Senate
File
153
-
Introduced
SENATE
FILE
153
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1015)
A
BILL
FOR
An
Act
relating
to
the
exploitation
of
a
dependent
adult
by
a
1
caretaker.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1352SV
(1)
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S.F.
153
Section
1.
Section
235B.2,
subsection
5,
paragraph
a,
1
subparagraph
(1),
subparagraph
division
(c),
Code
2019,
is
2
amended
to
read
as
follows:
3
(c)
Exploitation
of
a
dependent
adult
which
means
the
act
4
or
process
of
taking
unfair
advantage
of
a
dependent
adult
5
or
the
adult’s
physical
or
financial
resources
for
one’s
own
6
personal
or
pecuniary
profit
,
without
the
informed
consent
7
of
the
dependent
adult,
including
theft,
by
the
use
of
undue
8
influence,
harassment,
duress,
deception,
false
representation,
9
or
false
pretenses.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
exploitation
of
a
dependent
adult
14
by
a
caretaker.
15
Under
current
law,
dependent
adult
abuse
includes
the
16
exploitation
of
a
dependent
adult
as
a
result
of
the
willful
or
17
negligent
acts
or
omissions
of
a
caretaker
when
the
caretaker
18
takes
unfair
advantage
of
the
dependent
adult’s
physical
19
or
financial
resources
for
the
caretaker’s
own
personal
20
or
pecuniary
profit
without
the
dependent
adult’s
consent
21
by
undue
influence,
harassment,
duress,
deception,
false
22
representation,
or
false
pretenses.
“Caretaker”
is
defined
23
as
a
related
or
nonrelated
person
who
has
the
responsibility
24
for
the
protection,
care,
or
custody
of
a
dependent
adult
as
a
25
result
of
assuming
the
responsibility
voluntarily,
by
contract,
26
through
employment,
or
by
order
of
the
court.
27
The
bill
eliminates
the
requirement
that
a
caretaker
taking
28
unfair
advantage
of
a
dependent
adult’s
physical
or
financial
29
resources
must
do
so
for
the
caretaker’s
own
personal
or
30
pecuniary
profit.
31
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