Senate File 438 - Enrolled




                                             SENATE FILE 438

                             AN ACT
 RELATING TO ACTIONS INJURIOUS TO DEPENDENT ADULTS AND
    PROVIDING PENALTIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235B.2, subsection 5, paragraph a,
 subparagraph (3), Code 2009, is amended to read as follows:
    (3)  (a)  Sexual exploitation of a dependent adult by a
 caretaker.
    (b)  "Sexual exploitation" means any consensual or
 nonconsensual sexual conduct with a dependent adult for the
 purpose of arousing or satisfying the sexual desires of the
 caretaker or dependent adult, which includes but is not
 limited to kissing; touching of the clothed or unclothed inner
 thigh, breast, groin, buttock, anus, pubes, or genitals; or a
 sex act, as defined in section 702.17.  "Sexual exploitation"
 includes the transmission, display, taking of electronic
 images of the unclothed breast, groin, buttock, anus, pubes,
 or genitals of a dependent adult by a caretaker for a purpose
 not related to treatment or diagnosis or as part of an ongoing
 assessment, evaluation, or investigation.  Sexual exploitation
 does not include touching which is part of a necessary
 examination, treatment, or care by a caretaker acting within
 the scope of the practice or employment of the caretaker; the
 exchange of a brief touch or hug between the dependent adult
 and a caretaker for the purpose of reassurance, comfort, or
 casual friendship; or touching between spouses.
    Sec. 2.  Section 235B.17, Code 2009, is amended to read as
 follows:
    235B.17  PROVISION OF PROTECTIVE SERVICES WITH THE CONSENT
 OF DEPENDENT ADULT == CARETAKER REFUSAL.
    1.  If a caretaker of a dependent adult, who consents to
 the receipt of protective services, refuses to allow provision
 of the services, the department may petition the court with
 probate jurisdiction in the county in which the dependent
 adult resides for an order enjoining the caretaker from
 interfering with the provision of services.
    2.  The petition shall be verified and shall allege
 specific facts sufficient to demonstrate that the dependent
 adult is in need of protective services and consents to the
 provision of services and that the caretaker refuses to allow
 provision of the services.  The petition shall include all of
 the following:
    a.  The name, date of birth, and address of the dependent
 adult alleged to be in need of protective services.
    b.  The protective services required.
    c.  The name and address of the caretaker refusing to allow
 the provision of services.
    3.  The court shall set the case for hearing within
 fourteen days of the filing of the petition.  The dependent
 adult and the caretaker refusing to allow the provision of
 services shall receive at least five days' notice of the
 hearing.
    4.  If the judge finds by clear and convincing evidence
 that the dependent adult is in need of protective services and
 consents to the services and that the caretaker refuses to
 allow the services, the judge may issue an order enjoining the
 caretaker from interfering with the provision of the
 protective services.
    Sec. 3.  Section 235B.18, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  1A.  The petition specified in subsection
 1 shall be verified and shall include all of the following:
    a.  The name, date of birth, and address of the dependent
 adult alleged to be in need of protective services.
    b.  The nature of the dependent adult abuse.
    c.  The protective services required.
    Sec. 4.  Section 235B.20, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  6A.  A caretaker who otherwise
 intentionally or knowingly commits dependent adult abuse upon
 a dependent adult in violation of this chapter is guilty of a
 serious misdemeanor.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 438, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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