SF 2108 (LSB 5440ST (7) 88)

SENATE FILE 2108

BY  R. TAYLOR, MATHIS, JOCHUM, CELSI, WAHLS, KINNEY, BISIGNANO, T. TAYLOR, J. SMITH, QUIRMBACH, BOLKCOM, PETERSEN, GIDDENS, RAGAN, BOULTON, LYKAM, and DOTZLER

A BILL FOR

An Act relating to older individuals and dependent adults, creating certain criminal offenses and civil actions, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS

    Section 1.  NEW SECTION.  708.2D  Older individual assault —— mandatory minimums, penalties enhanced —— extension of no-contact order.
   1.  For the purposes of this section:
   a.  “Older individual” means an individual who is sixty years of age or older. 
   b.  “Older individual assault” means an assault, as defined in section 708.1, of an older individual.
   2.  On a first offense of older individual assault, the person commits:
   a.  A simple misdemeanor, except as otherwise provided.
   b.  A serious misdemeanor, if the older individual assault causes bodily injury or mental illness.
   c.  An aggravated misdemeanor, if the older individual assault is committed with the intent to inflict a serious injury upon an older individual, or if the person uses or displays a dangerous weapon in connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.
   d.  An aggravated misdemeanor, if the older individual assault is committed by knowingly impeding the normal breathing or circulation of the blood of an older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual.
   3.  Except as otherwise provided in subsection 2, on a second offense of older individual assault, a person commits:
   a.  A serious misdemeanor if the first offense was classified as a simple misdemeanor and the second offense would otherwise be classified as a simple misdemeanor.
   b.  An aggravated misdemeanor if the first offense was classified as a simple or aggravated misdemeanor and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor.
   4.  On a third or subsequent offense of older individual assault, a person commits a class “D” felony.
   5.  For an older individual assault committed by knowingly impeding the normal breathing or circulation of the blood of an older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual, and causing bodily injury, the person commits a class “D” felony.
   6.  a.  A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.
   b.  For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or 708.2A, or this section, which were issued on older individual assaults, and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.
   c.  An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.
   7.  a.  A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or 708.2A, or this section, which was issued on an older individual assault.
   b.  A person convicted of violating subsection 4 shall be sentenced as provided under section 902.9, subsection 1, paragraph “e”, and shall be denied parole or work release until the person has served a minimum of one year of the person’s sentence. Notwithstanding section 901.5, subsections 1, 3, and 5, and section 907.3, the person cannot receive a suspended or deferred sentence or a deferred judgment; however, the person sentenced shall receive credit for any time the person was confined in a jail or detention facility following arrest.
   8.  If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   9.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under chapter 235F. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
    Sec. 2.  NEW SECTION.  714.2A  Theft against an older individual.
   1.  If a person commits theft against an individual who was an older individual at the time the theft was committed and the person knew or should have known the conduct was directed at an older individual, notwithstanding the penalties specified in section 714.2, all of the following shall apply: 
   a.  If a person commits theft in the first degree pursuant to section 714.2, subsection 1, the person is guilty of a class “B” felony.
   b.  If a person commits theft in the second degree pursuant to section 714.2, subsection 2, the person is guilty of a class “C” felony.
   c.  If a person commits theft in the third degree pursuant to section 714.2, subsection 3, the person is guilty of a class “D” felony.
   d.  If a person commits theft in the fourth degree pursuant to section 714.2, subsection 4, the person is guilty of an aggravated misdemeanor.
   e.  If a person commits theft in the fifth degree pursuant to section 714.2, subsection 5, the person is guilty of a serious misdemeanor.
   2.  For the purposes of this section, “older individual” means an individual who is sixty years of age or older.
    Sec. 3.  Section 714.16A, Code 2020, is amended to read as follows:
   714.16A  Additional civil penalty for consumer frauds committed against elderly older individuals —— fund established.
   1.  a.  If a person violates section 714.16, and the violation is committed against an older person individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of section 714.16, regardless of whether an action has been filed pursuant to section 714.16.
   b.  A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly older individual victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly older individuals. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to section 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.
   2.  In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:
   a.  Whether the defendant’s conduct was in willful disregard of the rights of the older person individual.
   b.  Whether the defendant knew or should have known that the defendant’s conduct was directed to an older person individual.
   c.  Whether the older person individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
   d.  Any other factors the court deems appropriate.
   3.  As used in this section, “older person” individual” means a person who is sixty-five years of age or an individual who is sixty years of age or older.
    Sec. 4.  NEW SECTION.  726.24  Elder abuse —— initiation of charges —— penalty.
   1.  As used in this section unless the context otherwise requires:
   a.  “Abuse” means the infliction of physical harm or the deprivation of goods or services that are necessary to meet essential needs or to avoid physical harm or psychological harm.
   b.  “Caregiver” means an individual who has the responsibility for the care or custody of an older individual, whether voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and includes but is not limited to a family member or other individual who provides, whether on the individual’s own behalf or on behalf of a public or private entity, compensated or uncompensated care to an older individual.
   c.  “Elder abuse” means the abuse, emotional abuse, neglect, isolation, or sexual exploitation of an older individual. “Elder abuse” does not include any of the following:
   (1)  Circumstances in which the older individual declines medical treatment if the older individual holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (2)  Circumstances in which the older individual’s caregiver or fiduciary, acting in accordance with the older individual’s stated or implied consent, declines medical treatment if the older individual holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (3)  The withholding or withdrawing of health care from an older individual who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the older individual or at the request of the older individual’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.
   d.  “Emotional abuse” means the willful or reckless infliction of psychological harm, emotional or mental anguish, or the use of physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care.
   e.  “Fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, attorney in fact, or any person, whether individual or corporate, acting in any fiduciary capacity for or on behalf of any older individual.
   f.  (1)  “Isolate” or “isolation” means preventing an older individual from having contact with another person by any of the following means:
   (a)  Intentionally preventing the older individual from receiving visitors, mail, or telephone calls, including, without limitation, communicating to a person who comes to visit the older individual or a person who telephones the older individual that the older individual is not present or does not want to meet with or talk to the visitor or caller while knowing that the statement is false, contrary to the express wishes of the older individual, and intended to prevent the older individual from having contact with the visitor.
   (b)  Physically restraining the older individual to prevent the older individual from meeting with a person who comes to visit the older individual.
   (c)  Permitting any of the acts described in subparagraph division (a) or (b) to be committed against an older individual.
   (2)  “Isolate” or “Isolation” does not mean an act intended to protect the property or physical or mental welfare of the older individual or an act performed pursuant to the instructions of a physician of the older individual.
   g.  “Neglect” means the failure of a caregiver or fiduciary to provide adequate food, shelter, clothing, supervision, physical or mental health care, and goods or services necessary to maintain the life, health, or safety of an older individual, which if not provided would constitute denial of critical care.
   h.  “Older individual” means a person sixty years of age or older.
   i.  “Older individual assault” means the same as defined in section 708.2D.
   j.  “Physical harm” means bodily injury, bodily pain, impairment, or disease.
   k.  “Psychological harm” means an injury to the intellectual functioning or emotional state of an older individual as evidenced by an observable or measurable reduction in the older adult’s ability to function within that individual’s customary range of performance and that individual’s behavior.
   l.  “Serious injury” means the same as defined in section 702.18.
   m.  “Sexual exploitation” means any sexual contact against an older individual’s will. This includes acts in which the older individual is unable to understand the act or is unable to communicate or is under undue influence and includes coerced nudity; fondling, touching, or kissing; making the person fondle someone else’s genitals; forcing the person to observe sexual acts; photographing the person in sexually explicit ways whether for purposes of gratification or degradation; and sexual assault.
   n.  “Undue influence” means when a person uses or knowingly assists or causes another person to use that person’s role, relationship, or power to exploit the trust, dependency, or fear of an older individual, or uses or knowingly assists or causes another person to use that person’s role, relationship, or power to deceptively gain control over an older individual’s decision-making process.
   2.  It shall be unlawful for any person to abuse, emotionally abuse, neglect, isolate, or sexually exploit any older individual. 
   3.  A charge of elder abuse may be initiated as a result of an investigation by a social services agency, or on the direct initiative of the attorney general, a county attorney, or a law enforcement agency.
   4.  A person who commits a first offense of elder abuse is guilty of the following, as applicable:
   a.  A person who intentionally commits elder abuse is guilty of a class “C” felony if the intentional elder abuse results in serious injury.
   b.  A person who recklessly commits elder abuse is guilty of a class “D” felony if the reckless elder abuse results in serious injury.
   c.  A person who intentionally commits elder abuse is guilty of a class “D” felony if the intentional elder abuse results in physical injury or psychological harm.
   d.  A person who recklessly commits elder abuse is guilty of an aggravated misdemeanor if the reckless elder abuse results in physical injury or psychological harm.
   e.  A person who otherwise intentionally commits elder abuse is guilty of a serious misdemeanor.
   5.  On a second or subsequent offense of elder abuse under subsection 4, paragraph “a”, a person commits a class “B” felony.
   6.  On a second or subsequent offense of elder abuse under subsection 4, paragraph “b” or “c”, a person commits a class “C” felony.
   7.  On a second or subsequent offense of elder abuse under subsection 4, paragraph “d” or “e”, a person commits a class “D” felony.
   8.  It does not constitute a defense to a prosecution for any violation of this section that the alleged perpetrator did not know the age of the victim. 
   9.  In a criminal action in which an older individual is a victim, the state may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the victim, may advance the trial on the docket. The motion may be filed and served with the information or charges at any time.
   10.  a.  A conviction or deferred judgment for or plea of guilty to a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.
   b.  For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of this section, or judgments or deferred judgments issued pursuant to section 708.2D or 714.2A, and convictions or the equivalent of deferred judgments for violations in any other state under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.
   c.  An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.
   11.  If a person is convicted or receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   12.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 235F. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
    Sec. 5.  NEW SECTION.  726.25  Financial exploitation of an older individual.
   1.  For the purposes of this section:
   a.  “Caregiver” means an individual who has the responsibility for the care or custody of an older individual, whether voluntarily, by contract, through employment, or as a result of the operation of law, and includes but is not limited to a family member or other individual who provides compensated or uncompensated care to an older individual. 
   b.  “Coercion” means communication or conduct which compels an older individual to act or refrain from acting against the older individual’s will.
   c.  “Older individual” means an individual who is sixty years of age or older.
   d.  “Stands in a position of trust or confidence” means the person has any of the following relationships relative to the older individual:
   (1)  Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the older individual.
   (2)  Is a joint tenant or tenant in common with the older individual.
   (3)  Has a legal or fiduciary relationship with the older individual. For the purposes of this paragraph, a legal or fiduciary relationship with the older individual does not include a legal or fiduciary relationship an older individual may have with a bank incorporated under the provisions of any state or federal law, any savings and loan association or savings bank incorporated under the provisions of any state or federal law, or any credit union organized under the provisions of any state or federal law.
   (4)  Is a financial planning or investment professional providing or offering to provide financial planning or investment advice to the older individual.
   (5)  Is a beneficiary of the older individual in a governing instrument.
   (6)  Is a caregiver for the older individual.
   (7)  Is a person who has otherwise formed a relationship of trust or reliance with the older individual such that the person should reasonably expect that the older individual would likely rely upon the person to act in good faith for the older individual’s interest. 
   e.  “Undue influence” means excessive persuasion by a person that causes an older individual to act or refrain from acting by overcoming an older individual’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:
   (1)  The vulnerability of the older individual.  Evidence of vulnerability may include but is not limited to incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the person knew or should have known of the alleged older individual’s vulnerability.
   (2)  The person’s apparent authority.  Evidence of apparent authority may include but is not limited to status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual advisor, expert, or other qualifications.
   (3)  The person’s actions or tactics.  Evidence of actions or tactics used may include but is not limited to all of the following:
   (a)  Controlling necessaries of life, medication, the older individual’s interactions with others, access to information, or sleep.
   (b)  Use of affection, intimidation, or coercion.
   (c)  Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
   (4)  The equity of the result.  Evidence of the equity of the result may include but is not limited to the economic consequences to the older individual; any divergence from the older individual’s prior intent, course of conduct, or dealing; the relationship of the value conveyed to the value of any services or consideration received; or the appropriateness of the change in light of the length and nature of the relationship. Evidence of an inequitable result, without more, is not sufficient to prove undue influence.
   2.  A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. 
   3.  A person who commits a first offense of financial exploitation of an older individual is guilty of the following, as applicable:
   a.  A serious misdemeanor if the value of the benefits, property, resources, belongings, or assets is one hundred dollars or less.
   b.  An aggravated misdemeanor if the value of the benefits, property, resources, belongings, or assets exceeds one hundred dollars but does not exceed one thousand dollars.
   c.  A class “D” felony if the value of the benefits, property, resources, belongings, or assets exceeds one thousand dollars but does not exceed ten thousand dollars. 
   d.  A class “C” felony if the value of the benefits, property, resources, belongings, or assets exceeds ten thousand dollars but does not exceed fifty thousand dollars.
   e.  A class “B” felony if the value of the benefits, property, resources, belongings, or assets exceeds fifty thousand dollars, or if the older individual is seventy years of age to eighty years of age and the value of the benefits, property, resources, belongings, or assets is fifteen thousand dollars or more, or if the older individual is eighty years of age or older and the value of the benefits, property, resources, belongings, or assets is five thousand dollars or more.
   4.  On a second or subsequent offense of financial exploitation of an older individual, a person commits a class “C” felony if the value of the benefits, property, resources, belongings, or assets does not exceed fifty thousand dollars unless subsection 3, paragraph “e” applies.
   5.  Nothing in this section shall be construed to limit other remedies available to the older individual including those provided under chapters 235F and 236.
   6.  Nothing in this section shall be construed to impose criminal liability on a person who has made a good-faith effort to assist an older individual in the management of the older individual’s benefits, property, resources, belongings, or assets, but through no fault of the person, the person has been unable to provide such assistance.
   7.  It shall not be a defense to financial exploitation of an older individual that the alleged perpetrator did not know the age of the older individual or reasonably believed that the alleged victim was not an older individual.
   8.  In a criminal action in which an older individual is a victim, the state may make a motion to the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the victim, may grant a motion to advance the trial on the docket. The motion may be filed and served with the information or charges at any time.
   9.  a.  A conviction or deferred judgment for or plea of guilty to a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining whether the violation charged is a second or subsequent offense.
   b.  For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of this section or judgments or deferred judgments issued pursuant to section 708.2D or 714.2A, and convictions or the equivalent of deferred judgments for violations in any other state under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.
   c.  An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.
   10.  If a person is convicted of, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   11.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 235F. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
    Sec. 6.  NEW SECTION.  726.26  Dependent adult abuse —— initiation of charges —— penalty.
   1.  For the purposes of this section, “caretaker”, “dependent adult”, and “dependent adult abuse” mean the same as defined in section 235B.2.
   2.  A charge of dependent adult abuse may be initiated upon the complaint of a private individual, as a result of an investigation by a social service agency, or on the direct initiative of the office of the attorney general, a county attorney, or a law enforcement agency.
   3.  A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in serious injury.
   4.  A caretaker who recklessly commits dependent adult abuse is guilty of a class “D” felony if the reckless dependent adult abuse results in serious injury.
   5.  A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in physical injury.
   6.  A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.
   7.  A caretaker who recklessly commits dependent adult abuse is guilty of an aggravated misdemeanor if the reckless dependent adult abuse results in physical injury.
   8.  A caretaker who otherwise intentionally or knowingly commits dependent adult abuse is guilty of a serious misdemeanor.
   9.  A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.
   10.  A caretaker alleged to have committed dependent adult abuse shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
    Sec. 7.  REPEAL.  Section 235B.20, Code 2020, is repealed.
    Sec. 8.  CODE EDITOR DIRECTIVES.  The Code editor shall do all of the following:
   1.  Create a new subchapter in chapter 726, entitled “Resident, Dependent Adult, and Older Individual Protection Act” that includes sections 726.24, 726.25, and 726.26, as enacted in this Act.
   2.  a.  Transfer sections 726.7 and 726.8, Code 2020, to the new subchapter and renumber the transferred sections as follows:
   (1)  Section 726.7 as section 726.27.
   (2)  Section 726.8 as section 726.28.
   b.  Correct internal references as necessary.
   3.  Amend the title of the chapter to read “Protections for the Family, Dependent Persons, Residents of Health Care Facilities, and Older Individuals”.
DIVISION II
CONFORMING CHANGES

    Sec. 9.  Section 13.2, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  p.  Develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, older individual assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual under sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25.
    Sec. 10.  Section 103.9, subsection 3, Code 2020, is amended to read as follows:
   3.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 11.  Section 103.10, subsection 6, Code 2020, is amended to read as follows:
   6.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 12.  Section 103.12, subsection 6, Code 2020, is amended to read as follows:
   6.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 13.  Section 103.12A, subsection 4, Code 2020, is amended to read as follows:
   4.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 14.  Section 103.13, subsection 4, Code 2020, is amended to read as follows:
   4.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 15.  Section 103.15, subsection 7, Code 2020, is amended to read as follows:
   7.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly.
    Sec. 16.  Section 105.22, subsection 4, Code 2020, is amended to read as follows:
   4.  Conviction of a felony in Iowa that is sexual abuse in violation of section 709.4, a sexually violent offense as defined in section 229A.2, the offense of elder abuse in violation of section 726.24, the offense of dependent adult abuse in violation of section 235B.20 726.26, a forcible felony as defined in section 702.11, or the offense of domestic abuse assault in violation of section 708.2A, or the offense of older individual assault in violation of section 708.2D, shall be grounds for denial, revocation, or suspension of a license. Conviction for any other felony shall not be grounds for denial, revocation, or suspension. A conviction of a crime in violation of federal law or in violation of the law of another state shall be given the same effect as it would if such conviction had been under Iowa law. If federal law or the laws of another state do not provide for offenses or violations denominated or described in precisely the same words as Iowa law, the department shall determine whether those offenses or violations are substantially similar in nature to Iowa law and apply those offenses or violations accordingly. A copy of the record of conviction or plea of guilty shall be conclusive evidence of such conviction.
    Sec. 17.  Section 232.22, subsection 1, paragraph g, Code 2020, is amended to read as follows:
   g.  There is probable cause to believe that the child has committed a delinquent act which would be domestic abuse under chapter 236, sexual abuse under chapter 236A, or a domestic abuse assault under section 708.2A, or an older individual assault under section 708.2D if committed by an adult.
    Sec. 18.  Section 235E.4, Code 2020, is amended to read as follows:
   235E.4  Chapter 235B application.
   Sections 235B.4 through 235B.20 235B.19 and section 726.26, where not inconsistent with this chapter, shall apply to this chapter.
    Sec. 19.  Section 664A.1, subsection 2, Code 2020, is amended to read as follows:
   2.  “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 235F, a court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A or older individual assault under section 708.2D, or a civil injunction issued pursuant to section 915.22.
    Sec. 20.  Section 664A.2, subsection 1, Code 2020, is amended to read as follows:
   1.  This chapter applies to no-contact orders issued for violations or alleged violations of sections 708.2A, 708.2D, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim.
    Sec. 21.  Section 664A.7, subsection 5, Code 2020, is amended to read as follows:
   5.  Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A, the offense or alleged offense of older individual assault in violation of section 708.2D, or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 236A, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
    Sec. 22.  Section 671A.2, subsection 1, paragraph b, subparagraphs (3) and (7), Code 2020, are amended to read as follows:
   (3)  The offense of elder abuse as provided for under section 726.24 or dependent adult abuse as provided for under section 235B.20 726.26.
   (7)  The offense of domestic abuse assault as defined in section 708.2A and older individual assault as defined in section 708.2D.
    Sec. 23.  Section 901C.3, subsection 2, paragraphs c and i, Code 2020, are amended to read as follows:
   c.  A conviction for elder abuse under section 726.24 or dependent adult abuse under section 235B.20 726.26.
   i.  A conviction under section 708.2A or 708.2D.
    Sec. 24.  Section 915.22, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The clerk of the district court shall provide notice and copies of restraining orders issued pursuant to this section in a criminal case involving an alleged violation of section 708.2D to the applicable law enforcement agencies and the twenty-four-hour dispatch for the law enforcement agencies, in the manner provided for protective orders under section 235F.6. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
DIVISION III
SINGLE POINT OF ENTRY FOR ADULT ABUSE SERVICES AND INFORMATION

    Sec. 25.  SINGLE POINT OF ENTRY FOR ADULT ABUSE SERVICES AND INFORMATION.
   1.  The department on aging shall utilize the aging and disability resource centers network lifelong links to function as the primary point of entry utilizing a single statewide telephone number to provide a system for individuals, family members, caregivers, and concerned others, no matter where the individual resides or who is allegedly perpetrating the abuse, to request assistance, report suspicion of adult abuse, and receive information, and for the purpose of collecting data regarding adult abuse.
   2.  The department shall develop a consumer-friendly triage system to manage incoming calls, establish a consumer-friendly intake and screening tool to effectively refer individuals to appropriate community and other resources, and provide trained professionals to manage the intake, screening, and referral of calls. The department shall develop and administer a management information system for the collection of all data on reported cases of adult abuse that interacts with other state, regional, and national systems to allow the department to compile and analyze relevant data to inform decision making and utilization of resources regarding adult abuse. The department and the aging and disability resource center shall collaborate with the department of human services, law enforcement, the office of the attorney general, county attorneys, and others to respond to reports of adult abuse and to collect, compile, and analyze data. All reports of adult abuse received by the aging and disability resource center that disclose the identity of a dependent adult or older individual shall be maintained as a confidential record pursuant to section 22.7. The department shall have access to such reports for the purposes of data collection, compilation, and analysis. 
   3.  The single point of entry shall also act as a means of providing public awareness regarding the prevalence of adult abuse, the identification and responsibilities of mandatory reporters, the signs of adult abuse, what to do when adult abuse is suspected, and the resources available to address adult abuse. 
   4.  For the purposes of this section, “adult abuse” includes elder abuse as defined in section 726.24 and dependent adult abuse as defined in section 726.26.
DIVISION IV
ESTABLISHMENT OF MULTIDISCIPLINARY TEAMS TO RESPOND TO ELDER ABUSE

    Sec. 26.  NEW SECTION.  231.56B  Multidisciplinary teams —— elder abuse.
   The department, in collaboration with the department of human services, shall establish a multidisciplinary team in each area agency on aging planning and service area. The multidisciplinary team shall assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to, victims of elder abuse as defined in section 726.24, as well as address public awareness, prevention, detection, reporting, data collection, and investigations relating to elder abuse. The multidisciplinary team shall consist of professionals practicing in the disciplines of medicine, public health, mental health, social work, gerontology, education, law, law enforcement, nursing, and other disciplines relative to elder abuse, as well as other appropriate community providers. Members of multidisciplinary teams shall maintain confidentiality of cases in which they are involved and shall not redisseminate elder abuse information obtained through the multidisciplinary team. This prohibition shall not preclude redissemination of information if a team member has received information as a result of another provision of law that grants access to the information.
DIVISION V
OFFICE OF PUBLIC GUARDIAN

    Sec. 27.  EXPANSION OF SERVICES OF OFFICE OF PUBLIC GUARDIAN.  The department on aging shall explore ways that the office of public guardian may increase its effectiveness by increasing the number of local public guardians, identifying and supporting individuals and organizations willing to serve as public guardians, increasing awareness regarding alternatives to guardianships, where appropriate, providing effective oversight and monitoring of guardians, and increasing public awareness about the office of public guardian as a valued resource for members of the public, the courts, and private guardians. The department shall work with appropriate entities such as the representatives of the judicial branch, the university of Iowa and drake university colleges of law, the Iowa state bar association, AARP, and community organizations to achieve the goals identified in this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to older individuals and dependent adults and certain criminal offenses and civil actions, and provides penalties.
   DIVISION I —— CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS. The bill establishes the crime of older individual assault, which is the assault, as defined in Code section 708.1, of an older individual, defined in the bill as an individual 60 years of age or older. The bill provides criminal penalties for older individual assault ranging from a simple misdemeanor to a class “D” felony depending on the circumstances of the assault. The bill also provides for the determination of whether a violation is a second or subsequent offense and provides for minimum sentencing for offenders. 
   The bill establishes the crime of theft against an older individual which enhances the penalties for the existing crime of theft by one degree.
   The bill changes the existing additional civil penalty for consumer frauds committed against elders (those 65 years of age or older) to apply to older individuals consistent with other provisions relating to older individuals under the bill.
   The bill establishes criminal penalties for elder abuse ranging from a serious misdemeanor to a class “B” felony depending on the circumstances and resulting injuries of the abuse. “Elder abuse” is defined as the abuse, emotional abuse, neglect, isolation, or sexual exploitation of an older individual.
   The bill establishes the crime of financial exploitation of an older individual. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved.
   The bill relocates the criminal penalties for dependent adult abuse as they currently exist from Code chapter 235B (dependent adult abuse) to Code chapter 726 (relating to the protection of the family and dependent persons). 
   DIVISION II —— CONFORMING CHANGES. The bill makes conforming changes throughout the Code.
   Code section 13.2: The bill adds as a duty of the attorney general to develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, older individual assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual.
   Code section 103.9: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of an electrical contractor license. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 103.10: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of a class A or class B master electrician license. The bill also changes the reference to dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20.
   Code section 103.12: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of a class A or class B journeyman electrician license. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20.
   Code section 103.12A: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of a residential electrician or residential master electrician license. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 103.13: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of a special electrician license. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 103.15: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of an apprenticeship electrician license. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 105.22: The bill provides that a conviction for the offense of elder abuse in violation of Code section 726.24 or the offense of older individual assault in violation of Code section 708.2D is grounds for the denial, revocation, or suspension of a contractor license to provide plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems services. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 232.22: The bill provides that in addition to other conditions, a child shall not be placed in detention when a child is alleged to have committed a delinquent act unless there is probable cause to believe that the child has committed a delinquent act which would be an older individual assault under Code section 708.2D, if committed by an adult.
   Code section 235E.4: The bill corrects Code section references relating to dependent adult abuse in facilities and programs to reflect the repeal of Code section 235B.20.
   Code section 664A.1: The bill includes in the definition of “protective orders” under Code chapter 664A (relating to no-contact and enforcement of protective orders), a protective order or sentencing order in a criminal prosecution arising from older individual assault.
   Code section 664A.2: The bill provides that the Code chapter is applicable to no-contact orders issued for violations or alleged violations related to older individual assault.
   Code section 664A.7: The bill provides that violation of a no-contact order for the offense of older individual assault constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such violation.
   Code section 671A.2: The Code section provides that liability protection for a private employer, general contractor, or premises owner for negligently hiring an employee, agent, or independent contractor does not preclude a cause of action for negligent hiring based on evidence that the employee, agent, or independent contractor has been convicted of a public offense if the private employer, general contractor, or premises owner knew or should have known of the conviction; and if the employee, agent, or independent contractor was convicted of one of certain enumerated offenses. The bill adds to the list of enumerated offenses the offenses of elder abuse and older individual assault. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20. 
   Code section 901C.3: The bill includes in those convictions for misdemeanor offense that shall not be expunged upon application of a defendant convicted of a misdemeanor offense the offenses of elder abuse and older individual assault. The bill also changes the reference for dependent adult abuse from Code section 235B.20 to Code section 726.26 due to the repeal of Code section 235B.20.
   Code section 915.23: The bill provides that under Code chapter 915 (victim rights) the clerk of the district court shall provide notice and copies of restraining orders in a criminal case involving alleged older individual assault to the applicable law enforcement agencies and the 24-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under Code section 235F.6. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner. 
   DIVISION III —— SINGLE POINT OF ENTRY FOR ADULT ABUSE SERVICES AND INFORMATION. This division directs the department on aging to utilize the aging and disability resource centers network lifelong links to function as the primary point of entry to provide a system to request assistance, report suspicion of adult abuse, and receive information, and for the purpose of collecting data regarding adult abuse. “Adult abuse” is defined to include both dependent adult abuse and elder abuse.
   DIVISION IV —— ESTABLISHMENT OF MULTIDISCIPLINARY TEAMS TO RESPOND TO ELDER ABUSE. This division requires the department on aging, in collaboration with the department of human services, to establish a multidisciplinary team in each area agency on aging planning and service area to assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to, victims of elder abuse, as well as address public awareness, prevention, detection, reporting, data collection, and investigations relating to elder abuse. 
   DIVISION V —— OFFICE OF PUBLIC GUARDIAN. This division directs the department on aging to explore ways that the office of public guardian may increase its effectiveness by increasing the number of local public guardians, identifying and supporting individuals and organizations willing to serve as public guardians, increasing awareness regarding alternatives to guardianships, where appropriate, providing effective oversight and monitoring of guardians, and increasing public awareness about the office of public guardian as a valued resource for members of the public, the courts, and private guardians.