SF 426 (LSB 1749SV (1) 88)

SENATE FILE 426

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1062)

A BILL FOR

An Act including personal degradation of a dependent adult as a form of dependent adult abuse by a caretaker regulated by the department of human services, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235B.2, subsection 5, paragraph a, Code 2019, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  (a)  Personal degradation of a dependent adult by a caretaker.
   (b)  “Personal degradation” means a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm the personal dignity of a dependent adult, or where the caretaker knew or reasonably should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person. “Personal degradation” includes the taking, transmission, or display of an electronic image of a dependent adult by a caretaker, where the caretaker’s actions constitute a willful act or statement intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult, or where the caretaker knew or reasonably should have known the act would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person. “Personal degradation” does not include the taking, transmission, or display of an electronic image of a dependent adult for the purpose of reporting dependent adult abuse to law enforcement, the department, or other regulatory agency that oversees caretakers or enforces abuse or neglect provisions, or for the purpose of treatment or diagnosis or as part of an ongoing investigation. “Personal degradation” also does not include the taking, transmission, or display of an electronic image by a caretaker who takes, transmits, or displays the electronic image in accordance with the confidentiality policy and release of information or consent policies of a contractor, employer, or facility or program not covered under section 235E.1, subsection 5, paragraph “a”, subparagraph (3).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill includes personal degradation as a form of dependent adult abuse by a caretaker regulated by the department of human services pursuant to Code chapter 235B (dependent adult abuse). The bill defines “personal degradation” as a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm a dependent adult’s personal dignity, or a willful act or statement by a caretaker where the caretaker knew or reasonably should have known the act or statement would shame, degrade, humiliate, or otherwise harm the dependent adult’s personal dignity. “Personal degradation” includes the taking, transmission, or display of an electronic image of a dependent adult by a caretaker, where the caretaker’s actions constitute a willful act or statement intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult. The bill creates an exception to the definition for electronic images of a dependent adult that are taken, transmitted, or displayed for the purpose of reporting dependent adult abuse or for the purpose of treatment or diagnosis or as part of an ongoing investigation. The bill provides “personal degradation” does not include the taking, transmission, or display of an electronic image by a caretaker who takes, transmits, or displays the electronic image in accordance with the confidentiality policy and release of information or consent policies of a contractor, employer, or facility or program not regulated by the department of inspections and appeals pursuant to Code chapter 235E (dependent adult abuse in facilities and programs).
   For purposes of Code chapter 235B, a caretaker is defined as a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.
   A caretaker who commits the crime of dependent adult abuse by personal degradation is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A caretaker who is the subject of a report of dependent adult abuse may be placed on the dependent adult abuse registry.