center of the department of public safety, for the purpose of investigating and prosecuting human trafficking cases, collecting and analyzing human trafficking data, evaluating the effectiveness of state-funded initiatives to combat human trafficking, and working with state agencies to report data on human trafficking investigations and prosecutions.

AI Summary

Committee Categories

Brian Lohse (R)*, 

Withdrawn. H.J. 1219. (on 05/14/2025)

Official Document