House File 156 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to dependent adult abuse and providing criminal
2 penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2111HH 81
5 rh/pj/5
PAG LIN
1 1 Section 1. Section 235B.1, subsection 4, paragraph a,
1 2 subparagraph (1), Code 2005, is amended to read as follows:
1 3 (1) Advise the director of human services, the director of
1 4 elder affairs, the director of inspections and appeals, the
1 5 director of public health, the director of the department of
1 6 corrections, and the director of human rights regarding
1 7 departments charged with the responsibility of addressing
1 8 dependent adult abuse.
1 9 Sec. 2. Section 235B.2, subsection 5, paragraph a,
1 10 subparagraph (1), unnumbered paragraph 1, Code 2005, is
1 11 amended to read as follows:
1 12 Any of the following as a result of the willful or
1 13 negligent acts or omissions of a caretaker person:
1 14 Sec. 3. Section 235B.2, subsection 5, paragraph a, Code
1 15 2005, is amended by adding the following new subparagraph:
1 16 NEW SUBPARAGRAPH. (4) Any mental injury to a dependent
1 17 adult's intellectual or psychological capacity as evidenced by
1 18 an observable and substantial impairment in the dependent
1 19 adult's ability to function within the dependent adult's
1 20 normal range of performance and behavior as the result of the
1 21 acts or omissions of a person, if the impairment is diagnosed
1 22 and confirmed by a licensed physician or qualified mental
1 23 health professional as defined in section 622.10.
1 24 Sec. 4. Section 235B.2, subsection 5, paragraph b,
1 25 subparagraph (2), Code 2005, is amended to read as follows:
1 26 (2) Circumstances in which the dependent adult's caretaker
1 27 a person, acting in accordance with the dependent adult's
1 28 stated or implied consent, declines medical treatment on
1 29 behalf of the dependent adult if the dependent adult holds a
1 30 belief or is an adherent of a religion whose tenets and
1 31 practices call for reliance on spiritual means in place of
1 32 reliance on medical treatment.
1 33 Sec. 5. Section 235B.20, subsections 2 through 8, Code
1 34 2005, are amended to read as follows:
1 35 2. A caretaker person who intentionally commits dependent
2 1 adult abuse on a dependent adult in violation of this chapter
2 2 is guilty of a class "C" felony if the intentional dependent
2 3 adult abuse results in serious injury.
2 4 3. A caretaker person who recklessly commits dependent
2 5 adult abuse on a dependent adult in violation of this chapter
2 6 is guilty of a class "D" felony if the reckless dependent
2 7 adult abuse results in serious injury.
2 8 4. A caretaker person who intentionally commits dependent
2 9 adult abuse on a dependent adult in violation of this chapter
2 10 is guilty of a class "C" felony if the intentional dependent
2 11 adult abuse results in physical injury.
2 12 5. A caretaker person who commits dependent adult abuse by
2 13 exploiting a dependent adult in violation of this chapter is
2 14 guilty of a class "D" felony if the value of the property,
2 15 assets, or resources exceeds one hundred dollars.
2 16 6. A caretaker person who recklessly commits dependent
2 17 adult abuse on a person in violation of this chapter is guilty
2 18 of an aggravated misdemeanor if the reckless dependent adult
2 19 abuse results in physical injury.
2 20 7. A caretaker person who commits dependent adult abuse by
2 21 exploiting a dependent adult in violation of this chapter is
2 22 guilty of a simple misdemeanor if the value of the property,
2 23 assets, or resources is one hundred dollars or less.
2 24 8. A caretaker person alleged to have committed a
2 25 violation of this chapter shall be charged with the respective
2 26 offense cited, unless a charge may be brought based upon a
2 27 more serious offense, in which case the charge of the more
2 28 serious offense shall supersede the less serious charge.
2 29 EXPLANATION
2 30 This bill relates to dependent adult abuse and provides
2 31 criminal penalties.
2 32 The bill provides that the dependent adult abuse advisory
2 33 council is to advise not only the director of human services
2 34 and the administrator of the division of child and family
2 35 services regarding dependent adult abuse, but is to advise the
3 1 departments charged with addressing dependent adult abuse.
3 2 The bill expands the definition of who may commit dependent
3 3 adult abuse to include any person who willfully or negligently
3 4 acts or fails to act in a certain manner in regard to a
3 5 dependent adult. Current law limits such a person to a
3 6 caretaker, defined in Code section 235B.2, as a related or
3 7 nonrelated person who has the responsibility for the
3 8 protection, care, or custody of a dependent adult as a result
3 9 of assuming the responsibility voluntarily, by contract,
3 10 through employment, or by order of the court.
3 11 The bill further expands the definition of dependent adult
3 12 abuse to include any mental injury to a dependent adult's
3 13 intellectual or psychological capacity.
3 14 The bill provides that a person who commits the crime of
3 15 dependent adult abuse commits a class "C" felony, a class "D"
3 16 felony, an aggravated misdemeanor, or a simple misdemeanor,
3 17 depending on the respective offense. A class "C" felony is
3 18 punishable by confinement for no more than 10 years and a fine
3 19 of at least $1,000 but not more than $10,000. A class "D"
3 20 felony is punishable by confinement for no more than five
3 21 years and a fine of at least $750 but not more than $7,500.
3 22 An aggravated misdemeanor is punishable by confinement for no
3 23 more than two years and a fine of at least $500 but not more
3 24 than $5,000. A simple misdemeanor is punishable by
3 25 confinement for no more than 30 days or a fine of at least $50
3 26 but not more than $500 or by both.
3 27 LSB 2111HH 81
3 28 rh:rj/pj/5