HSB 746

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 years of age. 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. _____ 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.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. _____ are not, at the time of victimization, either a child in need of assistance or otherwise involved in the juvenile court system. The department 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, 2024. The bill appropriates from the general fund of the state to the office of the attorney general for the fiscal year beginning July 1, 2024, and ending June 30, 2025, $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.