Senate File 426 S-3218 Amend Senate File 426 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 235B.2, subsection 5, paragraph a, Code 4 2019, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (4) (a) Personal degradation of a 6 dependent adult by a caretaker. 7 (b) (i) “Personal degradation” means a willful act or 8 statement by a caretaker intended to shame, degrade, humiliate, 9 or otherwise harm the personal dignity of a dependent adult, or 10 where the caretaker knew or reasonably should have known the 11 act or statement would cause shame, degradation, humiliation, 12 or harm to the personal dignity of a reasonable person. 13 “Personal degradation” includes the taking, transmission, 14 or display of an electronic image of a dependent adult by a 15 caretaker, where the caretaker’s actions constitute a willful 16 act or statement intended to shame, degrade, humiliate, or 17 otherwise harm the personal dignity of the dependent adult, or 18 where the caretaker knew or reasonably should have known the 19 act would cause shame, degradation, humiliation, or harm to the 20 personal dignity of a reasonable person. 21 (ii) “Personal degradation” does not include any of the 22 following: 23 (A) The taking, transmission, or display of an electronic 24 image of a dependent adult for the purpose of reporting 25 dependent adult abuse to law enforcement, the department, 26 or any other regulatory agency that oversees caretakers or 27 enforces abuse or neglect provisions, or for the purpose of 28 treatment or diagnosis or as part of an ongoing investigation. 29 (B) The taking, transmission, or display of an electronic 30 image by a caretaker who takes, transmits, or displays the 31 electronic image in accordance with the confidentiality policy 32 and release of information or consent policies of a contractor, 33 employer, or facility or program not covered under section 34 235E.1, subsection 5, paragraph “a” , subparagraph (3). 35 -1- SF426.2345 (2) 88 (amending this SF 426 to CONFORM to HF 569) hb/rh 1/ 2 #1.

(C) A statement by a caretaker who is the spouse of a 1 dependent adult that is not intended to shame, degrade, 2 humiliate, or otherwise harm the personal dignity of the 3 dependent adult spouse. 4 Sec. 2. Section 235B.3, subsection 1, paragraph c, Code 5 2019, is amended to read as follows: 6 c. A report of dependent adult abuse that meets the 7 definition of dependent adult abuse under section 235B.2, 8 subsection 5 , paragraph “a” , subparagraph (1), subparagraph 9 division (a) or (d), or section 235B.2, subsection 5, paragraph 10 “a” , subparagraph (4), which the department determines is 11 minor, isolated, and unlikely to reoccur shall be collected 12 and maintained by the department as an assessment only for 13 a five-year period and shall not be included in the central 14 registry and shall not be considered to be founded dependent 15 adult abuse. However, a subsequent report of dependent adult 16 abuse that meets the definition of dependent adult abuse under 17 section 235B.2, subsection 5 , paragraph “a” , subparagraph 18 (1), subparagraph division (a) or (d), or section 235B.2, 19 subsection 5, paragraph “a” , subparagraph (4), that occurs 20 within the five-year period and that is committed by the 21 caretaker responsible for the act or omission which was the 22 subject of the previous report of dependent adult abuse which 23 the department determined was minor, isolated, and unlikely to 24 reoccur shall not be considered minor, isolated, and unlikely 25 to reoccur. > 26 2. Title page, by striking lines 1 through 4 and inserting 27 < An Act relating to personal degradation of a dependent adult 28 as a form of dependent adult abuse by a caretaker regulated 29 by the department of human services, and making penalties 30 applicable. > 31 ______________________________ JAKE CHAPMAN -2- SF426.2345 (2) 88 (amending this SF 426 to CONFORM to HF 569) hb/rh 2/ 2 #2.