Senate File 2117 - Introduced SENATE FILE 2117 BY RAGAN (COMPANION TO HF 2106 BY HEDDENS) A BILL FOR An Act relating to elder abuse and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5237XS (3) 85 pf/nh
S.F. 2117 DIVISION I 1 ELDER ABUSE RESPONSE INITIATIVE 2 Section 1. NEW SECTION . 231G.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Abuse” means the knowing infliction of physical or 6 psychological harm or the knowing deprivation of goods or 7 services that are necessary to meet essential needs or to avoid 8 physical or psychological harm. “Abuse” includes but is not 9 limited to: 10 a. Physical injury to, or injury which is at a variance with 11 the history given of the injury, or unreasonable confinement, 12 unreasonable punishment, or assault of an older individual. 13 b. The commission of a sexual offense under chapter 709 or 14 section 726.2 with or against an older individual. 15 c. The commission of elder abuse assault under section 16 708.2D. 17 2. “Aging and disability resource center” means the same as 18 defined in section 231.4. 19 3. “Area agency on aging” means the same as defined in 20 section 231.4. 21 4. “Attorney in fact” means an attorney in fact under a 22 power of attorney pursuant to chapter 633B or an attorney in 23 fact under a durable power of attorney for health care pursuant 24 to chapter 144B. 25 5. “Caregiver” means an individual who has the 26 responsibility for the care or custody of an older individual, 27 whether voluntarily, by contract, through employment, or as a 28 result of the operation of law, and includes but is not limited 29 to a family member or other individual who provides compensated 30 or uncompensated care to an older individual. 31 6. “Conservator” means the same as defined in section 633.3. 32 7. “Department” means the department on aging. 33 8. “Director” means the director of the department on aging. 34 9. “Elder abuse” means the abuse, neglect, or financial 35 -1- LSB 5237XS (3) 85 pf/nh 1/ 60
S.F. 2117 exploitation of an older individual. “Elder abuse” does not 1 include any of the following: 2 a. Circumstances in which an older individual declines 3 medical treatment if the older individual holds a belief or is 4 an adherent of a religion whose tenets and practices call for 5 reliance on spiritual means in place of reliance on medical 6 treatment. 7 b. Circumstances in which an older individual’s caregiver 8 or fiduciary, acting in accordance with the older individual’s 9 stated or implied consent, declines medical treatment if the 10 older individual holds a belief or is an adherent of a religion 11 whose tenets and practices call for reliance on spiritual means 12 in place of reliance on medical treatment. 13 c. The withholding or withdrawing of medical treatment 14 from an older individual who is terminally ill in the opinion 15 of a licensed physician, when the withholding or withdrawing 16 of medical treatment is done at the request of the older 17 individual or at the request of the older individual’s next of 18 kin, attorney in fact, or guardian pursuant to the applicable 19 procedures under chapter 125, 144A, 144B, 222, 229, or 633. 20 10. “Elder abuse assault” means the same as defined in 21 section 708.2D. 22 11. “Emergency shelter services” means and includes but is 23 not limited to secure crisis shelters or housing for a victim 24 of elder abuse. 25 12. “Federal Act” means the Older Americans Act of 1965, 42 26 U.S.C. §3001 et seq., as amended. 27 13. “Fiduciary” means a person or entity with the legal 28 responsibility to make decisions on behalf of and for the 29 benefit of an older individual and to act in good faith and 30 with fairness. “Fiduciary” includes a guardian, trustee, 31 executor, administrator, receiver, conservator, attorney 32 in fact, representative payee, or any person acting in any 33 fiduciary capacity for or on behalf of an older individual. 34 14. “Financial exploitation” means financial exploitation 35 -2- LSB 5237XS (3) 85 pf/nh 2/ 60
S.F. 2117 as provided in section 726.25. 1 15. “Guardian” means the same as defined in section 633.3. 2 16. “Health care facility” means the same as defined in 3 section 135C.1. 4 17. “Interfere with” means to interpose in a manner that 5 hinders or impedes or to take part in concerns of others. 6 18. “Intimidate” means to compel or deter conduct by a 7 threat. 8 19. “Menace” means to show intention to harm or to act in 9 threatening manner. 10 20. “Molest” means to annoy, disturb, or persecute, 11 especially with hostile intent or injurious effect, and 12 includes general harassment. 13 21. “Neglect” means the failure of a caregiver or fiduciary 14 to provide adequate food, shelter, clothing, supervision, 15 physical or mental health care, or goods or services necessary 16 to maintain the life, health, or safety of an older individual, 17 which if not provided would constitute denial of critical care. 18 22. “Older individual” means an individual who is sixty 19 years of age or older. 20 23. “Physical harm” means bodily injury, impairment, or 21 disease. 22 24. “Plaintiff” means an older individual who files 23 a petition under this chapter and includes a substitute 24 petitioner who files a petition on behalf of an older 25 individual under this chapter. 26 25. “Present danger of elder abuse” means a situation 27 in which the defendant has recently threatened the older 28 individual with initial or additional elder abuse, or the 29 potential for misappropriation, misuse, or removal of the 30 benefits, property, resources, belongings, or assets of the 31 older individual. 32 26. “Pro se” means a person proceeding on the person’s own 33 behalf without legal representation. 34 27. “Psychological harm” means the infliction of anguish, 35 -3- LSB 5237XS (3) 85 pf/nh 3/ 60
S.F. 2117 emotional pain, or distress through verbal or nonverbal acts. 1 28. “Substitute petitioner” means the guardian, conservator, 2 attorney in fact, or guardian ad litem for an older individual 3 who files a petition under this chapter. 4 29. “Undue influence” means taking advantage of a person’s 5 role, relationship, or authority to improperly change or 6 obtain control over the actions or decision making of an older 7 individual. 8 Sec. 2. NEW SECTION . 231G.2 Elder abuse resource and 9 referral program. 10 1. The department shall establish and operate an elder abuse 11 resource and referral program. The purposes of the program 12 are: 13 a. To empower older individuals to maximize their autonomy. 14 b. To recognize the rights of older individuals, including 15 the right to be free of abuse, neglect, and financial 16 exploitation. 17 c. To increase the awareness of elder abuse and provide 18 options for older individuals at risk of elder abuse. 19 d. To provide a mechanism to address prevention, detection, 20 and reporting of and intervention in cases of abuse, neglect, 21 and financial exploitation of older individuals. 22 2. The department shall utilize the area agencies on 23 aging to implement the program in each designated planning 24 and service area. Each area agency on aging shall designate 25 an elder rights specialist to administer the local program. 26 The elder rights specialist shall assemble a local network of 27 partners and stakeholders to coordinate services for older 28 individuals through the program. The network shall include 29 individuals who possess knowledge and skills related to 30 older individuals or elder abuse and who are professionals 31 practicing in the disciplines of medicine, nursing, geriatrics, 32 public health, mental health, social work, gerontology, 33 law, law enforcement, or other disciplines relative to older 34 individuals. The network shall include but is not limited to 35 -4- LSB 5237XS (3) 85 pf/nh 4/ 60
S.F. 2117 persons representing the area agencies on aging, the office of 1 the attorney general, county attorneys, health care providers, 2 law enforcement, service providers, and other community 3 resources and persons involved in advocating for or providing 4 services to older individuals. 5 3. The aging and disability resource center network shall 6 act as the primary point of entry for individuals seeking 7 information and assistance regarding elder abuse. 8 4. The program shall include a public education component 9 to increase awareness regarding elder abuse and the services 10 provided through the program. 11 5. The program shall include a component to provide for 12 response to reports of suspected elder abuse, and any reports 13 of suspected elder abuse may be transmitted to the office of 14 the attorney general and the appropriate law enforcement agency 15 and county attorney. The program shall cooperate with and 16 provide information to the office of the attorney general, law 17 enforcement agencies, and county attorneys upon request. 18 6. All program records that disclose the identity of an 19 older individual seeking information or receiving services 20 shall be maintained as confidential records pursuant to section 21 22.7 and shall not be disclosed except with the written consent 22 of the older individual or the older individual’s guardian, 23 conservator, or attorney in fact, or if required by court 24 order. The department shall have access to program records. 25 7. The department shall adopt rules to administer the 26 program including rules regarding qualifications for elder 27 rights specialists, and intake, assessment, care plans, 28 referral of cases, and the provision of information sharing and 29 case consultation among those involved in intake, assessment, 30 investigation, diagnosis, disposition, and service delivery 31 related to older individuals through the program. 32 Sec. 3. NEW SECTION . 231G.3 Commencement of actions —— 33 waiver to juvenile court. 34 1. An older individual, or the guardian, conservator, 35 -5- LSB 5237XS (3) 85 pf/nh 5/ 60
S.F. 2117 attorney in fact, or guardian ad litem of an older individual, 1 may seek relief from elder abuse by filing a verified petition 2 in the district court. Venue shall lie where either party 3 resides. The petition shall state all of the following: 4 a. The name of the older individual and the name and address 5 of the older individual’s attorney, if any. If the older 6 individual is proceeding pro se, the petition shall state a 7 mailing address for the older individual. A mailing address 8 may be provided by the older individual pursuant to section 9 231G.12. 10 b. The name of the substitute petitioner if the petition 11 is being filed on behalf of an older individual, and the name 12 and address of the attorney of the substitute petitioner. If 13 the substitute petitioner is proceeding pro se, the petition 14 shall state a mailing address for the substitute petitioner. A 15 mailing address may be provided by the substitute petitioner 16 pursuant to section 231G.12. 17 c. The name and address, if known, of the defendant. 18 d. The relationship of the older individual to the 19 defendant. 20 e. The nature of the alleged elder abuse. 21 f. The name and age of any other individual whose welfare 22 may be affected. 23 g. The desired relief, including a request for temporary or 24 emergency orders. 25 2. A temporary or emergency order shall be based on a 26 showing of a prima facie case of elder abuse. If the factual 27 basis for the alleged elder abuse is contested, the court shall 28 issue a protective order based upon a finding of elder abuse by 29 a preponderance of the evidence. 30 3. a. The filing fee and court costs for an order for 31 protection and in a contempt action resulting from an order 32 granted under this chapter or chapter 664A shall be waived for 33 the plaintiff. 34 b. The clerk of court, the sheriff of any county in this 35 -6- LSB 5237XS (3) 85 pf/nh 6/ 60
S.F. 2117 state, and other law enforcement and corrections officers shall 1 perform their duties relating to service of process without 2 charge to the plaintiff. 3 c. When an order for protection is entered by the court, 4 the court may direct the defendant to pay to the clerk of court 5 the fees for the filing of the petition and reasonable costs of 6 service of process if the court determines the defendant has 7 the ability to pay the plaintiff’s fees and costs. 8 d. In lieu of personal service of an order for protection 9 issued pursuant to this section, the sheriff of any county 10 in the state, and any other law enforcement and corrections 11 officers may serve a defendant with a short-form notification 12 pursuant to section 664A.4A. 13 4. If the person against whom relief from elder abuse is 14 being sought is seventeen years of age or younger, the district 15 court shall waive its jurisdiction over the action to the 16 juvenile court. 17 5. If a substitute petitioner files a petition under this 18 section on behalf of an older individual, the older individual 19 shall retain the right to all of the following: 20 a. To contact and retain counsel. 21 b. To have access to personal records. 22 c. To file objections to the protective order. 23 d. To request a hearing on the petition. 24 e. To present evidence and cross-examine witnesses at the 25 hearing. 26 6. The relief provided under this chapter shall not be 27 available if the action involves a guardian or conservator 28 of the older individual and the relief sought is more 29 appropriately obtained in a protective proceeding filed under 30 chapter 633. 31 Sec. 4. NEW SECTION . 231G.4 Plaintiffs proceeding pro se —— 32 provision of forms and assistance. 33 1. The department of justice shall prescribe standard forms 34 to be used by older individuals or substitute petitioners 35 -7- LSB 5237XS (3) 85 pf/nh 7/ 60
S.F. 2117 seeking protective orders by proceeding pro se in actions 1 under this chapter. The standard forms shall include language 2 in fourteen point boldface type. Standard forms prescribed 3 by the department of justice shall be the exclusive forms 4 used by plaintiffs proceeding pro se under this chapter. The 5 department of justice shall distribute the forms to the clerks 6 of the district courts. 7 2. The clerk of the district court shall furnish the 8 required forms to persons seeking protective orders through pro 9 se proceedings pursuant to this chapter. 10 Sec. 5. NEW SECTION . 231G.5 Assistance by county attorney. 11 A county attorney’s office may provide assistance to a 12 person wishing to initiate proceedings pursuant to this chapter 13 or to a plaintiff at any stage of a proceeding under this 14 chapter if the plaintiff does not have sufficient funds to pay 15 for legal assistance and if the assistance does not create 16 a conflict of interest for the county attorney’s office. 17 The assistance provided may include but is not limited to 18 assistance in obtaining or completing forms, filing a petition 19 or other necessary pleading, presenting evidence to the court, 20 and enforcing the orders of the court entered pursuant to this 21 chapter. Providing assistance pursuant to this section shall 22 not be considered the private practice of law for the purposes 23 of section 331.752. 24 Sec. 6. NEW SECTION . 231G.6 Appointment of guardian ad 25 litem. 26 The court may on its own motion or on the motion of a party 27 appoint a guardian ad litem for an older individual if justice 28 requires. The older individual’s attorney shall not also serve 29 as the guardian ad litem. 30 Sec. 7. NEW SECTION . 231G.7 Hearings —— temporary orders. 31 1. Not less than five and not more than fifteen days after 32 commencing a proceeding and upon notice to the other party, a 33 hearing shall be held at which the plaintiff must prove the 34 allegation of elder abuse by a preponderance of the evidence. 35 -8- LSB 5237XS (3) 85 pf/nh 8/ 60
S.F. 2117 2. The court may enter any temporary order it deems 1 necessary to protect the older individual from elder abuse 2 prior to the hearing, upon good cause shown in an ex parte 3 proceeding. Present danger of elder abuse constitutes good 4 cause for purposes of this subsection. A temporary order 5 issued pursuant to this subsection shall specifically include 6 notice that the defendant may be required to relinquish all 7 firearms, offensive weapons, and ammunition upon the issuance 8 of a permanent order pursuant to section 231G.8. 9 3. If a hearing is continued, the court may make or extend 10 any temporary order under subsection 2 that it deems necessary. 11 4. Upon application of a party, the court shall issue 12 subpoenas requiring attendance and testimony of witnesses and 13 production of papers. 14 5. The court shall advise the defendant of a right to be 15 represented by counsel of the defendant’s choosing and to have 16 a continuance to secure counsel. 17 6. The showing required under subsection 1 may be made by, 18 but is not limited to the testimony at the hearing of, any of 19 the following: 20 a. The older individual. 21 b. The guardian, conservator, attorney in fact, or guardian 22 ad litem of the older individual. 23 c. Witnesses to the elder abuse. 24 d. Adult protective services workers who have conducted an 25 investigation. 26 7. The hearing may be held in person, telephonically, or 27 electronically. If the defendant or plaintiff seeks to raise 28 an issue at the hearing not previously raised, the defendant or 29 plaintiff is entitled to reasonable continuance for the purpose 30 of preparing a response to the issue. 31 8. The court shall exercise its discretion in a manner that 32 protects the older individual from traumatic confrontation with 33 the defendant. 34 9. Hearings shall be recorded. 35 -9- LSB 5237XS (3) 85 pf/nh 9/ 60
S.F. 2117 Sec. 8. NEW SECTION . 231G.8 Disposition. 1 1. Upon a finding that the defendant has engaged in elder 2 abuse, the court shall, if requested by the plaintiff, order 3 any of the following: 4 a. That the defendant be required to move from the residence 5 of the older individual if both the older individual and the 6 defendant are titleholders or contract holders of record of the 7 real property, are named as tenants in the rental agreement 8 concerning the use and occupancy of the dwelling unit, or are 9 married to each other. 10 b. That the defendant provide suitable alternative housing 11 for the older individual. 12 c. That a peace officer accompany the party who is leaving 13 or has left the party’s residence to remove essential personal 14 effects of the party. 15 d. That the defendant be restrained from abusing, 16 intimidating, molesting, interfering with, or menacing the 17 older individual, or attempting to abuse, intimidate, molest, 18 interfere with, or menace the older individual. 19 e. That the defendant be restrained from entering or 20 attempting to enter on any premises when it appears to the 21 court that such restraint is necessary to prevent the defendant 22 from abusing, intimidating, molesting, interfering with, or 23 menacing the older individual. 24 f. That the defendant be restrained from exercising 25 any powers on behalf of the older individual through a 26 court-appointed guardian, conservator, or guardian ad litem, an 27 attorney in fact, or another third party. 28 g. That the defendant be restrained from owning, possessing, 29 purchasing, receiving, or attempting to receive a firearm, 30 offensive weapon, or ammunition. 31 h. In addition to the relief provided in subsection 2, other 32 relief that the court considers necessary to provide for the 33 safety and welfare of the older individual. 34 2. If the court finds that the older individual has been 35 -10- LSB 5237XS (3) 85 pf/nh 10/ 60
S.F. 2117 the victim of financial exploitation, the court may order the 1 relief the court considers necessary to prevent or remedy the 2 financial exploitation, including but not limited to any of the 3 following: 4 a. Directing the defendant to refrain from exercising 5 control over the benefits, property, resources, belongings, or 6 assets of the older individual. 7 b. Requiring the defendant to return custody or control of 8 the benefits, property, resources, belongings, or assets to the 9 older individual. 10 c. Requiring the defendant to follow the instructions of 11 the guardian, conservator, or attorney in fact of the older 12 individual. 13 d. Prohibiting the defendant from transferring the benefits, 14 property, resources, belongings, or assets of the older 15 individual to any person other than the older individual. 16 3. The court shall not use an order issued under this 17 section to do any of the following: 18 a. To allow any person other than the older individual to 19 assume responsibility for the benefits, property, resources, 20 belongings, or assets of the older individual. 21 b. For relief that is more appropriately obtained in a 22 protective proceeding filed under chapter 633 including but 23 not limited to giving control and management of the benefits, 24 property, resources, belongings, or assets of the older 25 individual to a guardian, conservator, or attorney in fact for 26 any purpose other than the relief granted under subsection 2. 27 4. The court may approve a consent agreement between the 28 parties entered to bring about the cessation of elder abuse. A 29 consent agreement approved under this section shall not contain 30 any of the following: 31 a. A provision that prohibits any party to the action 32 from contacting or cooperating with any government agency 33 including the department of human services, the department 34 of inspections and appeals, the department on aging, the 35 -11- LSB 5237XS (3) 85 pf/nh 11/ 60
S.F. 2117 department of justice, law enforcement, and the office of 1 long-term care ombudsman; a licensing or regulatory agency 2 that has jurisdiction over any license or certification held 3 by the defendant; a protection and advocacy agency recognized 4 in section 135C.2; or the defendant’s current employer if the 5 defendant’s professional responsibilities include contact with 6 older individuals, dependent adults, or minors, if the party 7 contacting or cooperating has a good-faith belief that the 8 information is relevant to the duties or responsibilities of 9 the entity. 10 b. A provision that prohibits any party to the action from 11 filing a complaint with or reporting a violation of law to any 12 government agency including the department of human services, 13 the department of inspections and appeals, the department on 14 aging, the department of justice, law enforcement, and the 15 office of long-term care ombudsman; a licensing or regulatory 16 agency that has jurisdiction over any license or certification 17 held by the defendant; a protection and advocacy agency 18 recognized in section 135C.2; or the defendant’s current 19 employer. 20 c. A provision that requires any party to the action to 21 withdraw a complaint filed with or a violation reported to any 22 government agency including the department of human services, 23 the department of inspections and appeals, the department on 24 aging, the department of justice, law enforcement, and the 25 office of long-term care ombudsman; a licensing or regulatory 26 agency that has jurisdiction over any license or certification 27 held by the defendant; a protection and advocacy agency 28 recognized in section 135C.2; or the defendant’s current 29 employer. 30 5. A protective order or approved consent agreement shall be 31 for a fixed period of time not to exceed one year. The court 32 may amend or extend its order or a consent agreement at any 33 time upon a petition filed by either party and after notice 34 and hearing. The court may extend the order if the court, 35 -12- LSB 5237XS (3) 85 pf/nh 12/ 60
S.F. 2117 after a hearing at which the defendant has the opportunity to 1 be heard, finds that the defendant continues to pose a threat 2 to the safety of the older individual, persons residing with 3 the older individual, or members of the older individual’s 4 immediate family, or continues to present a risk of financial 5 exploitation of the older individual. The number of extensions 6 that may be granted by the court is not limited. 7 6. The order shall state whether a person is to be taken 8 into custody by a peace officer for a violation of the terms 9 stated in the order. 10 7. The court may order that the defendant pay the attorney 11 fees and court costs. 12 8. An order or approved consent agreement under this section 13 shall not affect title to real property. 14 9. A copy of any order or approved consent agreement shall 15 be issued to the plaintiff, the defendant, the county sheriff 16 of the county in which the order or consent decree is initially 17 entered, and the twenty-four-hour dispatcher for the county 18 sheriff. Any subsequent amendment or revocation of an order 19 or consent agreement shall be forwarded by the clerk to all 20 individuals previously notified. 21 10. The clerk shall notify the county sheriff and the 22 twenty-four-hour dispatcher for the county sheriff in writing 23 so that the county sheriff and the county sheriff’s dispatcher 24 receive written notice within six hours of filing the order, 25 approved consent agreement, amendment, or revocation. The 26 clerk may fulfill this requirement by sending the notice by 27 facsimile or other electronic transmission which reproduces the 28 notice in writing within six hours of filing the order. 29 11. The county sheriff’s dispatcher shall notify all 30 law enforcement agencies having jurisdiction over the matter 31 and the twenty-four-hour dispatcher for the law enforcement 32 agencies upon notification by the clerk. 33 Sec. 9. NEW SECTION . 231G.9 Emergency orders. 34 1. When the court is unavailable from the close of business 35 -13- LSB 5237XS (3) 85 pf/nh 13/ 60
S.F. 2117 at the end of the day or week to the resumption of business 1 at the beginning of the day or week, a petition may be filed 2 before a district judge, or district associate judge designated 3 by the chief judge of the judicial district, who may grant 4 emergency relief in accordance with section 231G.8, subsection 5 1 or 2, if the district judge or district associate judge deems 6 it necessary to protect the older individual from elder abuse, 7 upon good cause shown in an ex parte proceeding. Present 8 danger of elder abuse constitutes good cause for purposes of 9 this subsection. 10 2. An emergency order issued under subsection 1 shall expire 11 seventy-two hours after issuance. When the order expires, the 12 plaintiff may seek a temporary order from the court pursuant 13 to section 231G.7. 14 3. A petition filed and emergency order issued under this 15 section and any documentation in support of the petition 16 and order shall be immediately certified to the court. The 17 certification shall commence a proceeding for purposes of 18 section 231G.3. 19 Sec. 10. NEW SECTION . 231G.10 Procedure. 20 1. A proceeding under this chapter shall be held in 21 accordance with the rules of civil procedure, except as 22 otherwise set forth in this chapter and in chapter 664A, and is 23 in addition to any other civil or criminal remedy. 24 2. The plaintiff’s right to relief under this chapter is not 25 affected by leaving the older individual’s home to avoid elder 26 abuse. 27 Sec. 11. NEW SECTION . 231G.11 Elder abuse information. 28 1. The department shall collect and maintain information on 29 incidents involving elder abuse. The department shall design 30 and implement a uniform method of collecting data on elder 31 abuse from entities involved in the prevention, detection, 32 reporting, investigation of and intervention in cases of abuse, 33 neglect, and financial exploitation of older individuals. 34 2. The department may compile statistics and issue reports 35 -14- LSB 5237XS (3) 85 pf/nh 14/ 60
S.F. 2117 on elder abuse in Iowa, provided individual identifying 1 details of the elder abuse are deleted. The statistics and 2 reports may include nonidentifying information on the personal 3 characteristics of perpetrators and victims. The department 4 may request the cooperation of the department of justice 5 in compiling the statistics and issuing the reports. The 6 department of justice shall provide to the department, without 7 charge, all information and documentation requested for this 8 purpose. The department may provide nonidentifying information 9 on individual incidents of elder abuse to persons conducting 10 bona fide research, including but not limited to personnel of 11 the department of justice. 12 Sec. 12. NEW SECTION . 231G.12 Plaintiff address —— 13 confidentiality of records. 14 1. A plaintiff seeking relief under this chapter may use any 15 of the following addresses as a mailing address for purposes 16 of filing a petition under this chapter, as well as for the 17 purpose of obtaining any utility or other service: 18 a. The mailing address of a shelter or other agency. 19 b. A public or private post office box. 20 c. Any other mailing address, with the permission of the 21 resident of that address. 22 2. A plaintiff shall report any change of address, whether 23 designated according to subsection 1 or otherwise, to the clerk 24 of court no more than five days after the previous address on 25 record becomes invalid. 26 3. The entire file or a portion of the file in an elder 27 abuse action shall be sealed by the clerk of court as ordered 28 by the court to protect the privacy interest or safety of any 29 person. 30 4. Notwithstanding subsection 3, court orders shall remain 31 public records, although the court may order that address and 32 location information be redacted from the public records. 33 Sec. 13. NEW SECTION . 231G.13 Duties of peace officer —— 34 magistrate. 35 -15- LSB 5237XS (3) 85 pf/nh 15/ 60
S.F. 2117 1. A peace officer shall use every reasonable means to 1 enforce an order or court-approved consent agreement entered 2 under this chapter or chapter 664A, or to enforce an order that 3 establishes conditions of release or is a protective order or 4 sentencing order in a criminal prosecution arising from elder 5 abuse assault under section 708.2D. If a peace officer has 6 reason to believe that elder abuse has occurred, the peace 7 officer shall ask the older individual if any prior orders 8 exist, and shall contact the twenty-four-hour dispatcher to 9 inquire if any prior orders exist. If a peace officer has 10 probable cause to believe that a person has violated an order 11 or approved consent agreement entered under this chapter or 12 chapter 664A, or an order establishing conditions of release 13 or a protective or sentencing order in a criminal prosecution 14 arising from elder abuse assault pursuant to section 708.2D, 15 the peace officer shall take the person into custody and shall 16 take the person without unnecessary delay before the nearest or 17 most accessible magistrate in the judicial district in which 18 the person was taken into custody. The magistrate shall make 19 an initial preliminary determination whether there is probable 20 cause to believe that an order or consent agreement existed and 21 whether the person taken into custody has violated its terms. 22 The magistrate’s decision shall be entered in the record. 23 2. If a peace officer has probable cause to believe 24 that a person has violated an order or approved consent 25 agreement entered under this chapter or chapter 664A, or an 26 order establishing conditions of release or a protective 27 or sentencing order in a criminal prosecution arising from 28 elder abuse assault pursuant to section 708.2D, and the peace 29 officer is unable to take the person into custody within 30 twenty-four hours of making the probable cause determination, 31 the peace officer shall either request a magistrate to make a 32 determination as to whether a rule to show cause or an arrest 33 warrant should be issued, or refer the matter to the county 34 attorney. 35 -16- LSB 5237XS (3) 85 pf/nh 16/ 60
S.F. 2117 3. If the magistrate finds probable cause, the magistrate 1 shall order the person to appear either before the court which 2 issued the original order or approved the consent agreement, 3 or before the court in the jurisdiction where the alleged 4 violation took place, at a specified time not less than five 5 days nor more than fifteen days after the initial appearance 6 under this section. The magistrate shall cause the original 7 court to be notified of the contents of the magistrate’s order. 8 4. A peace officer shall not be held civilly or criminally 9 liable for acting pursuant to this section provided that the 10 peace officer acts in good faith, on probable cause, and the 11 officer’s acts do not constitute a willful and wanton disregard 12 for the rights or safety of another. 13 Sec. 14. NEW SECTION . 231G.14 Prevention of further elder 14 abuse —— notification of rights —— arrest —— liability. 15 1. If a peace officer has reason to believe that elder abuse 16 has occurred, the officer shall use all reasonable means to 17 prevent further elder abuse including but not limited to the 18 following: 19 a. If requested, remaining on the scene as long as there 20 is a danger to an older individual’s physical safety without 21 the presence of a peace officer, including but not limited to 22 staying in the dwelling unit, or if unable to remain on the 23 scene, assisting the older individual in leaving the residence. 24 b. Assisting an older individual in obtaining necessary 25 medical treatment resulting from the elder abuse, including 26 providing assistance to the older individual in obtaining 27 transportation to the emergency department of the nearest 28 hospital. 29 c. Providing an older individual with immediate and 30 adequate notice of the older individual’s rights. The notice 31 shall consist of handing the older individual a document that 32 includes the telephone numbers of the department, the local 33 area agency on aging, the aging and disability resource center 34 network, advocacy and support groups, and emergency shelters. 35 -17- LSB 5237XS (3) 85 pf/nh 17/ 60
S.F. 2117 The peace officer shall ask the older individual to read the 1 document and ask whether the older individual understands the 2 rights described in the document. The document shall contain a 3 copy of the following statement written in English and Spanish: 4 (1) You have the right to ask the court for help keeping 5 your abuser away from you, your home, your place of employment, 6 and any other places you may be. 7 (2) You have the right to stay at your home without 8 interference from your abuser. 9 (3) You have the right to control and have custody of your 10 benefits, property, resources, belongings, and assets. 11 (4) You have the right to seek help from the court to seek 12 a protective order with or without the assistance of legal 13 representation. You have the right to seek help from the 14 courts without the payment of court costs if you do not have 15 sufficient funds to pay the costs. 16 (5) You have the right to file criminal charges for threats, 17 assaults, or other related crimes. 18 (6) You have the right to seek restitution against your 19 abuser for harm to yourself or your property. 20 (7) If you are in need of medical treatment, you have 21 the right to request that the officer present assist you in 22 obtaining transportation to the nearest hospital or otherwise 23 assist you. 24 (8) If you believe that police protection is needed for your 25 physical safety you have the right to request that the officer 26 present remain at the scene until you and other affected 27 parties can leave or until safety is otherwise ensured. 28 2. a. A peace officer may, with or without a warrant, 29 arrest a person under section 708.2D, subsection 2, paragraph 30 “a” , if, upon investigation, including a reasonable inquiry of 31 the older individual and other witnesses, if any, the officer 32 has probable cause to believe that an elder abuse assault has 33 been committed which did not result in any injury to the older 34 individual. 35 -18- LSB 5237XS (3) 85 pf/nh 18/ 60
S.F. 2117 b. A peace officer shall, with or without a warrant, arrest 1 a person under section 708.2D, subsection 2, paragraph “b” , 2 if, upon investigation, including a reasonable inquiry of the 3 older individual and other witnesses, if any, the officer has 4 probable cause to believe that an elder abuse assault has been 5 committed which resulted in the older individual suffering a 6 bodily injury. 7 c. A peace officer shall, with or without a warrant, arrest 8 a person under section 708.2D, subsection 2, paragraph “c” , 9 if, upon investigation, including a reasonable inquiry of the 10 older individual and other witnesses, if any, the officer has 11 probable cause to believe that an elder abuse assault has 12 been committed with the intent to inflict a serious injury as 13 defined in section 702.18. 14 d. A peace officer shall, with or without a warrant, arrest 15 a person under section 708.2D, subsection 2, paragraph “c” , 16 if, upon investigation, including a reasonable inquiry of the 17 older individual and other witnesses, if any, the officer has 18 probable cause to believe that an elder abuse assault has 19 been committed and that the alleged abuser used or displayed 20 a dangerous weapon as defined in section 702.7 in connection 21 with the assault. 22 e. A peace officer shall, with or without a warrant, arrest 23 a person under section 708.2D, subsection 2, paragraph “d” , 24 if, upon investigation, including a reasonable inquiry of the 25 older individual and other witnesses, if any, the officer has 26 probable cause to believe that an elder abuse assault has 27 been committed by knowingly impeding the normal breathing or 28 circulation of the blood of the older individual by applying 29 pressure to the throat or neck of the older individual or by 30 obstructing the nose or mouth of the older individual. 31 f. A peace officer shall, with or without a warrant, 32 arrest a person under section 708.2D, subsection 5, if, upon 33 investigation, including a reasonable inquiry of the alleged 34 victim and other witnesses, if any, the officer has probable 35 -19- LSB 5237XS (3) 85 pf/nh 19/ 60
S.F. 2117 cause to believe that an elder abuse assault has been committed 1 by knowingly impeding the normal breathing or circulation of 2 the blood of an older individual by applying pressure to the 3 throat or neck of the older individual or by obstructing the 4 nose or mouth of the older individual, and causing bodily 5 injury. 6 g. A peace officer may, with or without a warrant, arrest 7 a person if, upon investigation, including a reasonable 8 inquiry of the older individual and other witnesses, if any, 9 the officer has probable cause to believe that elder abuse 10 constituting financial exploitation has been committed by the 11 person. 12 3. A peace officer is not civilly or criminally liable for 13 actions taken pursuant to this section taken in good faith. 14 Sec. 15. NEW SECTION . 231G.15 Prohibition against referral. 15 In a criminal action arising from elder abuse, the 16 prosecuting attorney or court shall not refer or order the 17 parties involved to mediation or other nonjudicial procedures 18 prior to judicial resolution of the action. 19 Sec. 16. NEW SECTION . 231G.16 Application for designation 20 and funding as a provider of services for victims of elder abuse. 21 Upon receipt of state or federal funding designated for 22 victims of elder abuse by the department, the department 23 shall designate and award grants to provide emergency shelter 24 services and support services to victims of elder abuse. A 25 public or private nonprofit organization may apply to the 26 department for designation and funding as a provider of 27 emergency shelter services and support services to victims 28 of elder abuse. The application shall be submitted on a 29 form prescribed by the department and shall include but not 30 be limited to information regarding services to be provided, 31 budget projections, and security measures. 32 Sec. 17. NEW SECTION . 231G.17 Department powers. 33 1. The department may consult and cooperate with all public 34 and private agencies which may provide services to victims of 35 -20- LSB 5237XS (3) 85 pf/nh 20/ 60
S.F. 2117 elder abuse, including but not limited to legal and social 1 services. 2 2. The department may accept, use, and dispose of 3 contributions of money, services, and property made available 4 by an agency or department of the state or federal government, 5 or a private agency or individual to address elder abuse. 6 Sec. 18. NEW SECTION . 231G.18 Reference to certain criminal 7 provisions. 8 Provisions contained in this chapter shall not preclude 9 other relief available including certain criminal penalties and 10 provisions pertaining to elder abuse, elder abuse assault, and 11 violations of protective orders set forth in chapter 664A and 12 sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25. 13 Sec. 19. NEW SECTION . 231G.19 Foreign protective orders 14 —— registration —— enforcement. 15 1. As used in this section, “foreign protective order” means 16 a protective order entered by a court of another state, Indian 17 tribe, or United States territory that would be an order or 18 court-approved consent agreement entered under this chapter 19 or chapter 664A, or an order that establishes conditions 20 of release or is a protective order or sentencing order in 21 a criminal prosecution arising from an elder abuse assault 22 pursuant to section 708.2D if it had been entered in Iowa. 23 2. A certified or authenticated copy of a permanent foreign 24 protective order may be filed with the clerk of the district 25 court in any county that would have venue if the original 26 action was being commenced in this state or in which the person 27 in whose favor the order was entered may be present. 28 a. The clerk shall file foreign protective orders that are 29 not certified or authenticated, if supported by an affidavit of 30 a person with personal knowledge, subject to the penalties for 31 perjury. The person protected by the order may provide this 32 affidavit. 33 b. The clerk shall provide copies of the order as required 34 by section 231G.8, except that notice shall not be provided to 35 -21- LSB 5237XS (3) 85 pf/nh 21/ 60
S.F. 2117 the respondent without the express written direction of the 1 person in whose favor the order was entered. 2 3. a. A valid foreign protective order has the same effect 3 and shall be enforced in the same manner as a protective order 4 issued in this state whether or not filed with a clerk of court 5 or otherwise placed in a registry of protective orders. 6 b. A foreign protective order is valid if it meets all of 7 the following conditions: 8 (1) The order states the name of the protected individual 9 and the individual against whom enforcement is sought. 10 (2) The order has not expired or has not otherwise been 11 terminated. 12 (3) The order was issued by a court or tribunal that had 13 jurisdiction over the parties and subject matter under the law 14 of the foreign jurisdiction. 15 (4) The order was issued in accordance with the respondent’s 16 due process rights, either after the respondent was provided 17 with reasonable notice and an opportunity to be heard before 18 the court or tribunal that issued the order, or in the case 19 of an ex parte order, the respondent was granted notice and 20 opportunity to be heard within a reasonable time after the 21 order was issued. 22 c. Proof that a foreign protective order failed to meet all 23 of the factors listed in paragraph “b” shall be an affirmative 24 defense in any action seeking enforcement of the order. 25 4. A peace officer shall treat a foreign protective order as 26 a valid legal document and shall make an arrest for a violation 27 of the foreign protective order in the same manner that a peace 28 officer would make an arrest for a violation of a protective 29 order issued within this state. 30 a. The fact that a foreign protective order has not been 31 filed with the clerk of court or otherwise placed in a registry 32 shall not be grounds to refuse to enforce the terms of the 33 order unless it is apparent to the officer that the order is 34 invalid on its face. 35 -22- LSB 5237XS (3) 85 pf/nh 22/ 60
S.F. 2117 b. A peace officer acting reasonably and in good faith in 1 connection with the enforcement of a foreign protective order 2 shall be immune from civil and criminal liability in any action 3 arising in connection with such enforcement. 4 5. Filing and service costs in connection with foreign 5 protective orders are waived as provided in section 231G.3. 6 Sec. 20. CODE EDITOR DIRECTIVES. The Code editor shall do 7 all of the following: 8 1. Title new chapter 231G, as enacted in this Act, 9 the “Elder Abuse Response Act”, containing the following 10 subchapters: 11 a. Subchapter I, entitled “Elder abuse —— definitions”, 12 which includes section 231G.1, as enacted in this Act. 13 b. Subchapter II, entitled “Elder abuse resource and 14 referral initiative”, which includes section 231G.2, as enacted 15 in this Act. 16 c. Subchapter III, entitled “Relief from elder abuse”, 17 which includes sections 231G.3 through 231G.19, as enacted in 18 this Act. 19 2. Correct internal references as necessary. 20 DIVISION II 21 OTHER CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS 22 Sec. 21. NEW SECTION . 708.2D Elder abuse assault —— 23 mandatory minimums, penalties enhanced —— extension of no-contact 24 order. 25 1. For the purposes of this chapter, “elder abuse assault” 26 means an assault, as defined in section 708.1, of an older 27 individual as defined in section 231G.1. 28 2. On a first offense of elder abuse assault, the person 29 commits: 30 a. A simple misdemeanor, except as otherwise provided. 31 b. A serious misdemeanor if the elder abuse assault causes 32 bodily injury or mental illness. 33 c. An aggravated misdemeanor if the elder abuse assault is 34 committed with the intent to inflict a serious injury upon an 35 -23- LSB 5237XS (3) 85 pf/nh 23/ 60
S.F. 2117 older individual or if the person uses or displays a dangerous 1 weapon in connection with the assault. This paragraph does not 2 apply if section 708.6 or 708.8 applies. 3 d. An aggravated misdemeanor if the elder abuse assault 4 is committed by knowingly impeding the normal breathing or 5 circulation of the blood of an older individual by applying 6 pressure to the throat or neck of the older individual or by 7 obstructing the nose or mouth of the older individual. 8 3. Except as otherwise provided in subsection 2, on a second 9 offense of elder abuse assault, a person commits: 10 a. A serious misdemeanor if the first offense was classified 11 as a simple misdemeanor and the second offense would otherwise 12 be classified as a simple misdemeanor. 13 b. An aggravated misdemeanor if the first offense was 14 classified as a simple or aggravated misdemeanor, and the 15 second offense would otherwise be classified as a serious 16 misdemeanor, or the first offense was classified as a serious 17 or aggravated misdemeanor, and the second offense would 18 otherwise be classified as a simple or serious misdemeanor. 19 4. On a third or subsequent offense of elder abuse assault, 20 a person commits a class “D” felony. 21 5. For an elder abuse assault committed by knowingly 22 impeding the normal breathing or circulation of the blood of an 23 older individual by applying pressure to the throat or neck of 24 the older individual or by obstructing the nose or mouth of the 25 older individual, and causing bodily injury, the person commits 26 a class “D” felony. 27 6. a. A conviction for, deferred judgment for, or plea of 28 guilty to, a violation of this section which occurred more than 29 twelve years prior to the date of the violation charged shall 30 not be considered in determining that the violation charged is 31 a second or subsequent offense. 32 b. For the purpose of determining if a violation charged 33 is a second or subsequent offense, deferred judgments issued 34 pursuant to section 907.3 for violations of section 708.2 35 -24- LSB 5237XS (3) 85 pf/nh 24/ 60
S.F. 2117 or this section, which were issued on elder abuse assaults, 1 and convictions or the equivalent of deferred judgments for 2 violations in any other states under statutes substantially 3 corresponding to this section shall be counted as previous 4 offenses. The courts shall judicially notice the statutes of 5 other states which define offenses substantially equivalent 6 to the offenses defined in this section and can therefore be 7 considered corresponding statutes. Each previous violation on 8 which conviction or deferral of judgment was entered prior to 9 the date of the offense charged shall be considered and counted 10 as a separate previous offense. 11 c. An offense shall be considered a prior offense regardless 12 of whether it was committed upon the same victim. 13 7. a. A person convicted of violating subsection 2 or 3 14 shall serve a minimum term of two days of the sentence imposed 15 by law, and shall not be eligible for suspension of the minimum 16 sentence. The minimum term shall be served on consecutive 17 days. The court shall not impose a fine in lieu of the minimum 18 sentence, although a fine may be imposed in addition to the 19 minimum sentence. This section does not prohibit the court 20 from sentencing and the person from serving the maximum term of 21 confinement or from paying the maximum fine permitted pursuant 22 to chapters 902 and 903, and does not prohibit the court from 23 entering a deferred judgment or sentence pursuant to section 24 907.3, if the person has not previously received a deferred 25 sentence or judgment for a violation of section 708.2 or this 26 section which was issued on an elder abuse assault. 27 b. A person convicted of violating subsection 4 shall 28 be sentenced as provided under section 902.9, subsection 1, 29 paragraph “e” , and shall be denied parole or work release until 30 the person has served a minimum of one year of the person’s 31 sentence. Notwithstanding section 901.5, subsections 1, 3, and 32 5, and section 907.3, the person cannot receive a suspended or 33 deferred sentence or a deferred judgment; however, the person 34 sentenced shall receive credit for any time the person was 35 -25- LSB 5237XS (3) 85 pf/nh 25/ 60
S.F. 2117 confined in a jail or detention facility following arrest. 1 8. If a person is convicted for, receives a deferred 2 judgment for, or pleads guilty to a violation of this section, 3 the court shall modify the no-contact order issued upon initial 4 appearance in the manner provided in section 664A.5, regardless 5 of whether the person is placed on probation. 6 9. The clerk of the district court shall provide notice 7 and copies of a judgment entered under this section to the 8 applicable law enforcement agencies and the twenty-four-hour 9 dispatcher for the law enforcement agencies, in the manner 10 provided for protective orders under section 231G.8. The 11 clerk shall provide notice and copies of modifications of the 12 judgment in the same manner. 13 Sec. 22. NEW SECTION . 714.2A Theft against an older 14 individual. 15 1. If a person commits theft and the violation is committed 16 against an individual who was an older individual at the 17 time the theft was committed, notwithstanding the penalties 18 specified in section 714.2, all of the following shall apply: 19 a. If a person commits theft in the first degree pursuant to 20 section 714.2, subsection 1, the person is guilty of a class 21 “B” felony. 22 b. If a person commits theft in the second degree pursuant 23 to section 714.2, subsection 2, the person is guilty of a class 24 “C” felony. 25 c. If a person commits theft in the third degree pursuant to 26 section 714.2, subsection 3, the person is guilty of a class 27 “D” felony. 28 d. If a person commits theft in the fourth degree pursuant 29 to section 714.2, subsection 4, the person is guilty of an 30 aggravated misdemeanor. 31 e. If a person commits theft in the fifth degree pursuant to 32 section 714.2, subsection 5, the person is guilty of a serious 33 misdemeanor. 34 2. In determining whether to impose the penalties under 35 -26- LSB 5237XS (3) 85 pf/nh 26/ 60
S.F. 2117 subsection 1 , the court shall consider the following: 1 a. Whether the defendant’s conduct was in willful disregard 2 of the rights of the older individual. 3 b. Whether the defendant knew or should have known that the 4 defendant’s conduct was directed to an older individual. 5 c. Whether the older individual was substantially more 6 vulnerable to the defendant’s conduct because of age, poor 7 health, infirmity, impaired understanding, restricted mobility, 8 or disability, than other persons. 9 d. Any other factors the court deems appropriate. 10 3. For the purposes of this section, “older individual” 11 means older individual as defined in section 231G.1. 12 Sec. 23. NEW SECTION . 726.24 Elder abuse —— initiation of 13 charges —— penalty. 14 1. A charge of elder abuse may be initiated upon the 15 complaint of a private individual or as a result of an 16 investigation by a social service agency or on the direct 17 initiative of the attorney general, a county attorney, or a law 18 enforcement agency. 19 2. A person who intentionally commits elder abuse is guilty 20 of a class “C” felony if the intentional elder abuse results 21 in serious injury. 22 3. A person who recklessly commits elder abuse is guilty 23 of a class “D” felony if the reckless elder abuse results in 24 serious injury. 25 4. A person who intentionally commits elder abuse is guilty 26 of a class “C” felony if the intentional elder abuse results 27 in physical injury. 28 5. A person who recklessly commits elder abuse is guilty of 29 an aggravated misdemeanor if the reckless elder abuse results 30 in physical injury. 31 6. A person who otherwise intentionally or knowingly 32 commits elder abuse is guilty of a serious misdemeanor. 33 7. A person alleged to have committed a violation under 34 this section shall be charged with the respective offense 35 -27- LSB 5237XS (3) 85 pf/nh 27/ 60
S.F. 2117 cited, unless a charge may be brought based upon a more serious 1 offense, in which case the charge of the more serious offense 2 shall supersede the less serious charge. 3 8. It does not constitute a defense to a prosecution for any 4 violation under this section that the alleged perpetrator did 5 not know the age of the victim. 6 9. In a criminal action in which an older individual is 7 a victim, the state may move the court to advance the trial 8 on the docket. The presiding judge, after consideration of 9 the age and health of the victim, may advance the trial on 10 the docket. The motion may be filed and served with the 11 information or charges or at any time. 12 10. If a person is convicted or receives a deferred judgment 13 for, or pleads guilty to a violation of this section, the 14 court shall modify the no-contact order issued upon initial 15 appearance in the manner provided in section 664A.5, regardless 16 of whether the person is placed on probation. 17 11. The clerk of the district court shall provide notice 18 and copies of a judgment entered under this section to the 19 applicable law enforcement agencies and the twenty-four-hour 20 dispatcher for the law enforcement agencies, in the manner 21 provided for protective orders under section 231G.8. The 22 clerk shall provide notice and copies of modifications of the 23 judgment in the same manner. 24 12. For the purposes of this section: 25 a. “Elder abuse” and “older individual” mean the same as 26 defined in section 231G.1. 27 b. “Serious injury” means the same as defined in section 28 702.18. 29 Sec. 24. NEW SECTION . 726.25 Financial exploitation of an 30 older individual. 31 1. A person commits financial exploitation of an older 32 individual when the person stands in a position of trust or 33 confidence with the older individual and knowingly and by undue 34 influence, deception, coercion, fraud, breach of fiduciary 35 -28- LSB 5237XS (3) 85 pf/nh 28/ 60
S.F. 2117 duty, or extortion, obtains control over or otherwise uses the 1 benefits, property, resources, belongings, or assets of the 2 older individual. 3 2. A person who commits financial exploitation of an older 4 individual is guilty of the following, as applicable: 5 a. A serious misdemeanor if the value of the benefits, 6 property, resources, belongings, or assets is one hundred 7 dollars or less. 8 b. An aggravated misdemeanor if the value of the benefits, 9 property, resources, belongings, or assets exceeds one hundred 10 dollars but does not exceed one thousand dollars. 11 c. A class “D” felony if the value of the benefits, 12 property, resources, belongings, or assets exceeds one thousand 13 dollars but does not exceed ten thousand dollars. 14 d. A class “C” felony if the value of the benefits, 15 property, resources, belongings, or assets exceeds ten thousand 16 dollars but does not exceed fifty thousand dollars. 17 e. A class “B” felony if the value of the benefits, 18 property, resources, belongings, or assets exceeds fifty 19 thousand dollars, or if the older individual is seventy years 20 of age to eighty years of age and the value of the benefits, 21 property, resources, belongings, or assets is fifteen thousand 22 dollars or more, or if the older individual is eighty years 23 of age or older and the value of the benefits, property, 24 resources, belongings, or assets is five thousand dollars or 25 more. 26 3. Nothing in this section shall be construed to limit other 27 remedies available to the older individual including those 28 provided under chapters 231G and 236. 29 4. A person alleged to have committed a violation under 30 this section shall be charged with the respective offense 31 cited, unless a charge may be brought based upon a more serious 32 offense, in which case the charge of the more serious offense 33 shall supersede the less serious charge. 34 5. Nothing in this section shall be construed to impose 35 -29- LSB 5237XS (3) 85 pf/nh 29/ 60
S.F. 2117 criminal liability on a person who has made a good-faith effort 1 to assist an older individual in the management of the older 2 individual’s benefits, property, resources, belongings, or 3 assets, but through no fault of the person, the person has been 4 unable to provide such assistance. 5 6. It shall not be a defense to financial exploitation of 6 an older individual that the alleged perpetrator did not know 7 the age of the older individual or reasonably believed that the 8 alleged victim was not an older individual. 9 7. For the purposes of this section: 10 a. “Caregiver” means the same as defined in section 231G.1. 11 b. “Coercion” means communication or conduct which compels 12 an older individual to act or refrain from acting against the 13 older individual’s will. 14 c. “Fiduciary” means the same as defined in section 231G.1. 15 d. “Older individual” means the same as defined in section 16 231G.1. 17 e. “Stands in a position of trust or confidence” means the 18 person has any of the following relationships relative to the 19 older individual: 20 (1) Is a parent, spouse, adult child, or other relative by 21 consanguinity or affinity of the older individual. 22 (2) Is a joint tenant or tenant in common with the older 23 individual. 24 (3) Has a legal or fiduciary relationship with the older 25 individual. 26 (4) Is a financial planning or investment professional 27 providing or offering to provide financial planning or 28 investment advice to the older individual. 29 (5) Is a beneficiary of the older individual in a governing 30 instrument. 31 (6) Is a caregiver for the older individual. 32 (7) Is a person who is in a confidential relationship with 33 the older individual. The determination of the existence of a 34 confidential relationship is an issue of fact to be determined 35 -30- LSB 5237XS (3) 85 pf/nh 30/ 60
S.F. 2117 by the court based upon the totality of the circumstances. 1 f. “Undue influence” means the same as defined in section 2 231G.1. 3 Sec. 25. NEW SECTION . 726.26 Dependent adult abuse —— 4 initiation of charges —— penalty. 5 1. A charge of dependent adult abuse may be initiated 6 upon the complaint of a private individual or as a result of 7 an investigation by a social service agency or on the direct 8 initiative of the office of the attorney general, a county 9 attorney, or a law enforcement agency. 10 2. A caretaker who intentionally commits dependent adult 11 abuse is guilty of a class “C” felony if the intentional 12 dependent adult abuse results in serious injury. 13 3. A caretaker who recklessly commits dependent adult abuse 14 is guilty of a class “D” felony if the reckless dependent adult 15 abuse results in serious injury. 16 4. A caretaker who intentionally commits dependent adult 17 abuse is guilty of a class “C” felony if the intentional 18 dependent adult abuse results in physical injury. 19 5. A caretaker who commits dependent adult abuse by 20 exploitation of a dependent adult is guilty of a class “D” 21 felony if the value of the property, assets, or resources 22 exceeds one hundred dollars. 23 6. A caretaker who recklessly commits dependent adult 24 abuse is guilty of an aggravated misdemeanor if the reckless 25 dependent adult abuse results in physical injury. 26 7. A caretaker who otherwise intentionally or knowingly 27 commits dependent adult abuse is guilty of a serious 28 misdemeanor. 29 8. A caretaker who commits dependent adult abuse by 30 exploitation of a dependent adult is guilty of a simple 31 misdemeanor if the value of the property, assets, or resources 32 is one hundred dollars or less. 33 9. A caretaker alleged to have committed dependent adult 34 abuse shall be charged with the respective offense cited, 35 -31- LSB 5237XS (3) 85 pf/nh 31/ 60
S.F. 2117 unless a charge may be brought based upon a more serious 1 offense, in which case the charge of the more serious offense 2 shall supersede the less serious charge. 3 10. For the purposes of this section, “caretaker” , 4 “dependent adult” , “dependent adult abuse” , “exploitation” , 5 “recklessly” , and “serious injury” mean the same as defined or 6 described in section 235B.2. 7 Sec. 26. Section 714.16A, Code 2014, is amended to read as 8 follows: 9 714.16A Additional civil penalty for consumer frauds 10 committed against elderly older individual —— fund established. 11 1. a. If a person violates section 714.16 , and the 12 violation is committed against an older person individual , 13 in an action brought by the attorney general, in addition to 14 any other civil penalty, the court may impose an additional 15 civil penalty not to exceed five thousand dollars for each 16 such violation. Additionally, the attorney general may 17 accept a civil penalty as determined by the attorney general 18 in settlement of an investigation of a violation of section 19 714.16 , regardless of whether an action has been filed pursuant 20 to section 714.16 . 21 b. A civil penalty imposed by a court or determined and 22 accepted by the attorney general pursuant to this section shall 23 be paid to the treasurer of state, who shall deposit the money 24 in the elderly older individual victim fund, a separate fund 25 created in the state treasury and administered by the attorney 26 general for the investigation and prosecution of frauds against 27 the elderly older individuals . Notwithstanding section 8.33 , 28 any balance in the fund on June 30 of any fiscal year shall 29 not revert to the general fund of the state. An award of 30 reimbursement pursuant to section 714.16 has priority over a 31 civil penalty imposed by the court pursuant to this subsection . 32 2. In determining whether to impose a civil penalty under 33 subsection 1 , and the amount of any such penalty, the court 34 shall consider the following: 35 -32- LSB 5237XS (3) 85 pf/nh 32/ 60
S.F. 2117 a. Whether the defendant’s conduct was in willful disregard 1 of the rights of the older person individual . 2 b. Whether the defendant knew or should have known that the 3 defendant’s conduct was directed to an older person individual . 4 c. Whether the older person individual was substantially 5 more vulnerable to the defendant’s conduct because of age, poor 6 health, infirmity, impaired understanding, restricted mobility, 7 or disability, than other persons. 8 d. Any other factors the court deems appropriate. 9 3. As used in this section , “older person” individual” means 10 a person who is sixty-five years of age or older the same as 11 defined in section 231G.1 . 12 Sec. 27. REPEAL. Section 235B.20, Code 2014, is repealed. 13 Sec. 28. CODE EDITOR DIRECTIVES. The Code editor shall do 14 all of the following: 15 1. Create a new subchapter in chapter 726, entitled 16 “Resident, Dependent Adult, and Older Individual Protection” 17 that includes sections 726.24, 726.25, and 726.26, as enacted 18 in this Act. 19 2. a. Transfer sections 726.7 and 726.8, Code 2014, to 20 the new subchapter and renumber the transferred sections as 21 follows: 22 (1) Section 726.7 as section 726.27. 23 (2) Section 726.8 as section 726.28. 24 b. Correct internal references as necessary. 25 3. Revise the title of chapter 726 to read “Protections 26 for the family, dependent persons, residents of health care 27 facilities, and older individuals”. 28 DIVISION III 29 ADDITIONAL PROVISIONS —— OLDER INDIVIDUALS 30 Sec. 29. Section 135.11, subsection 24, Code 2014, is 31 amended to read as follows: 32 24. Review and approve mandatory reporter training 33 curricula for those persons who work in a position 34 classification that under law makes the persons mandatory 35 -33- LSB 5237XS (3) 85 pf/nh 33/ 60
S.F. 2117 reporters of child or dependent adult abuse and the position 1 classification does not have a mandatory reporter training 2 curriculum approved by a licensing or examining board. The 3 department shall collaborate with the department on aging 4 in approving a curriculum to satisfy the combined training 5 requirements pursuant to section 235B.16, subsection 5. 6 Sec. 30. Section 231.23, Code 2014, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 14. Develop and maintain, in consultation 9 with the department of human services and the department of 10 inspections and appeals, a dependent adult abuse mandatory 11 reporter training curriculum for those persons who work in 12 a position classification that under law makes the persons 13 mandatory reporters of dependent adult abuse and the position 14 classification does not have a mandatory reporter training 15 curriculum approved by a licensing or examining board. The 16 curriculum shall provide information regarding available 17 resources, referral and support services, and intervention 18 options including those pursuant to chapters 231G, 235B, and 19 235E. The department shall collaborate with the department of 20 human services and the department of public health in approving 21 a curriculum to satisfy the combined training requirements 22 pursuant to section 235B.16, subsection 5. 23 NEW SUBSECTION . 15. Certify trainers to provide the 24 dependent adult abuse mandatory reporter training curriculum 25 developed and maintained by the department. A trainer shall 26 not utilize the department’s curriculum unless the trainer has 27 been certified by completing the department’s required training 28 program. The department’s training program shall include but 29 is not limited to information on laws, rules, and regulations 30 relating to dependent adults and available resources, referral 31 and support services, and intervention options including those 32 available pursuant to chapters 231G, 235B, and 235E. The 33 department shall adopt rules relating to trainer certification 34 including but not limited to issuance, renewal, and revocation 35 -34- LSB 5237XS (3) 85 pf/nh 34/ 60
S.F. 2117 of certification. 1 Sec. 31. Section 235B.6, subsection 2, paragraph e, 2 subparagraph (5), Code 2014, is amended to read as follows: 3 (5) The office of the attorney for the department who is 4 responsible for representing the department general . 5 Sec. 32. Section 235B.6, subsection 3, Code 2014, is amended 6 to read as follows: 7 3. Access to unfounded dependent adult abuse information is 8 authorized only to those persons identified in subsection 2 , 9 paragraph “a” , paragraph “b” , subparagraphs (2), (5), and (6), 10 and paragraph “e” , subparagraphs (2) , (5), and (10). 11 Sec. 33. Section 235B.16, subsections 1, 2, and 3, Code 12 2014, are amended to read as follows: 13 1. The department on aging, in cooperation with the 14 department, shall conduct a public information and education 15 program. The elements and goals of the program include but are 16 not limited to: 17 a. Informing the public regarding the laws governing 18 dependent adult abuse and elder abuse, the reporting 19 requirements for dependent adult abuse , and the resource and 20 referral options available under this chapter and chapters 231G 21 and 235E . 22 b. Providing caretakers with information regarding services 23 to alleviate the emotional, psychological, physical, or 24 financial stress associated with the caretaker and dependent 25 adult relationship. 26 c. Affecting public attitudes regarding the role of a 27 dependent adult adults and older individuals in society. 28 2. The department on aging , in cooperation with the 29 department on aging of human services and the department of 30 inspections and appeals, shall institute a program of education 31 and training for persons, including members of provider groups 32 and family members, who may come in contact with encounter 33 dependent adult abuse or elder abuse . The program shall 34 include but is not limited to instruction regarding recognition 35 -35- LSB 5237XS (3) 85 pf/nh 35/ 60
S.F. 2117 of dependent adult abuse and elder abuse and the procedure for 1 the reporting of suspected abuse. 2 3. The content of the continuing education required 3 pursuant to chapter 272C for a licensed professional providing 4 care or service to a dependent adult shall include, but is 5 not limited to, the responsibilities, obligations, powers, 6 and duties of a person regarding the reporting of suspected 7 dependent adult abuse, and training to aid the professional 8 in identifying instances of dependent adult abuse , and the 9 resource and referral options available under this chapter and 10 chapters 231G and 235E to address dependent adult abuse and 11 elder abuse . 12 Sec. 34. Section 235B.16, subsection 5, paragraphs d and e, 13 Code 2014, are amended to read as follows: 14 d. The person may complete the initial or additional 15 training requirements as a part of any of the following that 16 are applicable to the person: 17 (1) A continuing education program required under chapter 18 272C and approved by the appropriate licensing board. 19 (2) A training program using a the curriculum approved by 20 the director of public health department on aging pursuant to 21 section 135.11 231.23 . 22 (3) A training program using such an approved the curriculum 23 approved by the department on aging pursuant to section 231.23 24 and offered by the department of human services, the department 25 on aging, the department of inspections and appeals, the Iowa 26 law enforcement academy, or a similar public agency. 27 e. A person required to complete both child abuse and 28 dependent adult abuse mandatory reporter training may complete 29 the training through a program which combines child abuse and 30 dependent adult abuse curricula and thereby meet the training 31 requirements of both this subsection and section 232.69 32 simultaneously. A person who is a mandatory reporter for both 33 child abuse and dependent adult abuse may satisfy the combined 34 training requirements of this subsection and section 232.69 35 -36- LSB 5237XS (3) 85 pf/nh 36/ 60
S.F. 2117 through completion of a two-hour four-hour training program, 1 if the training program curriculum provides equal coverage of 2 both child and dependent adult abuse and is approved by the 3 appropriate licensing board or collaboratively by the director 4 of public health pursuant to section 135.11 and the department 5 on aging pursuant to section 231.23, as applicable . 6 Sec. 35. Section 235B.16, Code 2014, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 7. For the purposes of this section, 9 “elder abuse” and “older individual” mean the same as defined 10 in section 231G.1. 11 DIVISION IV 12 CONFORMING CHANGES 13 Sec. 36. Section 13.2, subsection 1, Code 2014, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . o. Develop written procedures and policies 16 to be followed by prosecuting attorneys in the prosecution 17 of elder abuse, elder abuse assault, theft against an older 18 individual, consumer frauds committed against an older 19 individual, and financial exploitation of an older individual 20 under chapter 231G and sections 708.2D, 714.2A, 714.16A, 21 726.24, and 726.25. 22 Sec. 37. Section 13.31, subsection 3, Code 2014, is amended 23 to read as follows: 24 3. Administer the domestic abuse program provided in 25 chapter 236 and elder abuse actions commenced under chapter 26 231G . 27 Sec. 38. Section 135B.7, Code 2014, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 5. The department shall also adopt rules 30 requiring hospitals to establish and implement protocols for 31 responding to the needs of patients who are victims of elder 32 abuse, as defined in section 231G.1. 33 Sec. 39. Section 231.23, Code 2014, is amended by adding the 34 following new subsection: 35 -37- LSB 5237XS (3) 85 pf/nh 37/ 60
S.F. 2117 NEW SUBSECTION . 14. Collaborate with the department of 1 public health to develop protocols, functions, timing, roles, 2 and responsibilities relating to the suspicious deaths of older 3 individuals review team created in chapter 135, division XXXI. 4 Sec. 40. Section 231.64, subsection 1, Code 2014, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. The primary point of entry for the elder 7 abuse resource and referral program created in chapter 231G. 8 Sec. 41. Section 232.8, subsection 1, Code 2014, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . e. The juvenile court shall have 11 jurisdiction in proceedings commenced against a child pursuant 12 to section 231G.3 over which the district court has waived its 13 jurisdiction. The juvenile court shall hear the action in the 14 manner of an adjudicatory hearing under section 232.47, subject 15 to the following: 16 (1) The juvenile court shall abide by the provisions of 17 sections 231G.7 and 231G.9 in holding hearings and making a 18 disposition. 19 (2) The plaintiff is entitled to proceed pro se under 20 sections 231G.4 and 231G.5. 21 Sec. 42. Section 232.22, subsection 1, Code 2014, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . h. There is probable cause to believe 24 that the child has committed a delinquent act which would be 25 elder abuse under chapter 231G or an elder abuse assault under 26 section 708.2D if committed by an adult. 27 Sec. 43. Section 232.52, subsection 2, Code 2014, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . i. In the case of a child adjudicated 30 delinquent for an act which would be a violation of chapter 31 231G or section 708.2D if committed by an adult, an order 32 requiring the child to attend a batterers’ treatment program 33 under section 708.2B. 34 Sec. 44. Section 331.424, subsection 1, paragraph a, 35 -38- LSB 5237XS (3) 85 pf/nh 38/ 60
S.F. 2117 subparagraph (6), Code 2014, is amended to read as follows: 1 (6) The maintenance and operation of the courts, including 2 but not limited to the salary and expenses of the clerk of the 3 district court and other employees of the clerk’s office, and 4 bailiffs, court costs if the prosecution fails or if the costs 5 cannot be collected from the person liable, costs and expenses 6 of prosecution under section 189A.17 , salaries and expenses 7 of juvenile court officers under chapter 602 , court-ordered 8 costs in domestic abuse cases under section 236.5 and elder 9 abuse cases under section 231G.8 , the county’s expense 10 for confinement of prisoners under chapter 356A , temporary 11 assistance to the county attorney, county contributions to a 12 retirement system for bailiffs, reimbursement for judicial 13 magistrates under section 602.6501 , claims filed under section 14 622.93 , interpreters’ fees under section 622B.7 , uniform 15 citation and complaint supplies under section 805.6 , and costs 16 of prosecution under section 815.13 . 17 Sec. 45. Section 507B.4, subsection 3, paragraph g, Code 18 2014, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (4) Making or permitting any 20 discrimination in the sale of insurance solely on the basis of 21 elder abuse as defined in section 231G.1. 22 Sec. 46. Section 562A.27A, subsection 3, paragraph a, 23 subparagraph (1), Code 2014, is amended to read as follows: 24 (1) The tenant seeks a protective order, restraining 25 order, order to vacate the homestead, or other similar relief 26 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 27 applicable provision which would apply to the person conducting 28 the activities causing the clear and present danger. 29 Sec. 47. Section 562B.25A, subsection 3, paragraph a, 30 subparagraph (1), Code 2014, is amended to read as follows: 31 (1) The tenant seeks a protective order, restraining 32 order, order to vacate the homestead, or other similar relief 33 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 34 applicable provision which would apply to the person conducting 35 -39- LSB 5237XS (3) 85 pf/nh 39/ 60
S.F. 2117 the activities causing the clear and present danger. 1 Sec. 48. Section 598.7, subsection 1, Code 2014, is amended 2 to read as follows: 3 1. The district court may, on its own motion or on the 4 motion of any party, order the parties to participate in 5 mediation in any dissolution of marriage action or other 6 domestic relations action. Mediation performed under this 7 section shall comply with the provisions of chapter 679C . 8 The provisions of this section shall not apply if the action 9 involves a child support or medical support obligation enforced 10 by the child support recovery unit. The provisions of this 11 section shall not apply to actions which involve elder abuse 12 as defined in section 231G.1 or domestic abuse pursuant 13 to chapter 236 . The provisions of this section shall not 14 affect a judicial district’s or court’s authority to order 15 settlement conferences pursuant to rules of civil procedure. 16 The court shall, on application of a party, grant a waiver 17 from any court-ordered mediation under this section if the 18 party demonstrates that a history of domestic abuse exists as 19 specified in section 598.41, subsection 3 , paragraph “j” . 20 Sec. 49. Section 598.16, subsection 7, Code 2014, is amended 21 to read as follows: 22 7. Upon application, the court shall grant a waiver from 23 the requirements of this section if a party demonstrates that 24 a history of elder abuse, as defined in section 231G.1, or 25 domestic abuse, as defined in section 236.2 , exists. 26 a. In determining whether a history of elder abuse exists, 27 the court’s consideration shall include but is not limited 28 to commencement of an action pursuant to section 231G.3, the 29 issuance of a court order or consent agreement pursuant to 30 section 231G.8, the issuance of an emergency order pursuant to 31 section 231G.9, the holding of a party in contempt pursuant to 32 section 664A.7, the response of a peace officer to the scene 33 of alleged elder abuse, or the arrest of a party following 34 response to a report of alleged elder abuse, or a conviction 35 -40- LSB 5237XS (3) 85 pf/nh 40/ 60
S.F. 2117 for elder abuse assault pursuant to section 708.2D. 1 b. In determining whether a history of domestic abuse 2 exists, the court’s consideration shall include but is not 3 limited to commencement of an action pursuant to section 236.3 , 4 the issuance of a protective order against a party or the 5 issuance of a court order or consent agreement pursuant to 6 section 236.5 , the issuance of an emergency order pursuant to 7 section 236.6 , the holding of a party in contempt pursuant to 8 section 664A.7 , the response of a peace officer to the scene 9 of alleged domestic abuse or the arrest of a party following 10 response to a report of alleged domestic abuse, or a conviction 11 for domestic abuse assault pursuant to section 708.2A . 12 Sec. 50. Section 598.41, subsection 3, paragraph j, Code 13 2014, is amended to read as follows: 14 j. Whether a history of elder abuse, as defined in section 15 231G.1 or domestic abuse, as defined in section 236.2 , exists. 16 (1) In determining whether a history of elder abuse exists, 17 the court’s consideration shall include but is not limited 18 to commencement of an action pursuant to section 231G.3, the 19 issuance of a court order or consent agreement pursuant to 20 section 231G.8, the issuance of an emergency order pursuant to 21 section 231G.9, the holding of a party in contempt pursuant to 22 section 664A.7, the response of a peace officer to the scene of 23 alleged elder abuse or the arrest of a party following response 24 to a report of alleged elder abuse, or a conviction for elder 25 abuse assault pursuant to section 708.2D. 26 (2) In determining whether a history of domestic abuse 27 exists, the court’s consideration shall include but is not 28 limited to commencement of an action pursuant to section 236.3 , 29 the issuance of a protective order against the parent or the 30 issuance of a court order or consent agreement pursuant to 31 section 236.5 , the issuance of an emergency order pursuant to 32 section 236.6 , the holding of a parent in contempt pursuant to 33 section 664A.7 , the response of a peace officer to the scene 34 of alleged domestic abuse or the arrest of a parent following 35 -41- LSB 5237XS (3) 85 pf/nh 41/ 60
S.F. 2117 response to a report of alleged domestic abuse, or a conviction 1 for domestic abuse assault pursuant to section 708.2A . 2 Sec. 51. Section 598.41D, subsection 4, paragraph b, 3 subparagraph (2), Code 2014, is amended to read as follows: 4 (2) That the specified family member does not have a history 5 of elder abuse, as defined in section 231G.1 or domestic abuse, 6 as defined in section 236.2 . 7 (a) In determining whether a history of elder abuse exists, 8 the court’s consideration shall include but is not limited 9 to commencement of an action pursuant to section 231G.3, the 10 issuance of a court order or consent agreement pursuant to 11 section 231G.8, the issuance of an emergency order pursuant to 12 section 231G.9, the holding of a party in contempt pursuant to 13 section 664A.7, the response of a peace officer to the scene of 14 alleged elder abuse or the arrest of a party following response 15 to a report of alleged elder abuse, or a conviction for elder 16 abuse assault pursuant to section 708.2D. 17 (b) In determining whether a history of domestic abuse 18 exists, the court’s consideration shall include but is not 19 limited to commencement of an action pursuant to section 236.3 , 20 the issuance of a protective order against the individual or 21 the issuance of a court order or consent agreement pursuant 22 to section 236.5 , the issuance of an emergency order pursuant 23 to section 236.6 , the holding of an individual in contempt 24 pursuant to section 664A.7 , the response of a peace officer 25 to the scene of alleged domestic abuse or the arrest of an 26 individual following response to a report of alleged domestic 27 abuse, or a conviction for domestic abuse assault pursuant to 28 section 708.2A . 29 Sec. 52. Section 598.42, Code 2014, is amended to read as 30 follows: 31 598.42 Notice of certain orders by clerk of court. 32 The clerk of the district court shall provide notice and 33 copies of temporary or permanent protective orders and orders 34 to vacate the homestead entered pursuant to this chapter to 35 -42- LSB 5237XS (3) 85 pf/nh 42/ 60
S.F. 2117 the applicable law enforcement agencies and the twenty-four 1 hour dispatcher for the law enforcement agencies, in the manner 2 provided for protective orders under section 231G.8 or 236.5 . 3 The clerk shall provide notice and copies of modifications or 4 vacations of these orders in the same manner. 5 Sec. 53. Section 602.6306, subsection 2, Code 2014, is 6 amended to read as follows: 7 2. District associate judges also have jurisdiction 8 in civil actions for money judgment where the amount in 9 controversy does not exceed ten thousand dollars; jurisdiction 10 over involuntary commitment, treatment, or hospitalization 11 proceedings under chapters 125 and 229 ; jurisdiction of 12 indictable misdemeanors, class “D” felony violations, and 13 other felony arraignments; jurisdiction to enter a temporary 14 or emergency order of protection under chapter 231G or 236 , 15 and to make court appointments and set hearings in criminal 16 matters; jurisdiction to enter orders in probate which do not 17 require notice and hearing and to set hearings in actions under 18 chapter 633 or 633A ; and the jurisdiction provided in section 19 602.7101 when designated as a judge of the juvenile court. 20 While presiding in these subject matters a district associate 21 judge shall employ district judges’ practice and procedure. 22 Sec. 54. Section 611.23, Code 2014, is amended to read as 23 follows: 24 611.23 Civil actions involving allegations of elder abuse, 25 sexual abuse , or domestic abuse —— counseling. 26 In a civil case in which a plaintiff is seeking relief or 27 damages for alleged elder abuse as defined in section 231G.1, 28 sexual abuse as defined in section 709.1 , or domestic abuse 29 as defined in section 236.2 , the plaintiff may seek, and the 30 court may grant, an order requiring the defendant to receive 31 professional counseling, in addition to any other appropriate 32 relief or damages. 33 Sec. 55. Section 664A.1, subsection 2, Code 2014, is amended 34 to read as follows: 35 -43- LSB 5237XS (3) 85 pf/nh 43/ 60
S.F. 2117 2. “Protective order” means a protective order issued 1 pursuant to chapter 232 , a court order or court-approved 2 consent agreement entered pursuant to this chapter or chapter 3 231G, including a valid foreign protective order under section 4 231G.19, a court order or court-approved consent agreement 5 entered pursuant to chapter 236 , including a valid foreign 6 protective order under section 236.19, subsection 3 , a 7 temporary or permanent protective order or order to vacate 8 the homestead under chapter 598 , or an order that establishes 9 conditions of release or is a protective order or sentencing 10 order in a criminal prosecution arising from a domestic abuse 11 assault under section 708.2A or elder abuse assault under 12 section 708.2D , or a civil injunction issued pursuant to 13 section 915.22 . 14 Sec. 56. Section 664A.2, Code 2014, is amended to read as 15 follows: 16 664A.2 Applicability. 17 1. This chapter applies to no-contact orders issued for 18 violations or alleged violations of sections 708.2A , 708.2D, 19 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public 20 offense for which there is a victim. 21 2. A protective order issued in a civil proceeding shall 22 be issued pursuant to chapter 231G, 232 , 236 , 598 , or 915 . 23 Punishment for a violation of a protective order shall be 24 imposed pursuant to section 664A.7 . 25 Sec. 57. Section 664A.3, subsection 1, unnumbered paragraph 26 1, Code 2014, is amended to read as follows: 27 When a person is taken into custody for contempt proceedings 28 pursuant to section 231G.13 or 236.11 , or arrested for any 29 public offense referred to in section 664A.2, subsection 1 , 30 and the person is brought before a magistrate for initial 31 appearance, the magistrate shall enter a no-contact order if 32 the magistrate finds both of the following: 33 Sec. 58. Section 664A.3, subsection 2, Code 2014, is amended 34 to read as follows: 35 -44- LSB 5237XS (3) 85 pf/nh 44/ 60
S.F. 2117 2. Notwithstanding chapters 804 and 805 , a person taken 1 into custody pursuant to section 231G.13 or 236.11 , or arrested 2 pursuant to section 231G.14 or 236.12 may be released on bail 3 or otherwise only after initial appearance before a magistrate 4 as provided in chapter 804 and the rules of criminal procedure 5 or section 231G.13 or 236.11 , whichever is applicable. 6 Sec. 59. Section 664A.4, subsection 2, Code 2014, is amended 7 to read as follows: 8 2. The clerk of the district court shall provide a notice 9 and copy of the no-contact order to the appropriate law 10 enforcement agencies and the twenty-four-hour dispatcher for 11 the law enforcement agencies in the same manner as provided 12 in section 231G.8 or 236.5 , as applicable . The clerk of 13 the district court shall provide a notice and copy of a 14 modification or vacation of a no-contact order in the same 15 manner. 16 Sec. 60. Section 664A.5, Code 2014, is amended to read as 17 follows: 18 664A.5 Modification —— entry of permanent no-contact order. 19 If a defendant is convicted of, receives a deferred judgment 20 for, or pleads guilty to a public offense referred to in 21 section 664A.2, subsection 1 , or is held in contempt for a 22 violation of a no-contact order issued under section 664A.3 23 or for a violation of a protective order issued pursuant to 24 chapter 231G, 232 , 236 , 598 , or 915 , the court shall either 25 terminate or modify the temporary no-contact order issued 26 by the magistrate. The court may enter a no-contact order 27 or continue the no-contact order already in effect for a 28 period of five years from the date the judgment is entered or 29 the deferred judgment is granted, regardless of whether the 30 defendant is placed on probation. 31 Sec. 61. Section 664A.6, subsection 2, Code 2014, is amended 32 to read as follows: 33 2. a. If the peace officer is investigating a domestic 34 abuse assault pursuant to section 708.2A , the officer shall 35 -45- LSB 5237XS (3) 85 pf/nh 45/ 60
S.F. 2117 also comply with sections 236.11 and 236.12 . 1 b. If the peace officer is investigating an elder abuse 2 assault pursuant to section 708.2D, the officer shall also 3 comply with sections 231G.13 and 231G.14. 4 Sec. 62. Section 664A.7, subsections 1, 3, and 5, Code 2014, 5 are amended to read as follows: 6 1. Violation of a no-contact order issued under this 7 chapter or a protective order issued pursuant to chapter 231G, 8 232 , 236 , or 598 , including a modified no-contact order, is 9 punishable by summary contempt proceedings. 10 3. If convicted of or held in contempt for a violation 11 of a no-contact order or a modified no-contact order for a 12 public offense referred to in section 664A.2, subsection 1 , 13 or held in contempt of a no-contact order issued during a 14 contempt proceeding brought pursuant to section 231G.13 or 15 236.11 , the person shall be confined in the county jail for 16 a minimum of seven days. A jail sentence imposed pursuant 17 to this subsection shall be served on consecutive days. No 18 portion of the mandatory minimum term of confinement imposed 19 by this subsection shall be deferred or suspended. A deferred 20 judgment, deferred sentence, or suspended sentence shall not 21 be entered for a violation of a no-contact order, modified 22 no-contact order, or protective order and the court shall not 23 impose a fine in lieu of the minimum sentence, although a fine 24 may be imposed in addition to the minimum sentence. 25 5. Violation of a no-contact order entered for the offense 26 or alleged offense of domestic abuse assault in violation of 27 section 708.2A , the offense or alleged offense of elder abuse 28 assault in violation of section 708.2D, or a violation of a 29 protective order issued pursuant to chapter 231G, 232 , 236 , 30 598 , or 915 constitutes a public offense and is punishable as 31 a simple misdemeanor. Alternatively, the court may hold a 32 person in contempt of court for such a violation, as provided 33 in subsection 3 . 34 Sec. 63. Section 804.7, Code 2014, is amended by adding the 35 -46- LSB 5237XS (3) 85 pf/nh 46/ 60
S.F. 2117 following new subsections: 1 NEW SUBSECTION . 7. If the peace officer has reasonable 2 grounds for believing that elder abuse, as defined in section 3 231G.1, has occurred and has reasonable grounds for believing 4 that the person to be arrested has committed it. 5 NEW SUBSECTION . 8. As required by section 231G.14, 6 subsection 2. 7 Sec. 64. Section 915.22, Code 2014, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 6. The clerk of the district court shall 10 provide notice and copies of restraining orders issued pursuant 11 to this section in a criminal case involving an alleged 12 violation of section 708.2D to the applicable law enforcement 13 agencies and the twenty-four-hour dispatcher for the law 14 enforcement agencies, in the manner provided for protective 15 orders under section 231G.8. The clerk shall provide notice 16 and copies of modifications or vacations of these orders in the 17 same manner. 18 Sec. 65. Section 915.23, subsection 1, Code 2014, is amended 19 to read as follows: 20 1. An employer shall not discharge an employee, or take 21 or fail to take action regarding an employee’s promotion or 22 proposed promotion, or take action to reduce an employee’s 23 wages or benefits for actual time worked, due to the service 24 of an employee as a witness in a criminal proceeding or as a 25 plaintiff, defendant, or witness in a civil proceeding pursuant 26 to chapter 231G or 236 . 27 Sec. 66. NEW SECTION . 915.50A General rights of elder abuse 28 victims. 29 In addition to other victim rights provided in this chapter, 30 victims of elder abuse shall have the following rights: 31 1. The right to file a pro se petition for relief from 32 elder abuse in the district court, pursuant to sections 231G.3 33 through 231G.12. 34 2. The right, pursuant to section 231G.14, for law 35 -47- LSB 5237XS (3) 85 pf/nh 47/ 60
S.F. 2117 enforcement to remain on the scene, to assist the victim 1 in leaving the scene, to assist the victim in obtaining 2 transportation to medical care, and to provide the person 3 with a written statement of victim rights and information 4 about emergency shelters, support services, and the aging and 5 disability resource center network. 6 3. The right to receive a criminal no-contact order upon a 7 finding of probable cause, pursuant to section 664A.3. 8 Sec. 67. Section 915.82, subsection 1, paragraph a, 9 subparagraph (8), Code 2014, is amended to read as follows: 10 (8) A person representing the elderly older individuals . 11 Sec. 68. Section 915.94, Code 2014, is amended to read as 12 follows: 13 915.94 Victim compensation fund. 14 A victim compensation fund is established as a separate fund 15 in the state treasury. Moneys deposited in the fund shall 16 be administered by the department and dedicated to and used 17 for the purposes of section 915.41 and this subchapter . In 18 addition, the department may use moneys from the fund for the 19 purpose of the department’s prosecutor-based victim service 20 coordination, including the duties defined in sections 910.3 21 and 910.6 and this chapter , and for the award of funds to 22 programs that provide services and support to victims of elder 23 abuse as provided in chapter 231G, domestic abuse or sexual 24 assault as provided in chapter 236 , to victims under section 25 710A.2 , and for the support of an automated victim notification 26 system established in section 915.10A . The department may also 27 use up to one hundred thousand dollars from the fund to provide 28 training for victim service providers. Notwithstanding section 29 8.33 , any balance in the fund on June 30 of any fiscal year 30 shall not revert to the general fund of the state. 31 Sec. 69. CODE EDITOR DIRECTIVE. The Code editor shall 32 revise the subchapter VI heading under chapter 915 to 33 read “Victims of domestic abuse, elder abuse, and human 34 trafficking”. 35 -48- LSB 5237XS (3) 85 pf/nh 48/ 60
S.F. 2117 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to older individuals, including civil and 4 criminal protections. 5 The bill establishes provisions relating to elder abuse 6 which is the abuse, neglect, or financial exploitation of 7 an older individual. “Older individual” is defined as an 8 individual who is 60 years of age or older. 9 The bill directs the department on aging (IDA) to establish 10 an elder abuse resource and referral program. The purposes 11 of the program are to empower older individuals to maximize 12 their autonomy; to recognize the rights of older individuals 13 including the right to be free of abuse, neglect, and financial 14 exploitation; to increase the awareness of elder abuse and 15 provide options for older individuals at risk of elder abuse; 16 and to provide a mechanism to address prevention, detection, 17 and reporting of and intervention in cases of abuse, neglect, 18 and financial exploitation of older individuals. IDA is to 19 utilize the area agencies on aging to implement the program in 20 each designated planning and service area through a designated 21 elder rights specialist and a local network of partners 22 and stakeholders. The aging and disability resource center 23 network is the primary point of entry for individuals seeking 24 information and assistance regarding elder abuse. The program 25 includes a public education component to increase awareness 26 regarding elder abuse and the services provided through the 27 program and a component to provide for response to reports of 28 suspected elder abuse. IDA is authorized to adopt rules to 29 administer the program. 30 The bill provides for the commencement of actions by an older 31 individual, or the guardian, conservator, attorney in fact, 32 or guardian ad litem of an older individual, to seek relief 33 from elder abuse including the filing of a petition for a 34 protective order or temporary or emergency orders. The relief 35 -49- LSB 5237XS (3) 85 pf/nh 49/ 60
S.F. 2117 provided under the bill is not available if the action involves 1 a guardian or conservator of the older individual and the 2 relief sought is more appropriately obtained in a protective 3 proceeding filed under Code chapter 633 (probate code). The 4 bill provides for plaintiffs proceeding pro se; provides 5 authorization for assistance by the county attorney and the 6 appointment of a guardian ad litem for the older individual; 7 and provides the process for actions under the bill. Following 8 a finding of elder abuse, the bill specifies the disposition 9 the court may order, if requested by the plaintiff; that the 10 defendant under certain circumstances be required to move from 11 the residence of the older individual; that the defendant 12 provide suitable alternative housing for the older individual; 13 that a peace officer accompany the party who is leaving or 14 has left the party’s residence to remove essential personal 15 effects of the party; that the defendant be restrained from 16 abusing, intimidating, molesting, interfering with, or menacing 17 the older individual, or attempting to abuse, intimidate, 18 molest, interfere with, or menace the older individual; that 19 the defendant be restrained from entering or attempting to 20 enter on any premises when it appears to the court that such 21 restraint is necessary to prevent the defendant from abusing, 22 intimidating, molesting, interfering with, or menacing the 23 older individual; that the defendant be restrained from 24 exercising any powers on behalf of the older individual through 25 a court-appointed guardian, conservator, or guardian ad litem, 26 an attorney in fact, or another third party; that the defendant 27 be restrained from owning, possessing, purchasing, receiving, 28 or attempting to receive a firearm, offensive weapon, or 29 ammunition; and in addition to other specific relief, other 30 relief that the court considers necessary to provide for the 31 safety and welfare of the older individual. 32 If the court finds that the older individual has been the 33 victim of financial exploitation, the court may order the 34 relief the court considers necessary to prevent or remedy the 35 -50- LSB 5237XS (3) 85 pf/nh 50/ 60
S.F. 2117 financial exploitation, including but not limited to directing 1 the defendant to refrain from exercising control over the 2 benefits, property, resources, belongings, or assets of the 3 older individual; requiring the defendant to return custody 4 or control of the benefits, property, resources, belongings, 5 or assets to the older individual; requiring the defendant 6 to follow the instructions of the guardian, conservator, or 7 attorney in fact of the older individual; and prohibiting the 8 defendant from transferring the benefits, property, resources, 9 belongings, or assets of the older individual to any person 10 other than the older individual. The court is prohibited 11 from using an order to allow any person other than the older 12 individual to assume responsibility for the benefits, property, 13 resources, belongings, or assets of the older individual; 14 or to provide relief that is more appropriately obtained in 15 a protective proceeding filed under Code chapter 633. The 16 bill also provides for relief through approval of a consent 17 agreement but limits the content of such consent agreement. 18 An approved consent agreement cannot contain a provision 19 that prohibits any party to the action from contacting or 20 cooperating with any government agency, a licensing or 21 regulatory agency that has jurisdiction over any license or 22 certification held by the defendant, a protection and advocacy 23 agency, or the defendant’s current employer; prohibits any 24 party to the action from filing a complaint with or reporting 25 a violation of law to any government agency, a licensing or 26 regulatory agency that has jurisdiction over any license or 27 certification held by the defendant; a protection and advocacy 28 agency, or the defendant’s current employer; or a provision 29 that requires any party to the action to withdraw a complaint 30 filed with or a violation reported to any government agency, a 31 licensing or regulatory agency that has jurisdiction over any 32 license or certification held by the defendant, a protection 33 and advocacy agency, or the defendant’s current employer. 34 A protective order or approved consent agreement is limited 35 -51- LSB 5237XS (3) 85 pf/nh 51/ 60
S.F. 2117 to a fixed period of time not to exceed one year. The court 1 may amend or extend its order or a consent agreement at any 2 time upon a petition filed by either party and after notice and 3 hearing. The number of extensions that may be granted by the 4 court is not limited. An order or approved consent agreement 5 under this Code section shall not affect title to real 6 property. A copy of any order or approved consent agreement 7 must be issued to the plaintiff, the defendant, the county 8 sheriff of the county in which the order or consent decree is 9 initially entered, and the 24-hour dispatcher for the county 10 sheriff. Any subsequent amendment or revocation of an order 11 or consent agreement must be forwarded by the clerk to all 12 individuals previously notified. The bill directs that clerk 13 to notify the county sheriff and the 24-hour dispatcher for 14 the county sheriff in writing so that the county sheriff and 15 the county sheriff’s dispatcher receive written notice within 16 six hours of filing the order, approved consent agreement, 17 amendment, or revocation. The county sheriff’s dispatcher must 18 notify all law enforcement agencies having jurisdiction over 19 the matter and the 24-hour dispatcher for the law enforcement 20 agencies upon