House File 157 - 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 penalties.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2114HH 81
4 rh/pj/5
PAG LIN
1 1 Section 1. Section 235B.19, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. If the department determines that a dependent adult is
1 4 suffering from dependent adult abuse which presents an
1 5 immediate danger to the health or safety of the dependent
1 6 adult, that the dependent adult lacks capacity to consent to
1 7 receive protective services, and that no consent can be
1 8 obtained, the department may petition the district court with
1 9 probate jurisdiction in the county in which the dependent
1 10 adult resides for an emergency order authorizing protective
1 11 services.
1 12 Sec. 2. Section 235B.19, subsection 6, unnumbered
1 13 paragraph 1, Code 2005, is amended to read as follows:
1 14 The department, upon finding that dependent adult abuse has
1 15 occurred and is either ongoing or is likely to reoccur, may
1 16 petition the district court in the county in which the
1 17 dependent adult resides for injunctive relief against the
1 18 alleged perpetrator. The petition shall conform to the
1 19 requirements of subsection 2 and shall specify the relief
1 20 sought. Upon finding that dependent adult abuse has occurred
1 21 and that the abuse is either ongoing or likely to reoccur, the
1 22 court may also enter temporary orders as may be appropriate to
1 23 third persons enjoining them from specific conduct. The
1 24 orders may include temporary restraining orders which impose
1 25 criminal sanctions if violated. The court may enjoin third
1 26 persons from any of the following:
1 27 Sec. 3. NEW SECTION. 726.9 DEPENDENT ADULT ABUSE.
1 28 1. A caretaker commits dependent adult abuse when the
1 29 caretaker through willful or negligent acts or omissions does
1 30 any of the following:
1 31 a. Creates a substantial risk to a dependent adult's
1 32 physical, mental, or emotional health or safety.
1 33 b. Uses unreasonable force, torture, or cruelty that
1 34 results in bodily injury, or that is intended to cause serious
1 35 injury.
2 1 c. Causes bodily injury to, unreasonably confines,
2 2 unreasonably punishes, or assaults a dependent adult.
2 3 d. Evidences unreasonable force, torture, or cruelty that
2 4 causes substantial mental or emotional harm to a dependent
2 5 adult.
2 6 e. Deprives a dependent adult of necessary food, clothing,
2 7 shelter, health care, or supervision when the person is
2 8 reasonably able to make the necessary provisions and which
2 9 deprivation substantially harms the dependent adult.
2 10 f. Permits the continuing physical or sexual abuse of a
2 11 dependent adult.
2 12 g. With or against a dependent adult, commits a sexual
2 13 offense under chapter 709 or section 726.2.
2 14 h. Abandons the dependent adult to fend for the dependent
2 15 adult's own self, knowing that the dependent adult is unable
2 16 to do so.
2 17 i. Exploits the dependent adult by the act or process of
2 18 taking financial resources or property from the dependent
2 19 adult without the informed consent of the dependent adult,
2 20 including by theft, undue influence, harassment, duress,
2 21 deception, false representation, or false pretense.
2 22 Dependent adult abuse does not include the situations
2 23 described in section 235B.2, subsection 5, paragraph "b".
2 24 2. Charges of dependent adult abuse may be initiated upon
2 25 the complaint of a private individual or as a result of
2 26 investigation by a social services agency or on the direct
2 27 initiative of a county attorney or law enforcement agency.
2 28 3. A caretaker who intentionally commits dependent adult
2 29 abuse resulting in serious or bodily injury to a dependent
2 30 adult is guilty of a class "C" felony.
2 31 4. A caretaker who recklessly commits dependent adult
2 32 abuse resulting in serious or bodily injury to a dependent
2 33 adult is guilty of a class "D" felony.
2 34 5. A caretaker who negligently commits dependent adult
2 35 abuse resulting in serious or bodily injury to a dependent
3 1 adult is guilty of an aggravated misdemeanor.
3 2 6. A caretaker who commits dependent adult abuse not
3 3 resulting in serious or bodily injury to a dependent adult is
3 4 guilty of a serious misdemeanor.
3 5 7. A caretaker who commits dependent adult abuse by
3 6 exploiting a dependent adult by the act or process of taking
3 7 financial resources or property without the informed consent
3 8 of the dependent adult is guilty of a class "D" felony.
3 9 8. A caretaker alleged to have committed a violation of
3 10 this section shall be charged with the respective offense
3 11 cited, unless a charge may be brought based upon a more
3 12 serious offense, in which case the charge of the more serious
3 13 offense shall supercede the less serious charge.
3 14 9. For the purposes of this section, "dependent adult"
3 15 means dependent adult and "caretaker" means caretaker as
3 16 defined in section 235B.2.
3 17 Sec. 4. Section 235B.20, Code 2005, is repealed.
3 18 EXPLANATION
3 19 This bill relates to dependent adult abuse.
3 20 The bill specifies that a petition for an order authorizing
3 21 the provision of protective services or authorizing an
3 22 emergency order for protective services is to be filed with
3 23 the district court in the county in which the dependent adult
3 24 resides. The bill also provides that if the department of
3 25 human services finds that dependent adult abuse has occurred
3 26 and is ongoing or likely to reoccur, the department may
3 27 petition the court for injunctive relief against the alleged
3 28 perpetrator and directs that the court may enter temporary
3 29 orders as appropriate. The bill eliminates the court's
3 30 discretion to include temporary restraining orders which
3 31 impose criminal sanctions if violated.
3 32 The bill eliminates a provision in Code chapter 235B
3 33 relating to initiation of charges and penalties for dependent
3 34 adult abuse, modifies the provision, and relocates it in Code
3 35 chapter 726 (protection of the family and dependent persons),
4 1 which is located in the criminal law portion of the Code.
4 2 Under current law in Code section 235B.20, a caretaker who
4 3 intentionally commits dependent adult abuse that results in
4 4 serious injury to the dependent adult is guilty of a class "C"
4 5 felony and if the abuse was committed in a reckless manner,
4 6 the person is guilty of a class "D" felony. Under current
4 7 provisions, a caretaker who intentionally commits dependent
4 8 adult abuse that results in physical injury is guilty of a
4 9 class "C" felony and if the abuse was committed in a reckless
4 10 manner, the person is guilty of an aggravated misdemeanor.
4 11 Additionally, under current provisions, if a caretaker
4 12 exploits a dependent adult, and the value of the property,
4 13 assets or resources exceeds $100, the person is guilty of a
4 14 class "D" felony, and if the value is $100 or less, the person
4 15 is guilty of a simple misdemeanor.
4 16 Under the bill, a caretaker who commits dependent adult
4 17 abuse is subject to criminal penalties. Under the bill, a
4 18 caretaker commits dependent adult abuse if the caretaker
4 19 through willful or negligent acts or omissions does any of the
4 20 following:
4 21 1. Creates a substantial risk to a dependent adult's
4 22 physical, mental, or emotional health or safety.
4 23 2. Uses unreasonable force, torture, or cruelty that
4 24 results in bodily injury, or that is intended to cause serious
4 25 injury.
4 26 3. Causes bodily injury to, unreasonably confines,
4 27 unreasonably punishes, or assaults a dependent adult.
4 28 4. Evidences unreasonable force, torture, or cruelty, that
4 29 causes substantial mental or emotional harm to a dependent
4 30 adult.
4 31 5. Deprives a dependent adult of necessary food, clothing,
4 32 shelter, health care, or supervision when the caretaker is
4 33 reasonably able to make the necessary provisions and which
4 34 deprivation substantially harms the dependent adult.
4 35 6. Permits the continuing physical or sexual abuse of a
5 1 dependent adult.
5 2 7. With or against a dependent adult commits a sexual
5 3 offense under Code chapter 709 or Code section 726.2.
5 4 8. Abandons the dependent adult to fend for the dependent
5 5 adult's own self, knowing that the dependent adult is unable
5 6 to do so.
5 7 9. Exploits a dependent adult by the act or process of
5 8 taking financial resources or property from the dependent
5 9 adult without the informed consent of the dependent adult,
5 10 including by theft, undue influence, harassment, duress,
5 11 deception, false representation, or false pretense.
5 12 The bill provides that if a caretaker intentionally commits
5 13 dependent adult abuse that results in serious or bodily
5 14 injury, the person is guilty of a class "C" felony, and if the
5 15 abuse was committed in a reckless manner, the person is guilty
5 16 of a class "D" felony. The bill provides that a caretaker who
5 17 negligently commits dependent adult abuse resulting in serious
5 18 or bodily injury is guilty of an aggravated misdemeanor. If a
5 19 caretaker commits dependent adult abuse that does not result
5 20 in serious or bodily injury to a dependent adult, the person
5 21 is guilty of a serious misdemeanor. A person who exploits a
5 22 dependent adult is guilty of a class "D" felony.
5 23 LSB 2114HH 81
5 24 rh:rj/pj/5