HF1036: Human Trafficking

Strengthens Iowa’s response to human trafficking by requiring annual stakeholder meetings for the next five years to develop legislative proposals to combat human trafficking (report due annually on 12/1).  Defines “commercial sexual exploitation” to juvenile justice code section. Establishes new screening and referral protocols for children potentially subject to commercial sexual exploitation (when referred for child abuse or during intake for juvenile delinquency). Extends some civil statute of limitations for sexual assault and adds human trafficking.  Minors will have up to five years after turning age 18 to file a civil action (or up to five years following the discovery of the sexual assault/human trafficking, if they were adult when they realized it happened). Gives more discretion to prosecutors to allow them to waive arrest and prosecution of a victim of human trafficking and instead refer them to Iowa HHS as a “child in need of assistance.” Moves victim compensation orders in human trafficking cases up to “category A,” which means they will be paid first before other restitution (this was done in the victim rights bill below for all other sexual assault and domestic violence cases). Finally, the bill directs the Iowa HHS to develop a plan for increased restoration facilities, and clarifies that minors engaged in sex work are not to be prosecuted but referred for protective services.

Key Points & Impacts

• Creates an annual stakeholder meeting and report to the governor and legislature on human trafficking, involving representatives from law enforcement, legal, advocacy, and survivor communities.

• Defines 'commercial sexual exploitation' and mandates that all juvenile complaints must be screened with a standardized human trafficking indicator list, and if indicators are present, children must be further screened using evidence-based, trauma-informed tools.

• Requires the Department of Health and Human Services to screen all children subject to child abuse allegations for commercial sexual exploitation using trauma-informed tools.

• Extends the civil statute of limitations for actions related to child sexual abuse or human trafficking from one year to five years after reaching majority, and from four to five years after discovery of injury for adults.

• Expands the definition of human trafficking to include 'patronizing' and 'soliciting.'

• Prohibits prosecution or charging of minors under 18 engaged in prostitution, instead requiring referral to protective services and/or temporary custody.

• Modifies restitution categories by moving crime victim compensation program reimbursements from 'Category B' to 'Category A' and clarifies eligible restitution recipients.

• Directs the Department of Health and Human Services to develop a plan (with nonprofit input) to increase restoration facilities and protective services for juvenile trafficking victims, including those not involved in the court system, and to report to the governor and legislature by December 15, 2025.