House File 2339 HOUSE FILE BY FORD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to dependent adult abuse and providing criminal 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6205HH 80 5 rh/pj/5 PAG LIN 1 1 Section 1. Section 235B.1, subsection 4, paragraph a, 1 2 subparagraph (1), Code 2003, is amended to read as follows: 1 3 (1) Advise thedirector of human services and the 1 4 administrator of the division of child and family services of 1 5 the department of human services regardingdepartments charged 1 6 with the responsibility of addressing dependent adult abuse. 1 7 Sec. 2. Section 235B.2, subsection 5, paragraph a, 1 8 subparagraph (1), Code 2003, is amended to read as follows: 1 9 (1) Any of the following as a result of the willful or 1 10 negligent acts or omissions of acaretakerperson: 1 11 Sec. 3. Section 235B.2, subsection 5, paragraph a, Code 1 12 2003, is amended by adding the following new subparagraph: 1 13 NEW SUBPARAGRAPH. (4) Any mental injury to a dependent 1 14 adult's intellectual or psychological capacity as evidenced by 1 15 an observable and substantial impairment in the dependent 1 16 adult's ability to function within the dependent adult's 1 17 normal range of performance and behavior as the result of the 1 18 acts or omissions of a person, if the impairment is diagnosed 1 19 and confirmed by a licensed physician or qualified mental 1 20 health professional as defined in section 622.10. 1 21 Sec. 4. Section 235B.2, subsection 5, paragraph b, 1 22 subparagraph (2), Code 2003, is amended to read as follows: 1 23 (2) Circumstances in whichthe dependent adult's caretaker1 24 a person, acting in accordance with the dependent adult's 1 25 stated or implied consent, declines medical treatment on 1 26 behalf of the dependent adult if the dependent adult holds a 1 27 belief or is an adherent of a religion whose tenets and 1 28 practices call for reliance on spiritual means in place of 1 29 reliance on medical treatment. 1 30 Sec. 5. Section 235B.20, subsections 2 through 8, Code 1 31 2003, are amended to read as follows: 1 32 2. Acaretakerperson who intentionally commits dependent 1 33 adult abuse on a dependent adult in violation of this chapter 1 34 is guilty of a class "C" felony if the intentional dependent 1 35 adult abuse results in serious injury. 2 1 3. Acaretakerperson who recklessly commits dependent 2 2 adult abuse on a dependent adult in violation of this chapter 2 3 is guilty of a class "D" felony if the reckless dependent 2 4 adult abuse results in serious injury. 2 5 4. Acaretakerperson who intentionally commits dependent 2 6 adult abuse on a dependent adult in violation of this chapter 2 7 is guilty of a class "C" felony if the intentional dependent 2 8 adult abuse results in physical injury. 2 9 5. Acaretakerperson who commits dependent adult abuse by 2 10 exploiting a dependent adult in violation of this chapter is 2 11 guilty of a class "D" felony if the value of the property, 2 12 assets, or resources exceeds one hundred dollars. 2 13 6. Acaretakerperson who recklessly commits dependent 2 14 adult abuse on a person in violation of this chapter is guilty 2 15 of an aggravated misdemeanor if the reckless dependent adult 2 16 abuse results in physical injury. 2 17 7. Acaretakerperson who commits dependent adult abuse by 2 18 exploiting a dependent adult in violation of this chapter is 2 19 guilty of a simple misdemeanor if the value of the property, 2 20 assets, or resources is one hundred dollars or less. 2 21 8. Acaretakerperson alleged to have committed a 2 22 violation of this chapter shall be charged with the respective 2 23 offense cited, unless a charge may be brought based upon a 2 24 more serious offense, in which case the charge of the more 2 25 serious offense shall supersede the less serious charge. 2 26 EXPLANATION 2 27 This bill relates to dependent adult abuse and provides 2 28 criminal penalties. 2 29 The bill provides that the dependent adult abuse advisory 2 30 council is to advise not only the director of human services 2 31 and the administrator of the division of child and family 2 32 services regarding dependent adult abuse, but is to advise the 2 33 departments charged with addressing dependent adult abuse. 2 34 The bill expands the definition of who may commit dependent 2 35 adult abuse to include any person who willfully or negligently 3 1 acts or fails to act in a certain manner in regard to a 3 2 dependent adult. Current law limits such a person to a 3 3 caretaker, defined in Code section 235B.2, as a related or 3 4 nonrelated person who has the responsibility for the 3 5 protection, care, or custody of a dependent adult as a result 3 6 of assuming the responsibility voluntarily, by contract, 3 7 through employment, or by order of the court. 3 8 The bill further expands the definition of dependent adult 3 9 abuse to include any mental injury to a dependent adult's 3 10 intellectual or psychological capacity. 3 11 The bill provides that a person who commits the crime of 3 12 dependent adult abuse commits a class "C" felony, a class "D" 3 13 felony, an aggravated misdemeanor, or a simple misdemeanor, 3 14 depending on the respective offense. A class "C" felony is 3 15 punishable by confinement for no more than 10 years and a fine 3 16 of at least $1,000 but not more than $10,000. A class "D" 3 17 felony is punishable by confinement for no more than five 3 18 years and a fine of at least $750 but not more than $7,500. 3 19 An aggravated misdemeanor is punishable by confinement for no 3 20 more than two years and a fine of at least $500 but not more 3 21 than $5,000. A simple misdemeanor is punishable by 3 22 confinement for no more than 30 days or a fine of at least $50 3 23 but not more than $500 or by both. 3 24 LSB 6205HH 80 3 25 rh/pj/5