Senate File 2239 H-8119 Amend Senate File 2239, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 ELDER ABUSE RELIEF 6 Section 1. NEW SECTION . 235F.1 Definitions. 7 As used in this chapter, unless the context 8 otherwise requires: 9 1. “Attorney in fact” means an attorney in fact 10 under a power of attorney pursuant to chapter 633B or 11 an attorney in fact under a durable power of attorney 12 for health care pursuant to chapter 144B. 13 2. “Caretaker” means a related or nonrelated 14 person who has the responsibility for all or a 15 substantial portion of the protection, care, or custody 16 of a vulnerable elder as a result of assuming the 17 responsibility voluntarily, by contract, through 18 employment, or by order of the court. 19 3. “Conservator” means the same as defined in 20 section 633.3. 21 4. a. “Elder abuse” means any of the following: 22 (1) The nonaccidental infliction of bodily injury 23 on a vulnerable elder by a caretaker. 24 (2) The commission of a sexual offense under 25 chapter 709 or section 726.2 with or against a 26 vulnerable elder. 27 (3) Neglect which is the substantial deprivation of 28 the minimum food, shelter, clothing, supervision, or 29 physical or mental health care, or other care necessary 30 to maintain a vulnerable elder’s life or health by a 31 caretaker. 32 (4) Financial exploitation as provided in section 33 726.24. 34 b. “Elder abuse” does not include any of the 35 following: 36 (1) Circumstances in which the vulnerable elder 37 declines medical treatment if the vulnerable elder 38 holds a belief or is an adherent of a religion whose 39 tenets and practices call for reliance on spiritual 40 means in place of reliance on medical treatment. 41 (2) Circumstances in which the vulnerable elder’s 42 caretaker, acting in accordance with the vulnerable 43 elder’s stated or implied consent, declines medical 44 treatment if the vulnerable elder holds a belief or is 45 an adherent of a religion whose tenets and practices 46 call for reliance on spiritual means in place of 47 reliance on medical treatment. 48 (3) The withholding or withdrawing of health care 49 from a vulnerable elder who is terminally ill in the 50 -1- SF2239.3297 (3) 85 pf/rj 1/ 18 #1.

opinion of a licensed physician, when the withholding 1 or withdrawing of health care is done at the request 2 of the vulnerable elder or at the request of the 3 vulnerable elder’s next of kin, attorney in fact, or 4 guardian pursuant to the applicable procedures under 5 chapter 125, 144A, 144B, 222, 229, or 633. 6 (4) Good faith assistance by a family or household 7 member or other person in managing the financial 8 affairs of a vulnerable elder at the request of the 9 vulnerable elder or at the request of a family member, 10 guardian, or conservator of the vulnerable elder. 11 5. “Family or household member” means a spouse, 12 a person cohabiting with the vulnerable elder, a 13 parent, or a person related to the vulnerable elder 14 by consanguinity or affinity, but does not include 15 children of the vulnerable elder who are less than 16 eighteen years of age. 17 6. “Fiduciary” means a person or entity with the 18 legal responsibility to make decisions on behalf of 19 and for the benefit of a vulnerable elder and to act 20 in good faith and with fairness. “Fiduciary” includes 21 but is not limited to an attorney in fact, a guardian, 22 or a conservator. 23 7. “Financial exploitation” means financial 24 exploitation as provided in section 726.24. 25 8. “Guardian” means the same as defined in section 26 633.3. 27 9. “Peace officer” means the same as defined in 28 section 801.4. 29 10. “Plaintiff” means a vulnerable elder who 30 files a petition under this chapter and includes a 31 substitute petitioner who files a petition on behalf of 32 a vulnerable elder under this chapter. 33 11. “Present danger of elder abuse” means a 34 situation in which the defendant has recently 35 threatened the vulnerable elder with initial 36 or additional elder abuse, or the potential for 37 misappropriation, misuse, or removal of the funds, 38 benefits, property, resources, belongings, or assets of 39 the vulnerable elder combined with reasonable grounds 40 to believe that elder abuse is likely to occur. 41 12. “Pro se” means a person proceeding on the 42 person’s own behalf without legal representation. 43 13. “Substitute petitioner” means the guardian, 44 conservator, attorney in fact, or guardian ad litem 45 for a vulnerable elder who files a petition under this 46 chapter. 47 14. “Vulnerable elder” means a person sixty-five 48 years of age or older who is unable to protect himself 49 or herself from elder abuse as a result of a mental or 50 -2- SF2239.3297 (3) 85 pf/rj 2/ 18

physical condition or advanced age. 1 Sec. 2. NEW SECTION . 235F.2 Commencement of 2 actions —— waiver to juvenile court. 3 1. A vulnerable elder, or the guardian, 4 conservator, attorney in fact, or guardian ad litem of 5 a vulnerable elder, may seek relief from elder abuse 6 by filing a verified petition in the district court. 7 Venue shall lie where either party resides. The 8 petition shall state all of the following: 9 a. The name of the vulnerable elder and the name 10 and address of the vulnerable elder’s attorney, if 11 any. If the vulnerable elder is proceeding pro se, 12 the petition shall state a mailing address for the 13 vulnerable elder. 14 b. The name of the substitute petitioner if the 15 petition is being filed on behalf of a vulnerable 16 elder, and the name and address of the attorney of the 17 substitute petitioner. If the substitute petitioner is 18 proceeding pro se, the petition shall state a mailing 19 address for the substitute petitioner. 20 c. The name and address, if known, of the 21 defendant. 22 d. The relationship of the vulnerable elder to the 23 defendant. 24 e. The nature of the alleged elder abuse. 25 f. The name and age of any other individual whose 26 welfare may be affected. 27 g. The desired relief, including a request for 28 temporary or emergency orders. 29 2. A temporary or emergency order may be based on a 30 showing of a prima facie case of elder abuse. If the 31 factual basis for the alleged elder abuse is contested, 32 the court shall issue a protective order based upon 33 a finding of elder abuse by a preponderance of the 34 evidence. 35 3. a. The filing fee and court costs for an order 36 for protection and in a contempt action resulting from 37 an order granted under this chapter or chapter 664A 38 shall be waived for the plaintiff. 39 b. The clerk of court, the sheriff of any county in 40 this state, and other law enforcement and corrections 41 officers shall perform their duties relating to service 42 of process without charge to the plaintiff. 43 c. When a permanent order for protection is entered 44 by the court, the court may direct the defendant to pay 45 to the clerk of court the fees for the filing of the 46 petition and reasonable costs of service of process if 47 the court determines the defendant has the ability to 48 pay the plaintiff’s fees and costs. 49 d. In lieu of personal service of an order for 50 -3- SF2239.3297 (3) 85 pf/rj 3/ 18

protection issued pursuant to this section, the 1 sheriff of any county in the state, and any other 2 law enforcement and corrections officers may serve a 3 defendant with a short-form notification pursuant to 4 section 664A.4A. 5 4. If the person against whom relief from elder 6 abuse is being sought is seventeen years of age 7 or younger, the district court shall waive its 8 jurisdiction over the action to the juvenile court. 9 5. If a substitute petitioner files a petition 10 under this section on behalf of a vulnerable elder, the 11 vulnerable elder shall retain the right to all of the 12 following: 13 a. To contact and retain counsel. 14 b. To have access to personal records. 15 c. To file objections to the protective order. 16 d. To request a hearing on the petition. 17 e. To present evidence and cross-examine witnesses 18 at the hearing. 19 6. The relief provided under this chapter shall 20 not be available if the action involves a guardian 21 or conservator of the vulnerable elder and the relief 22 sought is more appropriately obtained in a protective 23 proceeding filed under chapter 633. 24 Sec. 3. NEW SECTION . 235F.3 Plaintiffs proceeding 25 pro se —— provision of forms and assistance. 26 1. The judicial branch shall prescribe standard 27 forms to be used by vulnerable elders or substitute 28 petitioners seeking protective orders by proceeding pro 29 se in actions under this chapter. The standard forms 30 shall include language in fourteen point boldface type. 31 Standard forms prescribed by the judicial branch shall 32 be the exclusive forms used by plaintiffs proceeding 33 pro se under this chapter. The judicial branch shall 34 distribute the forms to the clerks of the district 35 courts. 36 2. The clerk of the district court shall furnish 37 the required forms to persons seeking protective orders 38 through pro se proceedings pursuant to this chapter. 39 Sec. 4. NEW SECTION . 235F.4 Appointment of 40 guardian ad litem. 41 The court may on its own motion or on the motion of 42 a party appoint a guardian ad litem for a vulnerable 43 elder if justice requires. The vulnerable elder’s 44 attorney shall not also serve as the guardian ad litem. 45 Sec. 5. NEW SECTION . 235F.5 Hearings —— temporary 46 orders. 47 1. Not less than five and not more than fifteen 48 days after commencing a proceeding and upon notice to 49 the other party, a hearing shall be held at which the 50 -4- SF2239.3297 (3) 85 pf/rj 4/ 18

plaintiff must prove the allegation of elder abuse by a 1 preponderance of the evidence. 2 2. The court may enter any temporary order it deems 3 necessary to protect the vulnerable elder from elder 4 abuse prior to the hearing, upon good cause shown in 5 an ex parte proceeding. Present danger of elder abuse 6 constitutes good cause for purposes of this subsection. 7 3. If a hearing is continued, the court may make or 8 extend any temporary order under subsection 2 that it 9 deems necessary. 10 4. Upon application of a party, the court shall 11 issue subpoenas requiring attendance and testimony of 12 witnesses and production of papers. 13 5. The court shall advise the defendant of a 14 right to be represented by counsel of the defendant’s 15 choosing and to have a continuance to secure counsel. 16 6. The showing required under subsection 1 may be 17 made by, but is not limited to the testimony at the 18 hearing of, any of the following: 19 a. The vulnerable elder. 20 b. The guardian, conservator, attorney in fact, or 21 guardian ad litem of the vulnerable elder. 22 c. Witnesses to the elder abuse. 23 d. Adult protective services workers who have 24 conducted an investigation. 25 7. The court shall exercise its discretion in 26 a manner that protects the vulnerable elder from 27 traumatic confrontation with the defendant. 28 8. Hearings shall be recorded. 29 Sec. 6. NEW SECTION . 235F.6 Disposition. 30 1. Upon a finding that the defendant has engaged 31 in elder abuse, the court may, if requested by the 32 plaintiff, order any of the following: 33 a. That the defendant be required to move from 34 the residence of the vulnerable elder if both the 35 vulnerable elder and the defendant are titleholders or 36 contract holders of record of the real property, are 37 named as tenants in the rental agreement concerning the 38 use and occupancy of the dwelling unit, or are married 39 to each other. 40 b. That the defendant provide suitable alternative 41 housing for the vulnerable elder. 42 c. That a peace officer accompany the party who is 43 leaving or has left the party’s residence to remove 44 essential personal effects of the party. 45 d. That the defendant be restrained from abusing, 46 intimidating, molesting, interfering with, or 47 menacing the vulnerable elder, or attempting to abuse, 48 intimidate, molest, interfere with, or menace the 49 vulnerable elder. 50 -5- SF2239.3297 (3) 85 pf/rj 5/ 18

e. That the defendant be restrained from entering 1 or attempting to enter on any premises when it appears 2 to the court that such restraint is necessary to 3 prevent the defendant from abusing, intimidating, 4 molesting, interfering with, or menacing the vulnerable 5 elder. 6 f. That the defendant be restrained from exercising 7 any powers on behalf of the vulnerable elder through a 8 court-appointed guardian, conservator, or guardian ad 9 litem, an attorney in fact, or another third party. 10 g. In addition to the relief provided in subsection 11 2, other relief that the court considers necessary to 12 provide for the safety and welfare of the vulnerable 13 elder. 14 2. If the court finds that the vulnerable elder has 15 been the victim of financial exploitation, the court 16 may order the relief the court considers necessary to 17 prevent or remedy the financial exploitation, including 18 but not limited to any of the following: 19 a. Directing the defendant to refrain from 20 exercising control over the funds, benefits, property, 21 resources, belongings, or assets of the vulnerable 22 elder. 23 b. Requiring the defendant to return custody or 24 control of the funds, benefits, property, resources, 25 belongings, or assets to the vulnerable elder. 26 c. Requiring the defendant to follow the 27 instructions of the guardian, conservator, or attorney 28 in fact of the vulnerable elder. 29 d. Prohibiting the defendant from transferring the 30 funds, benefits, property, resources, belongings, or 31 assets of the vulnerable elder to any person other than 32 the vulnerable elder. 33 3. The court shall not use an order issued under 34 this section to do any of the following: 35 a. To allow any person other than the vulnerable 36 elder to assume responsibility for the funds, benefits, 37 property, resources, belongings, or assets of the 38 vulnerable elder. 39 b. For relief that is more appropriately obtained 40 in a protective proceeding filed under chapter 633 41 including but not limited to giving control and 42 management of the funds, benefits, property, resources, 43 belongings, or assets of the vulnerable elder to a 44 guardian, conservator, or attorney in fact for any 45 purpose other than the relief granted under subsection 46 2. 47 4. The court may approve a consent agreement 48 between the parties entered to bring about the 49 cessation of elder abuse. A consent agreement approved 50 -6- SF2239.3297 (3) 85 pf/rj 6/ 18

under this section shall not contain any of the 1 following: 2 a. A provision that prohibits any party to the 3 action from contacting or cooperating with any 4 government agency including the department of human 5 services, the department of inspections and appeals, 6 the department on aging, the department of justice, 7 law enforcement, and the office of long-term care 8 ombudsman; a licensing or regulatory agency that has 9 jurisdiction over any license or certification held 10 by the defendant; a protection and advocacy agency 11 recognized in section 135C.2; or the defendant’s 12 current employer if the defendant’s professional 13 responsibilities include contact with vulnerable 14 elders, dependent adults, or minors, if the party 15 contacting or cooperating has a good-faith belief 16 that the information is relevant to the duties or 17 responsibilities of the entity. 18 b. A provision that prohibits any party to the 19 action from filing a complaint with or reporting a 20 violation of law to any government agency including 21 the department of human services, the department of 22 inspections and appeals, the department on aging, the 23 department of justice, law enforcement, and the office 24 of long-term care ombudsman; a licensing or regulatory 25 agency that has jurisdiction over any license or 26 certification held by the defendant; a protection and 27 advocacy agency recognized in section 135C.2; or the 28 defendant’s current employer. 29 c. A provision that requires any party to the 30 action to withdraw a complaint filed with or a 31 violation reported to any government agency including 32 the department of human services, the department of 33 inspections and appeals, the department on aging, the 34 department of justice, law enforcement, and the office 35 of long-term care ombudsman; a licensing or regulatory 36 agency that has jurisdiction over any license or 37 certification held by the defendant; a protection and 38 advocacy agency recognized in section 135C.2; or the 39 defendant’s current employer. 40 5. A protective order or approved consent agreement 41 shall be for a fixed period of time not to exceed one 42 year. The court may amend or extend its order or a 43 consent agreement at any time upon a petition filed by 44 either party and after notice and hearing. The court 45 may extend the order if the court, after hearing at 46 which the defendant has the opportunity to be heard, 47 finds that the defendant continues to pose a threat to 48 the safety of the vulnerable elder, persons residing 49 with the vulnerable elder, or members of the vulnerable 50 -7- SF2239.3297 (3) 85 pf/rj 7/ 18

elder’s immediate family, or continues to present a 1 risk of financial exploitation of the vulnerable elder. 2 The number of extensions that may be granted by the 3 court is not limited. 4 6. The order shall state whether a person is to be 5 taken into custody by a peace officer for a violation 6 of the terms stated in the order. 7 7. The court may order that the defendant pay the 8 attorney fees and court costs. 9 8. An order or approved consent agreement under 10 this section shall not affect title to real property. 11 9. A copy of any order or approved consent 12 agreement shall be issued to the plaintiff, the 13 defendant, the county sheriff of the county in which 14 the order or consent decree is initially entered, and 15 the twenty-four-hour dispatcher for the county sheriff. 16 Any subsequent amendment or revocation of an order or 17 consent agreement shall be forwarded by the clerk to 18 all individuals previously notified. 19 10. The clerk shall notify the county sheriff and 20 the twenty-four-hour dispatcher for the county sheriff 21 in writing so that the county sheriff and the county 22 sheriff’s dispatcher receive written notice within six 23 hours of filing the order, approved consent agreement, 24 amendment, or revocation. The clerk may fulfill this 25 requirement by sending the notice by facsimile or other 26 electronic transmission which reproduces the notice in 27 writing within six hours of filing the order. 28 11. The county sheriff’s dispatcher shall notify 29 all law enforcement agencies having jurisdiction over 30 the matter and the twenty-four-hour dispatcher for 31 the law enforcement agencies upon notification by the 32 clerk. 33 Sec. 7. NEW SECTION . 235F.7 Emergency orders. 34 1. When the court is unavailable from the close 35 of business at the end of the day or week to the 36 resumption of business at the beginning of the day or 37 week, a petition may be filed before a district judge, 38 or district associate judge designated by the chief 39 judge of the judicial district, who may grant emergency 40 relief in accordance with section 235F.6, subsection 1 41 or 2, if the district judge or district associate judge 42 deems it necessary to protect the vulnerable elder 43 from elder abuse, upon good cause shown in an ex parte 44 proceeding. Present danger of elder abuse constitutes 45 good cause for purposes of this subsection. 46 2. An emergency order issued under subsection 1 47 shall expire seventy-two hours after issuance. When 48 the order expires, the plaintiff may seek a temporary 49 order from the court pursuant to section 235F.5. 50 -8- SF2239.3297 (3) 85 pf/rj 8/ 18

3. A petition filed and emergency order issued 1 under this section and any documentation in support of 2 the petition and order shall be immediately certified 3 to the court. The certification shall commence a 4 proceeding for purposes of section 235F.2. 5 Sec. 8. NEW SECTION . 235F.8 Procedure. 6 1. A proceeding under this chapter shall be held in 7 accordance with the rules of civil procedure, except 8 as otherwise set forth in this chapter and in chapter 9 664A, and is in addition to any other civil or criminal 10 remedy. 11 2. The plaintiff’s right to relief under this 12 chapter is not affected by leaving the vulnerable 13 elder’s home to avoid elder abuse. 14 DIVISION II 15 FINANCIAL EXPLOITATION OF VULNERABLE ELDERS 16 Sec. 9. NEW SECTION . 726.24 Financial exploitation 17 of a vulnerable elder. 18 1. A person commits financial exploitation of a 19 vulnerable elder when the person stands in a position 20 of trust or confidence with the vulnerable elder and 21 knowingly and by undue influence, deception, coercion, 22 fraud, or extortion, obtains control over or otherwise 23 uses the benefits, property, resources, belongings, or 24 assets of the vulnerable elder for the person’s own 25 benefit or gain. 26 2. A person who commits financial exploitation 27 of a vulnerable elder is guilty of the following, as 28 applicable: 29 a. Financial exploitation in the fifth degree which 30 is a simple misdemeanor if the value of the funds, 31 benefits, property, resources, belongings, or assets is 32 two hundred dollars or less. 33 b. Financial exploitation in the fourth degree 34 which is a serious misdemeanor if the value of the 35 funds, benefits, property, resources, belongings, or 36 assets exceeds two hundred dollars but does not exceed 37 five hundred dollars. 38 c. Financial exploitation in the third degree which 39 is an aggravated misdemeanor if the value of the funds, 40 benefits, property, resources, belongings, or assets 41 exceeds five hundred dollars but does not exceed one 42 thousand dollars. 43 d. Financial exploitation in the second degree 44 which is a class “D” felony if the value of the funds, 45 benefits, property, resources, belongings, or assets 46 exceeds one thousand dollars but does not exceed ten 47 thousand dollars. 48 e. Financial exploitation in the first degree 49 which is a class “C” felony if the value of the funds, 50 -9- SF2239.3297 (3) 85 pf/rj 9/ 18

benefits, property, resources, belongings, or assets 1 exceeds ten thousand dollars. 2 3. Nothing in this section shall be construed to 3 impose criminal liability on a person who has made a 4 good-faith effort to assist a vulnerable elder in the 5 management of the vulnerable elder’s funds, benefits, 6 property, resources, belongings, or assets, but through 7 no fault of the person, the person has been unable to 8 provide such assistance or does not achieve the results 9 sought by the vulnerable elder. 10 4. For the purposes of this section: 11 a. “Coercion” means communication or conduct which 12 unduly compels a vulnerable elder to act or refrain 13 from acting against the vulnerable elder’s will and 14 against the vulnerable elder’s best interests. 15 b. “Stands in a position of trust or confidence” 16 means the person has any of the following relationships 17 relative to the vulnerable elder: 18 (1) Is a parent, spouse, adult child, or other 19 relative by consanguinity or affinity of the vulnerable 20 elder. 21 (2) Is a caretaker for the vulnerable elder other 22 than a facility or person governed by chapter 235E. 23 (3) Is a person who is in a confidential 24 relationship with the vulnerable elder. 25 c. “Undue influence” means taking advantage of a 26 person’s role, relationship, or authority to improperly 27 change or obtain control over the actions or decision 28 making of a vulnerable elder against the vulnerable 29 elder’s best interests. 30 d. “Vulnerable elder” means the same as defined in 31 section 235F.1. 32 Sec. 10. CODE EDITOR DIRECTIVES. The Code editor 33 shall create a new subchapter in chapter 726, entitled 34 “protection of vulnerable elders” that includes section 35 726.24, as enacted in this Act. 36 DIVISION III 37 CONFORMING AMENDMENTS 38 Sec. 11. Section 13.2, subsection 1, Code 2014, is 39 amended by adding the following new paragraph: 40 NEW PARAGRAPH . o. Develop written procedures and 41 policies to be followed by prosecuting attorneys in the 42 prosecution of elder abuse and financial exploitation 43 of a vulnerable elder under chapter 235F and section 44 726.24. 45 Sec. 12. Section 13.31, subsection 3, Code 2014, is 46 amended to read as follows: 47 3. Administer the domestic abuse program provided 48 in chapter 236 and elder abuse actions commenced under 49 chapter 235F . 50 -10- SF2239.3297 (3) 85 pf/rj 10/ 18

Sec. 13. Section 135B.7, Code 2014, is amended by 1 adding the following new subsection: 2 NEW SUBSECTION . 5. The department shall also adopt 3 rules requiring hospitals to establish and implement 4 protocols for responding to the needs of patients who 5 are victims of elder abuse, as defined in section 6 235F.1. 7 Sec. 14. Section 232.8, subsection 1, Code 2014, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . e. The juvenile court shall have 10 jurisdiction in proceedings commenced against a child 11 pursuant to section 235F.2 over which the district 12 court has waived its jurisdiction. The juvenile court 13 shall hear the action in the manner of an adjudicatory 14 hearing under section 232.47, subject to the following: 15 (1) The juvenile court shall abide by the 16 provisions of sections 235F.5 and 235F.6 in holding 17 hearings and making a disposition. 18 (2) The plaintiff is entitled to proceed pro se 19 under section 235F.3. 20 Sec. 15. Section 232.22, subsection 1, Code 2014, 21 is amended by adding the following new paragraph: 22 NEW PARAGRAPH . h. There is probable cause to 23 believe that the child has committed a delinquent 24 act which would be elder abuse under chapter 235F if 25 committed by an adult. 26 Sec. 16. Section 232.52, subsection 2, Code 2014, 27 is amended by adding the following new paragraph: 28 NEW PARAGRAPH . i. In the case of a child 29 adjudicated delinquent for an act which would be a 30 violation of chapter 235F if committed by an adult, 31 an order requiring the child to attend a batterers’ 32 treatment program under section 708.2B. 33 Sec. 17. Section 331.424, subsection 1, paragraph 34 a, subparagraph (6), Code 2014, is amended to read as 35 follows: 36 (6) The maintenance and operation of the courts, 37 including but not limited to the salary and expenses 38 of the clerk of the district court and other employees 39 of the clerk’s office, and bailiffs, court costs 40 if the prosecution fails or if the costs cannot be 41 collected from the person liable, costs and expenses 42 of prosecution under section 189A.17 , salaries and 43 expenses of juvenile court officers under chapter 602 , 44 court-ordered costs in domestic abuse cases under 45 section 236.5 and elder abuse cases under section 46 235F.6 , the county’s expense for confinement of 47 prisoners under chapter 356A , temporary assistance 48 to the county attorney, county contributions to a 49 retirement system for bailiffs, reimbursement for 50 -11- SF2239.3297 (3) 85 pf/rj 11/ 18

judicial magistrates under section 602.6501 , claims 1 filed under section 622.93 , interpreters’ fees under 2 section 622B.7 , uniform citation and complaint supplies 3 under section 805.6 , and costs of prosecution under 4 section 815.13 . 5 Sec. 18. Section 562A.27A, subsection 3, paragraph 6 a, subparagraph (1), Code 2014, is amended to read as 7 follows: 8 (1) The tenant seeks a protective order, 9 restraining order, order to vacate the homestead, or 10 other similar relief pursuant to chapter 235F, 236 , 11 598 , 664A , or 915 , or any other applicable provision 12 which would apply to the person conducting the 13 activities causing the clear and present danger. 14 Sec. 19. Section 562B.25A, subsection 3, paragraph 15 a, subparagraph (1), Code 2014, is amended to read as 16 follows: 17 (1) The tenant seeks a protective order, 18 restraining order, order to vacate the homestead, or 19 other similar relief pursuant to chapter 235F, 236 , 20 598 , 664A , or 915 , or any other applicable provision 21 which would apply to the person conducting the 22 activities causing the clear and present danger. 23 Sec. 20. Section 598.7, subsection 1, Code 2014, is 24 amended to read as follows: 25 1. The district court may, on its own motion or 26 on the motion of any party, order the parties to 27 participate in mediation in any dissolution of marriage 28 action or other domestic relations action. Mediation 29 performed under this section shall comply with the 30 provisions of chapter 679C . The provisions of this 31 section shall not apply if the action involves a child 32 support or medical support obligation enforced by 33 the child support recovery unit. The provisions of 34 this section shall not apply to actions which involve 35 elder abuse as defined in section 235F.1 or domestic 36 abuse pursuant to chapter 236 . The provisions of 37 this section shall not affect a judicial district’s 38 or court’s authority to order settlement conferences 39 pursuant to rules of civil procedure. The court shall, 40 on application of a party, grant a waiver from any 41 court-ordered mediation under this section if the party 42 demonstrates that a history of domestic abuse exists as 43 specified in section 598.41, subsection 3 , paragraph 44 “j” . 45 Sec. 21. Section 598.16, subsection 7, Code 2014, 46 is amended to read as follows: 47 7. Upon application, the court shall grant a waiver 48 from the requirements of this section if a party 49 demonstrates that a history of elder abuse, as defined 50 -12- SF2239.3297 (3) 85 pf/rj 12/ 18

in section 235F.1, or domestic abuse, as defined in 1 section 236.2 , exists. 2 a. In determining whether a history of elder abuse 3 exists, the court’s consideration shall include but 4 is not limited to commencement of an action pursuant 5 to section 235F.2, the issuance of a court order or 6 consent agreement pursuant to section 235F.6, the 7 issuance of an emergency order pursuant to section 8 235F.7, the holding of a party in contempt pursuant to 9 section 664A.7, the response of a peace officer to the 10 scene of alleged elder abuse, or the arrest of a party 11 following response to a report of alleged elder abuse. 12 b. In determining whether a history of domestic 13 abuse exists, the court’s consideration shall include 14 but is not limited to commencement of an action 15 pursuant to section 236.3 , the issuance of a protective 16 order against a party or the issuance of a court order 17 or consent agreement pursuant to section 236.5 , the 18 issuance of an emergency order pursuant to section 19 236.6 , the holding of a party in contempt pursuant 20 to section 664A.7 , the response of a peace officer 21 to the scene of alleged domestic abuse or the arrest 22 of a party following response to a report of alleged 23 domestic abuse, or a conviction for domestic abuse 24 assault pursuant to section 708.2A . 25 Sec. 22. Section 598.41, subsection 3, paragraph j, 26 Code 2014, is amended to read as follows: 27 j. Whether a history of elder abuse, as defined in 28 section 235F.1 or domestic abuse, as defined in section 29 236.2 , exists. 30 (1) In determining whether a history of elder abuse 31 exists, the court’s consideration shall include but 32 is not limited to commencement of an action pursuant 33 to section 235F.2, the issuance of a court order or 34 consent agreement pursuant to section 235F.6, the 35 issuance of an emergency order pursuant to section 36 235F.7, the holding of a party in contempt pursuant to 37 section 664A.7, the response of a peace officer to the 38 scene of alleged elder abuse or the arrest of a party 39 following response to a report of alleged elder abuse. 40 (2) In determining whether a history of domestic 41 abuse exists, the court’s consideration shall include 42 but is not limited to commencement of an action 43 pursuant to section 236.3 , the issuance of a protective 44 order against the parent or the issuance of a court 45 order or consent agreement pursuant to section 236.5 , 46 the issuance of an emergency order pursuant to section 47 236.6 , the holding of a parent in contempt pursuant 48 to section 664A.7 , the response of a peace officer to 49 the scene of alleged domestic abuse or the arrest of 50 -13- SF2239.3297 (3) 85 pf/rj 13/ 18

a parent following response to a report of alleged 1 domestic abuse, or a conviction for domestic abuse 2 assault pursuant to section 708.2A . 3 Sec. 23. Section 598.41D, subsection 4, paragraph 4 b, subparagraph (2), Code 2014, is amended to read as 5 follows: 6 (2) That the specified family member does not have 7 a history of elder abuse, as defined in section 235F.1 8 or domestic abuse, as defined in section 236.2 . 9 (a) In determining whether a history of elder abuse 10 exists, the court’s consideration shall include but 11 is not limited to commencement of an action pursuant 12 to section 235F.2, the issuance of a court order or 13 consent agreement pursuant to section 235F.6, the 14 issuance of an emergency order pursuant to section 15 235F.7, the holding of a party in contempt pursuant to 16 section 664A.7, the response of a peace officer to the 17 scene of alleged elder abuse or the arrest of a party 18 following response to a report of alleged elder abuse. 19 (b) In determining whether a history of domestic 20 abuse exists, the court’s consideration shall include 21 but is not limited to commencement of an action 22 pursuant to section 236.3 , the issuance of a protective 23 order against the individual or the issuance of a 24 court order or consent agreement pursuant to section 25 236.5 , the issuance of an emergency order pursuant to 26 section 236.6 , the holding of an individual in contempt 27 pursuant to section 664A.7 , the response of a peace 28 officer to the scene of alleged domestic abuse or the 29 arrest of an individual following response to a report 30 of alleged domestic abuse, or a conviction for domestic 31 abuse assault pursuant to section 708.2A . 32 Sec. 24. Section 598.42, Code 2014, is amended to 33 read as follows: 34 598.42 Notice of certain orders by clerk of court. 35 The clerk of the district court shall provide notice 36 and copies of temporary or permanent protective orders 37 and orders to vacate the homestead entered pursuant 38 to this chapter to the applicable law enforcement 39 agencies and the twenty-four hour dispatcher for the 40 law enforcement agencies, in the manner provided for 41 protective orders under section 235F.6 or 236.5 . The 42 clerk shall provide notice and copies of modifications 43 or vacations of these orders in the same manner. 44 Sec. 25. Section 602.6306, subsection 2, Code 2014, 45 is amended to read as follows: 46 2. District associate judges also have jurisdiction 47 in civil actions for money judgment where the amount 48 in controversy does not exceed ten thousand dollars; 49 jurisdiction over involuntary commitment, treatment, 50 -14- SF2239.3297 (3) 85 pf/rj 14/ 18

or hospitalization proceedings under chapters 125 and 1 229 ; jurisdiction of indictable misdemeanors, class 2 “D” felony violations, and other felony arraignments; 3 jurisdiction to enter a temporary or emergency order of 4 protection under chapter 235F or 236 , and to make court 5 appointments and set hearings in criminal matters; 6 jurisdiction to enter orders in probate which do not 7 require notice and hearing and to set hearings in 8 actions under chapter 633 or 633A ; and the jurisdiction 9 provided in section 602.7101 when designated as a 10 judge of the juvenile court. While presiding in these 11 subject matters a district associate judge shall employ 12 district judges’ practice and procedure. 13 Sec. 26. Section 611.23, Code 2014, is amended to 14 read as follows: 15 611.23 Civil actions involving allegations of elder 16 abuse, sexual abuse , or domestic abuse —— counseling. 17 In a civil case in which a plaintiff is seeking 18 relief or damages for alleged elder abuse as defined 19 in section 235F.1, sexual abuse as defined in section 20 709.1 , or domestic abuse as defined in section 236.2 , 21 the plaintiff may seek, and the court may grant, an 22 order requiring the defendant to receive professional 23 counseling, in addition to any other appropriate relief 24 or damages. 25 Sec. 27. Section 664A.1, subsection 2, Code 2014, 26 is amended to read as follows: 27 2. “Protective order” means a protective order 28 issued pursuant to chapter 232 , a court order or 29 court-approved consent agreement entered pursuant 30 to this chapter or chapter 235F, a court order or 31 court-approved consent agreement entered pursuant to 32 chapter 236 , including a valid foreign protective 33 order under section 236.19, subsection 3 , a temporary 34 or permanent protective order or order to vacate 35 the homestead under chapter 598 , or an order that 36 establishes conditions of release or is a protective 37 order or sentencing order in a criminal prosecution 38 arising from a domestic abuse assault under section 39 708.2A , or a civil injunction issued pursuant to 40 section 915.22 . 41 Sec. 28. Section 664A.2, subsection 2, Code 2014, 42 is amended to read as follows: 43 2. A protective order issued in a civil proceeding 44 shall be issued pursuant to chapter 232 , 235F, 45 236 , 598 , or 915 . Punishment for a violation of a 46 protective order shall be imposed pursuant to section 47 664A.7 . 48 Sec. 29. Section 664A.4, subsection 2, Code 2014, 49 is amended to read as follows: 50 -15- SF2239.3297 (3) 85 pf/rj 15/ 18