Bill Summary – FastDemocracy

House File 406 - Introduced
                                  HOUSE FILE 406
                                  BY M. THOMPSON, HAYES,
                                      THOMSON, FISHER,
                                      STOLTENBERG, SHERMAN,
                                      OSMUNDSON, HENDERSON,
                                      BRADLEY, DIEKEN, GEHLBACH,
                                      CARLSON, GERHOLD, JOHNSON,
                                      DUNWELL, RINKER, SHIPLEY,
                                      HOLT, and DETERMANN
                            A BILL FOR
An Act relating to human trafficking and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 710A.2, Code 2023, is amended to read as
 follows:
    710A.2 Human trafficking.
    1. A person who knowingly engages in human trafficking is
 guilty of a class “D” “B” felony, except that if the victim is
 under the age of eighteen, the person is guilty of a class “C”
 “A” felony.
    2. A person who knowingly engages in human trafficking by
 causing or threatening to cause serious physical injury to
 another person is guilty of a class “C” “A” felony, except
 that if the victim is under the age of eighteen, the person is
 guilty of a class “B” felony.
    3. A person who knowingly engages in human trafficking by
 physically restraining or threatening to physically restrain
 another person is guilty of a class “D” “B” felony, except
 that if the victim is under the age of eighteen, the person is
 guilty of a class “C” “A” felony.
    4. A person who knowingly engages in human trafficking by
 soliciting services or benefiting from the services of a victim
 is guilty of a class “D” “B” felony, except that if the victim
 is under the age of eighteen, the person is guilty of a class
 “C” “A” felony.
    5. A person who knowingly engages in human trafficking by
 abusing or threatening to abuse the law or legal process is
 guilty of a class “D” “B” felony, except that if the victim is
 under the age of eighteen, the person is guilty of a class “C”
 “A” felony.
    6. A person who knowingly engages in human trafficking by
 knowingly destroying, concealing, removing, confiscating, or
 possessing any actual or purported government identification of
 another person is guilty of a class “D” “B” felony, except if
 that other person is under the age of eighteen, the person is
 guilty of a class “C” “A” felony.
    7. A person who benefits financially or by receiving
 anything of value from knowing participation in human
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                                H.F. 406
 trafficking is guilty of a class “D” “B” felony, except that if
 the victim is under the age of eighteen, the person is guilty
 of a class “C” “A” felony.
    8. A person who knowingly engages in human trafficking
 by knowingly providing or facilitating the provision of a
 forged, altered, or fraudulent license purportedly issued
 pursuant to chapter 152C or 157, or a forged, altered, or
 fraudulent government identification to another person, to
 force, coerce, entice, assist, facilitate, or permit the other
 person to perform labor or services is guilty of an aggravated
 misdemeanor a class “D” felony, except if that other person is
 under the age of eighteen, the person is guilty of a class “D”
 “B” felony.
    9. A person who knowingly engages in human trafficking
 by knowingly forcing, coercing, enticing, assisting,
 facilitating, or permitting another person in possession of
 a forged, altered, or fraudulent license purportedly issued
 pursuant to chapter 152C or 157, or a forged, altered, or
 fraudulent government identification, to produce such license
 or government identification upon request of a peace officer
 pursuant to section 152C.5B or 157.4A, is guilty of an
 aggravated misdemeanor a class “D” felony, except if that other
 person is under the age of eighteen, the person is guilty of a
 class “D” “B” felony.
    10. A person’s ignorance of the age of the victim or
 a belief that the victim was older is not a defense to a
 violation of this section.
    11. A person who is found guilty, or who enters a plea of
 guilty, receives a deferred judgment, or receives a deferred or
 suspended sentence for to a violation of this chapter shall be
 ineligible for a license pursuant to chapter 152C or 157 for a
 period of not less than five years from the date of conviction,
 plea, judgment, or sentence.
    12. A person who is sentenced under the provisions of this
 section shall not be eligible for a deferred judgment or a
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                                         H.F. 406
 deferred or suspended sentence.
    Sec. 2. Section 907.3, subsection 1, paragraph a, Code 2023,
 is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH. (15) The offense is a violation of
 section 710A.2.
    Sec. 3. Section 907.3, subsection 2, paragraph a, Code 2023,
 is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH. (9) The offense is a violation of section
 710A.2.
    Sec. 4. Section 907.3, subsection 3, Code 2023, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. h. A sentence imposed pursuant to section
 710A.2.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to human trafficking.
    Current law provides for penalties for a human trafficking
 crime committed in violation of Code section 710A.2 ranging
 from an aggravated misdemeanor to a class “C” felony depending
 on the elements of the crime alleged and the age of the
 victim. Current law also allows for a deferred judgment or a
 deferred or suspended sentence for a person who commits a human
 trafficking crime.
    The bill increases the penalties imposed for a human
 trafficking crime listed in Code section 710A.2. The penalties
 imposed range from a class “D” felony to a class “A” felony.
 The bill provides that a person who is sentenced for a human
 trafficking crime shall not be eligible for a deferred judgment
 or a deferred or suspended sentence.
    The bill provides that a person who knowingly engages in
 human trafficking is guilty of a class “B” felony, except
 that if the victim is under the age of 18, the person is
 guilty of a class “A” felony. If the offense involves causing
 or threatening to cause serious physical injury to another
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                                H.F. 406
 person, the person is guilty of a class “A” felony. A person
 who knowingly engages in human trafficking by physically
 restraining or threatening to physically restrain another
 person is guilty of a class “B” felony, except that if the
 victim is under the age of 18, the person is guilty of a class
 “A” felony.
    The bill provides that a person who knowingly engages in
 human trafficking who solicits services or benefits from the
 services of a victim is guilty of a class “B” felony, except
 that if the victim is under the age of 18, the person is guilty
 of a class “A” felony. A person who knowingly engages in
 human trafficking who abuses or threatens to abuse the law or
 legal process is guilty of a class “B” felony, except that if
 the victim is under the age of 18, the person is guilty of a
 class “A” felony. A person who knowingly engages in human
 trafficking by knowingly destroying, concealing, removing,
 confiscating, or possessing any actual or purported government
 identification of another person is guilty of a class “B”
 felony, except that if the other person is under the age of
 18, the person is guilty of a class “A” felony. A person who
 benefits financially or by receiving anything of value from
 knowing participation in human trafficking is guilty of a class
 “B” felony, except that if the victim is under the age of 18,
 the person is guilty of a class “A” felony.
    A person who knowingly engages in human trafficking by
 knowingly providing or facilitating the provision of a forged,
 altered, or fraudulent license, or a forged, altered, or
 fraudulent government identification to another person, to
 force, coerce, entice, assist, facilitate, or permit the other
 person to perform labor or services or to produce such license
 or government identification upon request of a peace officer is
 guilty of a class “D” felony, except that if the other person
 is under the age of 18, the person is guilty of a class “B”
 felony.
    A class “A” felony is punishable by confinement for
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                               H.F. 406
 life without possibility of parole. A class “B” felony is
 punishable by confinement for no more than 25 years. A class
 “C” felony is punishable by confinement for no more than 10
 years and a fine of at least $1,370 but not more than $13,660.
 A class “D” felony is punishable by confinement for no more
 than five years and a fine of at least $1,025 but not more than
 $10,245.
    The bill makes conforming Code changes relating to deferred
 judgments, and deferred or suspended sentences.
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Statutes affected: 
Introduced: 710A.2, 152C.5B, 907.3