Several Anti-Trafficking Bills Pass the Legislature Including Safe Harbor – Network Against Human Trafficking and Slavery

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Several Anti-Trafficking Bills Pass the Legislature Including Safe Harbor

Below is a final report on the outcome of the 2023 Iowa Legislature. As you may recall, the 2023 legislation started with eight human trafficking bills. Of those bills, four human trafficking-related bills were approved and sent to the Governor. What follows is a description of each bill.

Increased Criminal Penalties for Human Trafficking was signed by the Governor May 16

Fighting human trafficking from a different angle, HF 630 increases the number of criminal penalties relating to the facilitation of human trafficking. The current Iowa code states many of these crimes are class D felonies, HF 630 increases them to class B felonies, or class A felonies for the trafficking of children. The bill also states a person sentenced to a human trafficking crime is ineligible for deferred judgment or a suspended sentence. This bill was passed unanimously by members of the House and Senate, and the governor signed the bill on May 16, 2023. The governor made the following statement about the bill, “Human trafficking is a vile form of modern-day slavery and in Iowa, we won't tolerate it. The bill signed today increases penalties for both labor and sex trafficking and criminals found guilty of trafficking children under 18 will serve up to life in prison.”

Safe Harbor was Approved

The NAHT secured a bill that would create a Youth Safe Harbor Human Trafficking Task Force, SF 545. This legislation was to provide for creating an interim, interdisciplinary group of state agencies tasked with identifying the infrastructure necessary for implementing a Safe Harbor law in Iowa. The Iowa Senate passed the bill unanimously in mid-March but it failed to be taken up by the House Judiciary Committee ahead of the 2^nd legislative funnel deadline on March 31^st.

However, Advocacy Iowa and the NAHT Legislative Committee Chair, Maggie Tinsman, continued to have conversations with members of the House to find another vehicle for this legislation. With the help of Representatives Brian Lohse and Steve Holt, policy language forming a Child Human Trafficking Interim Study Committee was included in this year's Justice Systems Budget bill, SF 562 – a major win! The bill was then passed by the House and Senate and now hits the Governor's desk soon. The Child Human Trafficking Interim Study Committee is tasked with:

• Identifying current initiatives to eliminate the human trafficking of minors;
• Identifying current services available in Iowa for minor victims of human trafficking;
• Identifying and investigating the laws of other states that focus on minor victims of human trafficking to determine if another state's model would be effective in Iowa;
• Researching and making recommendations on a model of rehabilitative services for minor victims of human trafficking;
• Identifying barriers that prevent minor victims of human trafficking from seeking legal assistance or medical attention;
• Creating a procedure to be followed by all law enforcement officers statewide if an officer encounters a minor who may be a victim of human trafficking;
• Investigating the efficacy of safe harbor laws;
• Investigating and identifying potential routes to eliminate human trafficking in Iowa;
• Making recommendations on trafficking-related training for law enforcement officers, court attorneys, and juvenile service officers; and
• Identifying funding needs based on recommendations made by the committee.

5 Million Increase in Funding was not Approved

The NAHT requested the Iowa Legislature allocate an additional $5M in the Justice System Appropriations for Victim Assistance Grants Budget in the Attorney General's Office, for a total of $10M. The NAHT also requested the legislature amend the specific language of the victim service budget line item to state that this money serves victims of “human trafficking, homicide, and other violent crimes.” The current bill language states this allocation is given to those providing services to “crime victims of domestic abuse or to crime victims of rape and sexual assault.” Unfortunately, this request was not funded.

Mandatory Restitution was not Approved

As we saw watching Pieper Lewis' sentencing unfold, current law states that for all criminal cases in which an offender is convicted of a felony and caused the death of another person, the court is required to order the offender to pay $150,000 in restitution to the victim's estate or their heirs. Two bills, SF 522 and HF 594, seek to remedy this. SF 522 offers discretion to the court making the sentence, allowing the judge to consider any criminal offenses committed by the victim against the offender. HF 594 states the restitution requirement should not apply to an offender whose offense was directly related to the offender being a victim of human trafficking. The NAHT supports excepting survivors of trafficking and other victims of violence and assault from the $150k restitution law. Unfortunately, neither bill advanced for floor debate.

Other Trafficking-Related Legislations approved:

• HF 176: A bill relating to continuous sexual abuse of a child and makes applicable penalties.
  • Passed the House and Senate unanimously. Signed by the Governor on April 28, 2023.
• SF 84: A bill relating to the sexual exploitation of a minor and the corresponding penalties.
  • Passed the House and Senate unanimously. Signed by the Governor on May 11, 2023.

How Systems Fail Human Trafficking Survivors

According to the University of Toledo Human Trafficking Institute, survey results from the first national survivor study reveal that “systems” have largely failed survivors, including those that were involved prior to their trafficking experience, while involved, and after their trafficking experience. Get the episode here!

Watch The Survivors Journey Free Webinar Here!​

Want to know how to walk beside survivors providing effective direct service work? Watch the free webinar here!​

Interested in human trafficking prevention? Watch this free webinar to learn how to become a “Best Life Human Trafficking Prevention Curriculum for At-Risk Girls” Facilitator. Click here to watch the free webinar!

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