SF 2117 (LSB 5237XS (3) 85)

SENATE FILE 2117

BY  RAGAN

(COMPANION TO HF 2106 BY HEDDENS)

A BILL FOR

An Act relating to elder abuse and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

ELDER ABUSE RESPONSE INITIATIVE
    Section 1.  NEW SECTION.  231G.1  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. “Abuse” includes but is not limited to:
   a.  Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of an older individual.
   b.  The commission of a sexual offense under chapter 709 or section 726.2 with or against an older individual.
   c.  The commission of elder abuse assault under section 708.2D.
   2.  “Aging and disability resource center” means the same as defined in section 231.4.
   3.  “Area agency on aging” means the same as defined in section 231.4.
   4.  “Attorney in fact” means an attorney in fact under a power of attorney pursuant to chapter 633B or an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B. 
   5.  “Caregiver” means an individual who has the responsibility for the care or custody of an older individual, whether voluntarily, by contract, through employment, or as a result of the operation of law, and includes but is not limited to a family member or other individual who provides compensated or uncompensated care to an older individual.
   6.  “Conservator” means the same as defined in section 633.3.
   7.  “Department” means the department on aging.
   8.  “Director” means the director of the department on aging.
   9.  “Elder abuse” means the abuse, neglect, or financial exploitation of an older individual. “Elder abuse” does not include any of the following:
   a.  Circumstances in which an older individual declines medical treatment if the older individual holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   b.  Circumstances in which an older individual’s caregiver or fiduciary, acting in accordance with the older individual’s stated or implied consent, declines medical treatment if the older individual holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   c.  The withholding or withdrawing of medical treatment from an older individual who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of medical treatment is done at the request of the older individual or at the request of the older individual’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.
   10.  “Elder abuse assault” means the same as defined in section 708.2D.
   11.  “Emergency shelter services” means and includes but is not limited to secure crisis shelters or housing for a victim of elder abuse.
   12.  “Federal Act” means the Older Americans Act of 1965, 42 U.S.C. §3001 et seq., as amended.
   13.  “Fiduciary” means a person or entity with the legal responsibility to make decisions on behalf of and for the benefit of an older individual and to act in good faith and with fairness. “Fiduciary” includes a guardian, trustee, executor, administrator, receiver, conservator, attorney in fact, representative payee, or any person acting in any fiduciary capacity for or on behalf of an older individual.
   14.  “Financial exploitation” means financial exploitation as provided in section 726.25.
   15.  “Guardian” means the same as defined in section 633.3.
   16.  “Health care facility” means the same as defined in section 135C.1.
   17.  “Interfere with” means to interpose in a manner that hinders or impedes or to take part in concerns of others.
   18.  “Intimidate” means to compel or deter conduct by a threat.
   19.  “Menace” means to show intention to harm or to act in threatening manner.
   20.  “Molest” means to annoy, disturb, or persecute, especially with hostile intent or injurious effect, and includes general harassment.
   21.  “Neglect” means the failure of a caregiver or fiduciary to provide adequate food, shelter, clothing, supervision, physical or mental health care, or goods or services necessary to maintain the life, health, or safety of an older individual, which if not provided would constitute denial of critical care.
   22.  “Older individual” means an individual who is sixty years of age or older.
   23.  “Physical harm” means bodily injury, impairment, or disease.
   24.  “Plaintiff” means an older individual who files a petition under this chapter and includes a substitute petitioner who files a petition on behalf of an older individual under this chapter.
   25.  “Present danger of elder abuse” means a situation in which the defendant has recently threatened the older individual with initial or additional elder abuse, or the potential for misappropriation, misuse, or removal of the benefits, property, resources, belongings, or assets of the older individual.
   26.  “Pro se” means a person proceeding on the person’s own behalf without legal representation.
   27.  “Psychological harm” means the infliction of anguish, emotional pain, or distress through verbal or nonverbal acts.
   28.  “Substitute petitioner” means the guardian, conservator, attorney in fact, or guardian ad litem for an older individual who files a petition under this chapter.
   29.  “Undue influence” means taking advantage of a person’s role, relationship, or authority to improperly change or obtain control over the actions or decision making of an older individual.
    Sec. 2.  NEW SECTION.  231G.2  Elder abuse resource and referral program.
   1.  The department shall establish and operate an elder abuse resource and referral program. The purposes of the program are:
   a.  To empower older individuals to maximize their autonomy.
   b.  To recognize the rights of older individuals, including the right to be free of abuse, neglect, and financial exploitation.
   c.  To increase the awareness of elder abuse and provide options for older individuals at risk of elder abuse.
   d.  To provide a mechanism to address prevention, detection, and reporting of and intervention in cases of abuse, neglect, and financial exploitation of older individuals.
   2.  The department shall utilize the area agencies on aging to implement the program in each designated planning and service area. Each area agency on aging shall designate an elder rights specialist to administer the local program. The elder rights specialist shall assemble a local network of partners and stakeholders to coordinate services for older individuals through the program. The network shall include individuals who possess knowledge and skills related to older individuals or elder abuse and who are professionals practicing in the disciplines of medicine, nursing, geriatrics, public health, mental health, social work, gerontology, law, law enforcement, or other disciplines relative to older individuals. The network shall include but is not limited to persons representing the area agencies on aging, the office of the attorney general, county attorneys, health care providers, law enforcement, service providers, and other community resources and persons involved in advocating for or providing services to older individuals.
   3.  The aging and disability resource center network shall act as the primary point of entry for individuals seeking information and assistance regarding elder abuse.
   4.  The program shall include a public education component to increase awareness regarding elder abuse and the services provided through the program.
   5.  The program shall include a component to provide for response to reports of suspected elder abuse, and any reports of suspected elder abuse may be transmitted to the office of the attorney general and the appropriate law enforcement agency and county attorney. The program shall cooperate with and provide information to the office of the attorney general, law enforcement agencies, and county attorneys upon request.
   6.  All program records that disclose the identity of an older individual seeking information or receiving services shall be maintained as confidential records pursuant to section 22.7 and shall not be disclosed except with the written consent of the older individual or the older individual’s guardian, conservator, or attorney in fact, or if required by court order. The department shall have access to program records.
   7.  The department shall adopt rules to administer the program including rules regarding qualifications for elder rights specialists, and intake, assessment, care plans, referral of cases, and the provision of information sharing and case consultation among those involved in intake, assessment, investigation, diagnosis, disposition, and service delivery related to older individuals through the program.
    Sec. 3.  NEW SECTION.  231G.3  Commencement of actions —— waiver to juvenile court.
   1.  An older individual, or the guardian, conservator, attorney in fact, or guardian ad litem of an older individual, may seek relief from elder abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state all of the following:
   a.  The name of the older individual and the name and address of the older individual’s attorney, if any. If the older individual is proceeding pro se, the petition shall state a mailing address for the older individual. A mailing address may be provided by the older individual pursuant to section 231G.12.
   b.  The name of the substitute petitioner if the petition is being filed on behalf of an older individual, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall state a mailing address for the substitute petitioner. A mailing address may be provided by the substitute petitioner pursuant to section 231G.12.
   c.  The name and address, if known, of the defendant.
   d.  The relationship of the older individual to the defendant.
   e.  The nature of the alleged elder abuse.
   f.  The name and age of any other individual whose welfare may be affected. 
   g.  The desired relief, including a request for temporary or emergency orders.
   2.  A temporary or emergency order shall be based on a showing of a prima facie case of elder abuse. If the factual basis for the alleged elder abuse is contested, the court shall issue a protective order based upon a finding of elder abuse by a preponderance of the evidence.
   3.  a.  The filing fee and court costs for an order for protection and in a contempt action resulting from an order granted under this chapter or chapter 664A shall be waived for the plaintiff. 
   b.  The clerk of court, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the plaintiff.
   c.  When an order for protection is entered by the court, the court may direct the defendant to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the defendant has the ability to pay the plaintiff’s fees and costs. 
   d.  In lieu of personal service of an order for protection issued pursuant to this section, the sheriff of any county in the state, and any other law enforcement and corrections officers may serve a defendant with a short-form notification pursuant to section 664A.4A.
   4.  If the person against whom relief from elder abuse is being sought is seventeen years of age or younger, the district court shall waive its jurisdiction over the action to the juvenile court.
   5.  If a substitute petitioner files a petition under this section on behalf of an older individual, the older individual shall retain the right to all of the following:
   a.  To contact and retain counsel.
   b.  To have access to personal records.
   c.  To file objections to the protective order.
   d.  To request a hearing on the petition.
   e.  To present evidence and cross-examine witnesses at the hearing.
   6.  The relief provided under this chapter shall not be available if the action involves a guardian or conservator of the older individual and the relief sought is more appropriately obtained in a protective proceeding filed under chapter 633. 
    Sec. 4.  NEW SECTION.  231G.4  Plaintiffs proceeding pro se —— provision of forms and assistance.
   1.  The department of justice shall prescribe standard forms to be used by older individuals or substitute petitioners seeking protective orders by proceeding pro se in actions under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department of justice shall be the exclusive forms used by plaintiffs proceeding pro se under this chapter. The department of justice shall distribute the forms to the clerks of the district courts.
   2.  The clerk of the district court shall furnish the required forms to persons seeking protective orders through pro se proceedings pursuant to this chapter.
    Sec. 5.  NEW SECTION.  231G.5  Assistance by county attorney.

   A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter if the plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include but is not limited to assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.
    Sec. 6.  NEW SECTION.  231G.6  Appointment of guardian ad litem.

   The court may on its own motion or on the motion of a party appoint a guardian ad litem for an older individual if justice requires. The older individual’s attorney shall not also serve as the guardian ad litem.
    Sec. 7.  NEW SECTION.  231G.7  Hearings —— temporary orders.
   1.  Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of elder abuse by a preponderance of the evidence.
   2.  The court may enter any temporary order it deems necessary to protect the older individual from elder abuse prior to the hearing, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection. A temporary order issued pursuant to this subsection shall specifically include notice that the defendant may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent order pursuant to section 231G.8.
   3.  If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
   4.  Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
   5.  The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
   6.  The showing required under subsection 1 may be made by, but is not limited to the testimony at the hearing of, any of the following:
   a.  The older individual.
   b.  The guardian, conservator, attorney in fact, or guardian ad litem of the older individual.
   c.  Witnesses to the elder abuse.
   d.  Adult protective services workers who have conducted an investigation.
   7.  The hearing may be held in person, telephonically, or electronically. If the defendant or plaintiff seeks to raise an issue at the hearing not previously raised, the defendant or plaintiff is entitled to reasonable continuance for the purpose of preparing a response to the issue.
   8.  The court shall exercise its discretion in a manner that protects the older individual from traumatic confrontation with the defendant.
   9.  Hearings shall be recorded.
    Sec. 8.  NEW SECTION.  231G.8  Disposition.
   1.  Upon a finding that the defendant has engaged in elder abuse, the court shall, if requested by the plaintiff, order any of the following: 
   a.  That the defendant be required to move from the residence of the older individual if both the older individual and the defendant are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, or are married to each other.
   b.  That the defendant provide suitable alternative housing for the older individual.
   c.  That a peace officer accompany the party who is leaving or has left the party’s residence to remove essential personal effects of the party.
   d.  That the defendant be restrained from abusing, intimidating, molesting, interfering with, or menacing the older individual, or attempting to abuse, intimidate, molest, interfere with, or menace the older individual.
   e.  That the defendant be restrained from entering or attempting to enter on any premises when it appears to the court that such restraint is necessary to prevent the defendant from abusing, intimidating, molesting, interfering with, or menacing the older individual.
   f.  That the defendant be restrained from exercising any powers on behalf of the older individual through a court-appointed guardian, conservator, or guardian ad litem, an attorney in fact, or another third party.
   g.  That the defendant be restrained from owning, possessing, purchasing, receiving, or attempting to receive a firearm, offensive weapon, or ammunition.
   h.  In addition to the relief provided in subsection 2, other relief that the court considers necessary to provide for the safety and welfare of the older individual.
   2.  If the court finds that the older individual has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including but not limited to any of the following:
   a.  Directing the defendant to refrain from exercising control over the benefits, property, resources, belongings, or assets of the older individual.
   b.  Requiring the defendant to return custody or control of the benefits, property, resources, belongings, or assets to the older individual.
   c.  Requiring the defendant to follow the instructions of the guardian, conservator, or attorney in fact of the older individual.
   d.  Prohibiting the defendant from transferring the benefits, property, resources, belongings, or assets of the older individual to any person other than the older individual.
   3.  The court shall not use an order issued under this section to do any of the following:
   a.  To allow any person other than the older individual to assume responsibility for the benefits, property, resources, belongings, or assets of the older individual.
   b.  For relief that is more appropriately obtained in a protective proceeding filed under chapter 633 including but not limited to giving control and management of the benefits, property, resources, belongings, or assets of the older individual to a guardian, conservator, or attorney in fact for any purpose other than the relief granted under subsection 2.
   4.  The court may approve a consent agreement between the parties entered to bring about the cessation of elder abuse. A consent agreement approved under this section shall not contain any of the following:
   a.  A provision that prohibits any party to the action from contacting or cooperating with any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer if the defendant’s professional responsibilities include contact with older individuals, dependent adults, or minors, if the party contacting or cooperating has a good-faith belief that the information is relevant to the duties or responsibilities of the entity.
   b.  A provision that prohibits any party to the action from filing a complaint with or reporting a violation of law to any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer.
   c.  A provision that requires any party to the action to withdraw a complaint filed with or a violation reported to any government agency including the department of human services, the department of inspections and appeals, the department on aging, the department of justice, law enforcement, and the office of long-term care ombudsman; a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency recognized in section 135C.2; or the defendant’s current employer.
   5.  A protective order or approved consent agreement shall be for a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing. The court may extend the order if the court, after a hearing at which the defendant has the opportunity to be heard, finds that the defendant continues to pose a threat to the safety of the older individual, persons residing with the older individual, or members of the older individual’s immediate family, or continues to present a risk of financial exploitation of the older individual. The number of extensions that may be granted by the court is not limited.
   6.  The order shall state whether a person is to be taken into custody by a peace officer for a violation of the terms stated in the order.
   7.  The court may order that the defendant pay the attorney fees and court costs.
   8.  An order or approved consent agreement under this section shall not affect title to real property.
   9.  A copy of any order or approved consent agreement shall be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the twenty-four-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement shall be forwarded by the clerk to all individuals previously notified.
   10.  The clerk shall notify the county sheriff and the twenty-four-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The clerk may fulfill this requirement by sending the notice by facsimile or other electronic transmission which reproduces the notice in writing within six hours of filing the order.
   11.  The county sheriff’s dispatcher shall notify all law enforcement agencies having jurisdiction over the matter and the twenty-four-hour dispatcher for the law enforcement agencies upon notification by the clerk.
    Sec. 9.  NEW SECTION.  231G.9  Emergency orders.
   1.  When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 231G.8, subsection 1 or 2, if the district judge or district associate judge deems it necessary to protect the older individual from elder abuse, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
   2.  An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 231G.7.
   3.  A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 231G.3.
    Sec. 10.  NEW SECTION.  231G.10  Procedure.
   1.  A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
   2.  The plaintiff’s right to relief under this chapter is not affected by leaving the older individual’s home to avoid elder abuse.
    Sec. 11.  NEW SECTION.  231G.11  Elder abuse information.
   1.  The department shall collect and maintain information on incidents involving elder abuse. The department shall design and implement a uniform method of collecting data on elder abuse from entities involved in the prevention, detection, reporting, investigation of and intervention in cases of abuse, neglect, and financial exploitation of older individuals.
   2.  The department may compile statistics and issue reports on elder abuse in Iowa, provided individual identifying details of the elder abuse are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of justice shall provide to the department, without charge, all information and documentation requested for this purpose. The department may provide nonidentifying information on individual incidents of elder abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.
    Sec. 12.  NEW SECTION.  231G.12  Plaintiff address —— confidentiality of records.
   1.  A plaintiff seeking relief under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service:
   a.  The mailing address of a shelter or other agency.
   b.  A public or private post office box.
   c.  Any other mailing address, with the permission of the resident of that address.
   2.  A plaintiff shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.
   3.  The entire file or a portion of the file in an elder abuse action shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.
   4.  Notwithstanding subsection 3, court orders shall remain public records, although the court may order that address and location information be redacted from the public records.
    Sec. 13.  NEW SECTION.  231G.13  Duties of peace officer —— magistrate.
   1.  A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter or chapter 664A, or to enforce an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from elder abuse assault under section 708.2D. If a peace officer has reason to believe that elder abuse has occurred, the peace officer shall ask the older individual if any prior orders exist, and shall contact the twenty-four-hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter or chapter 664A, or an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from elder abuse assault pursuant to section 708.2D, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and whether the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.
   2.  If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter or chapter 664A, or an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from elder abuse assault pursuant to section 708.2D, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or an arrest warrant should be issued, or refer the matter to the county attorney.
   3.  If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.
   4.  A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another.
    Sec. 14.  NEW SECTION.  231G.14  Prevention of further elder abuse —— notification of rights —— arrest —— liability.
   1.  If a peace officer has reason to believe that elder abuse has occurred, the officer shall use all reasonable means to prevent further elder abuse including but not limited to the following:
   a.  If requested, remaining on the scene as long as there is a danger to an older individual’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain on the scene, assisting the older individual in leaving the residence.
   b.  Assisting an older individual in obtaining necessary medical treatment resulting from the elder abuse, including providing assistance to the older individual in obtaining transportation to the emergency department of the nearest hospital.
   c.  Providing an older individual with immediate and adequate notice of the older individual’s rights. The notice shall consist of handing the older individual a document that includes the telephone numbers of the department, the local area agency on aging, the aging and disability resource center network, advocacy and support groups, and emergency shelters. The peace officer shall ask the older individual to read the document and ask whether the older individual understands the rights described in the document. The document shall contain a copy of the following statement written in English and Spanish:
   (1)  You have the right to ask the court for help keeping your abuser away from you, your home, your place of employment, and any other places you may be.
   (2)  You have the right to stay at your home without interference from your abuser.
   (3)  You have the right to control and have custody of your benefits, property, resources, belongings, and assets.
   (4)  You have the right to seek help from the court to seek a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs.
   (5)  You have the right to file criminal charges for threats, assaults, or other related crimes.
   (6)  You have the right to seek restitution against your abuser for harm to yourself or your property.
   (7)  If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.
   (8)  If you believe that police protection is needed for your physical safety you have the right to request that the officer present remain at the scene until you and other affected parties can leave or until safety is otherwise ensured.
   2.  a.  A peace officer may, with or without a warrant, arrest a person under section 708.2D, subsection 2, paragraph “a”, if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed which did not result in any injury to the older individual.
   b.  A peace officer shall, with or without a warrant, arrest a person under section 708.2D, subsection 2, paragraph “b”, if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed which resulted in the older individual suffering a bodily injury.
   c.  A peace officer shall, with or without a warrant, arrest a person under section 708.2D, subsection 2, paragraph “c”, if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed with the intent to inflict a serious injury as defined in section 702.18.
   d.  A peace officer shall, with or without a warrant, arrest a person under section 708.2D, subsection 2, paragraph “c”, if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed and that the alleged abuser used or displayed a dangerous weapon as defined in section 702.7 in connection with the assault.
   e.  A peace officer shall, with or without a warrant, arrest a person under section 708.2D, subsection 2, paragraph “d”, if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of the older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual.
   f.  A peace officer shall, with or without a warrant, arrest a person under section 708.2D, subsection 5, if, upon investigation, including a reasonable inquiry of the alleged victim and other witnesses, if any, the officer has probable cause to believe that an elder abuse assault has been committed by knowingly impeding the normal breathing or circulation of the blood of an older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual, and causing bodily injury.
   g.  A peace officer may, with or without a warrant, arrest a person if, upon investigation, including a reasonable inquiry of the older individual and other witnesses, if any, the officer has probable cause to believe that elder abuse constituting financial exploitation has been committed by the person. 
   3.  A peace officer is not civilly or criminally liable for actions taken pursuant to this section taken in good faith.
    Sec. 15.  NEW SECTION.  231G.15  Prohibition against referral.

   In a criminal action arising from elder abuse, the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action.
    Sec. 16.  NEW SECTION.  231G.16  Application for designation and funding as a provider of services for victims of elder abuse.

   Upon receipt of state or federal funding designated for victims of elder abuse by the department, the department shall designate and award grants to provide emergency shelter services and support services to victims of elder abuse. A public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of elder abuse. The application shall be submitted on a form prescribed by the department and shall include but not be limited to information regarding services to be provided, budget projections, and security measures.
    Sec. 17.  NEW SECTION.  231G.17  Department powers.
   1.  The department may consult and cooperate with all public and private agencies which may provide services to victims of elder abuse, including but not limited to legal and social services.
   2.  The department may accept, use, and dispose of contributions of money, services, and property made available by an agency or department of the state or federal government, or a private agency or individual to address elder abuse.
    Sec. 18.  NEW SECTION.  231G.18  Reference to certain criminal provisions.

   Provisions contained in this chapter shall not preclude other relief available including certain criminal penalties and provisions pertaining to elder abuse, elder abuse assault, and violations of protective orders set forth in chapter 664A and sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25. 
    Sec. 19.  NEW SECTION.  231G.19  Foreign protective orders —— registration —— enforcement.
   1.  As used in this section, “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter or chapter 664A, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from an elder abuse assault pursuant to section 708.2D if it had been entered in Iowa.
   2.  A certified or authenticated copy of a permanent foreign protective order may be filed with the clerk of the district court in any county that would have venue if the original action was being commenced in this state or in which the person in whose favor the order was entered may be present.
   a.  The clerk shall file foreign protective orders that are not certified or authenticated, if supported by an affidavit of a person with personal knowledge, subject to the penalties for perjury. The person protected by the order may provide this affidavit.
   b.  The clerk shall provide copies of the order as required by section 231G.8, except that notice shall not be provided to the respondent without the express written direction of the person in whose favor the order was entered.
   3.  a.  A valid foreign protective order has the same effect and shall be enforced in the same manner as a protective order issued in this state whether or not filed with a clerk of court or otherwise placed in a registry of protective orders.
   b.  A foreign protective order is valid if it meets all of the following conditions:
   (1)  The order states the name of the protected individual and the individual against whom enforcement is sought.
   (2)  The order has not expired or has not otherwise been terminated.
   (3)  The order was issued by a court or tribunal that had jurisdiction over the parties and subject matter under the law of the foreign jurisdiction.
   (4)  The order was issued in accordance with the respondent’s due process rights, either after the respondent was provided with reasonable notice and an opportunity to be heard before the court or tribunal that issued the order, or in the case of an ex parte order, the respondent was granted notice and opportunity to be heard within a reasonable time after the order was issued.
   c.  Proof that a foreign protective order failed to meet all of the factors listed in paragraph “b” shall be an affirmative defense in any action seeking enforcement of the order.
   4.  A peace officer shall treat a foreign protective order as a valid legal document and shall make an arrest for a violation of the foreign protective order in the same manner that a peace officer would make an arrest for a violation of a protective order issued within this state.
   a.  The fact that a foreign protective order has not been filed with the clerk of court or otherwise placed in a registry shall not be grounds to refuse to enforce the terms of the order unless it is apparent to the officer that the order is invalid on its face.
   b.  A peace officer acting reasonably and in good faith in connection with the enforcement of a foreign protective order shall be immune from civil and criminal liability in any action arising in connection with such enforcement.
   5.  Filing and service costs in connection with foreign protective orders are waived as provided in section 231G.3.
    Sec. 20.  CODE EDITOR DIRECTIVES.  The Code editor shall do all of the following:
   1.  Title new chapter 231G, as enacted in this Act, the “Elder Abuse Response Act”, containing the following subchapters:
   a.  Subchapter I, entitled “Elder abuse —— definitions”, which includes section 231G.1, as enacted in this Act.
   b.  Subchapter II, entitled “Elder abuse resource and referral initiative”, which includes section 231G.2, as enacted in this Act.
   c.  Subchapter III, entitled “Relief from elder abuse”, which includes sections 231G.3 through 231G.19, as enacted in this Act.
   2.  Correct internal references as necessary.

DIVISION II

OTHER CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS
    Sec. 21.  NEW SECTION.  708.2D  Elder abuse assault —— mandatory minimums, penalties enhanced —— extension of no-contact order.
   1.  For the purposes of this chapter, “elder abuse assault” means an assault, as defined in section 708.1, of an older individual as defined in section 231G.1.
   2.  On a first offense of elder abuse assault, the person commits:
   a.  A simple misdemeanor, except as otherwise provided.
   b.  A serious misdemeanor if the elder abuse assault causes bodily injury or mental illness.
   c.  An aggravated misdemeanor if the elder abuse assault is committed with the intent to inflict a serious injury upon an older individual or if the person uses or displays a dangerous weapon in connection with the assault. This paragraph does not apply if section 708.6 or 708.8 applies.
   d.  An aggravated misdemeanor if the elder abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of an older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual.
   3.  Except as otherwise provided in subsection 2, on a second offense of elder abuse assault, a person commits:
   a.  A serious misdemeanor if the first offense was classified as a simple misdemeanor and the second offense would otherwise be classified as a simple misdemeanor.
   b.  An aggravated misdemeanor if the first offense was classified as a simple or aggravated misdemeanor, and the second offense would otherwise be classified as a serious misdemeanor, or the first offense was classified as a serious or aggravated misdemeanor, and the second offense would otherwise be classified as a simple or serious misdemeanor.
   4.  On a third or subsequent offense of elder abuse assault, a person commits a class “D” felony.
   5.  For an elder abuse assault committed by knowingly impeding the normal breathing or circulation of the blood of an older individual by applying pressure to the throat or neck of the older individual or by obstructing the nose or mouth of the older individual, and causing bodily injury, the person commits a class “D” felony.
   6.  a.  A conviction for, deferred judgment for, or plea of guilty to, a violation of this section which occurred more than twelve years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense.
   b.  For the purpose of determining if a violation charged is a second or subsequent offense, deferred judgments issued pursuant to section 907.3 for violations of section 708.2 or this section, which were issued on elder abuse assaults, and convictions or the equivalent of deferred judgments for violations in any other states under statutes substantially corresponding to this section shall be counted as previous offenses. The courts shall judicially notice the statutes of other states which define offenses substantially equivalent to the offenses defined in this section and can therefore be considered corresponding statutes. Each previous violation on which conviction or deferral of judgment was entered prior to the date of the offense charged shall be considered and counted as a separate previous offense.
   c.  An offense shall be considered a prior offense regardless of whether it was committed upon the same victim.
   7.  a.  A person convicted of violating subsection 2 or 3 shall serve a minimum term of two days of the sentence imposed by law, and shall not be eligible for suspension of the minimum sentence. The minimum term shall be served on consecutive days. The court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence. This section does not prohibit the court from sentencing and the person from serving the maximum term of confinement or from paying the maximum fine permitted pursuant to chapters 902 and 903, and does not prohibit the court from entering a deferred judgment or sentence pursuant to section 907.3, if the person has not previously received a deferred sentence or judgment for a violation of section 708.2 or this section which was issued on an elder abuse assault.
   b.  A person convicted of violating subsection 4 shall be sentenced as provided under section 902.9, subsection 1, paragraph “e”, and shall be denied parole or work release until the person has served a minimum of one year of the person’s sentence. Notwithstanding section 901.5, subsections 1, 3, and 5, and section 907.3, the person cannot receive a suspended or deferred sentence or a deferred judgment; however, the person sentenced shall receive credit for any time the person was confined in a jail or detention facility following arrest.
   8.  If a person is convicted for, receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   9.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 231G.8. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
    Sec. 22.  NEW SECTION.  714.2A  Theft against an older individual.
   1.  If a person commits theft and the violation is committed against an individual who was an older individual at the time the theft was committed, notwithstanding the penalties specified in section 714.2, all of the following shall apply:
   a.  If a person commits theft in the first degree pursuant to section 714.2, subsection 1, the person is guilty of a class “B” felony.
   b.  If a person commits theft in the second degree pursuant to section 714.2, subsection 2, the person is guilty of a class “C” felony.
   c.  If a person commits theft in the third degree pursuant to section 714.2, subsection 3, the person is guilty of a class “D” felony.
   d.  If a person commits theft in the fourth degree pursuant to section 714.2, subsection 4, the person is guilty of an aggravated misdemeanor.
   e.  If a person commits theft in the fifth degree pursuant to section 714.2, subsection 5, the person is guilty of a serious misdemeanor.
   2.  In determining whether to impose the penalties under subsection 1, the court shall consider the following:
   a.  Whether the defendant’s conduct was in willful disregard of the rights of the older individual.
   b.  Whether the defendant knew or should have known that the defendant’s conduct was directed to an older individual.
   c.  Whether the older individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
   d.  Any other factors the court deems appropriate.
   3.  For the purposes of this section, “older individual” means older individual as defined in section 231G.1.
    Sec. 23.  NEW SECTION.  726.24  Elder abuse —— initiation of charges —— penalty.
   1.  A charge of elder abuse may be initiated upon the complaint of a private individual or as a result of an investigation by a social service agency or on the direct initiative of the attorney general, a county attorney, or a law enforcement agency.
   2.  A person who intentionally commits elder abuse is guilty of a class “C” felony if the intentional elder abuse results in serious injury.
   3.  A person who recklessly commits elder abuse is guilty of a class “D” felony if the reckless elder abuse results in serious injury.
   4.  A person who intentionally commits elder abuse is guilty of a class “C” felony if the intentional elder abuse results in physical injury.
   5.  A person who recklessly commits elder abuse is guilty of an aggravated misdemeanor if the reckless elder abuse results in physical injury.
   6.  A person who otherwise intentionally or knowingly commits elder abuse is guilty of a serious misdemeanor.
   7.  A person alleged to have committed a violation under this section shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
   8.  It does not constitute a defense to a prosecution for any violation under this section that the alleged perpetrator did not know the age of the victim.
   9.  In a criminal action in which an older individual is a victim, the state may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the victim, may advance the trial on the docket. The motion may be filed and served with the information or charges or at any time.
   10.  If a person is convicted or receives a deferred judgment for, or pleads guilty to a violation of this section, the court shall modify the no-contact order issued upon initial appearance in the manner provided in section 664A.5, regardless of whether the person is placed on probation.
   11.  The clerk of the district court shall provide notice and copies of a judgment entered under this section to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 231G.8. The clerk shall provide notice and copies of modifications of the judgment in the same manner.
   12.  For the purposes of this section: 
   a.  “Elder abuse” and “older individual” mean the same as defined in section 231G.1.
   b.  “Serious injury” means the same as defined in section 702.18.
    Sec. 24.  NEW SECTION.  726.25  Financial exploitation of an older individual.
   1.  A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual.
   2.  A person who commits financial exploitation of an older individual is guilty of the following, as applicable:
   a.  A serious misdemeanor if the value of the benefits, property, resources, belongings, or assets is one hundred dollars or less.
   b.  An aggravated misdemeanor if the value of the benefits, property, resources, belongings, or assets exceeds one hundred dollars but does not exceed one thousand dollars.
   c.  A class “D” felony if the value of the benefits, property, resources, belongings, or assets exceeds one thousand dollars but does not exceed ten thousand dollars.
   d.  A class “C” felony if the value of the benefits, property, resources, belongings, or assets exceeds ten thousand dollars but does not exceed fifty thousand dollars.
   e.  A class “B” felony if the value of the benefits, property, resources, belongings, or assets exceeds fifty thousand dollars, or if the older individual is seventy years of age to eighty years of age and the value of the benefits, property, resources, belongings, or assets is fifteen thousand dollars or more, or if the older individual is eighty years of age or older and the value of the benefits, property, resources, belongings, or assets is five thousand dollars or more.
   3.  Nothing in this section shall be construed to limit other remedies available to the older individual including those provided under chapters 231G and 236.
   4.  A person alleged to have committed a violation under this section shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
   5.  Nothing in this section shall be construed to impose criminal liability on a person who has made a good-faith effort to assist an older individual in the management of the older individual’s benefits, property, resources, belongings, or assets, but through no fault of the person, the person has been unable to provide such assistance.
   6.  It shall not be a defense to financial exploitation of an older individual that the alleged perpetrator did not know the age of the older individual or reasonably believed that the alleged victim was not an older individual.
   7.  For the purposes of this section:
   a.  “Caregiver” means the same as defined in section 231G.1.
   b.  “Coercion” means communication or conduct which compels an older individual to act or refrain from acting against the older individual’s will.
   c.  “Fiduciary” means the same as defined in section 231G.1.
   d.  “Older individual” means the same as defined in section 231G.1.
   e.  “Stands in a position of trust or confidence” means the person has any of the following relationships relative to the older individual:
   (1)  Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the older individual.
   (2)  Is a joint tenant or tenant in common with the older individual.
   (3)  Has a legal or fiduciary relationship with the older individual.
   (4)  Is a financial planning or investment professional providing or offering to provide financial planning or investment advice to the older individual.
   (5)  Is a beneficiary of the older individual in a governing instrument.
   (6)  Is a caregiver for the older individual.
   (7)  Is a person who is in a confidential relationship with the older individual. The determination of the existence of a confidential relationship is an issue of fact to be determined by the court based upon the totality of the circumstances.
   f.  “Undue influence” means the same as defined in section 231G.1.
    Sec. 25.  NEW SECTION.  726.26  Dependent adult abuse —— initiation of charges —— penalty.
   1.  A charge of dependent adult abuse may be initiated upon the complaint of a private individual or as a result of an investigation by a social service agency or on the direct initiative of the office of the attorney general, a county attorney, or a law enforcement agency.
   2.  A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in serious injury.
   3.  A caretaker who recklessly commits dependent adult abuse is guilty of a class “D” felony if the reckless dependent adult abuse results in serious injury.
   4.  A caretaker who intentionally commits dependent adult abuse is guilty of a class “C” felony if the intentional dependent adult abuse results in physical injury.
   5.  A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.
   6.  A caretaker who recklessly commits dependent adult abuse is guilty of an aggravated misdemeanor if the reckless dependent adult abuse results in physical injury.
   7.  A caretaker who otherwise intentionally or knowingly commits dependent adult abuse is guilty of a serious misdemeanor.
   8.  A caretaker who commits dependent adult abuse by exploitation of a dependent adult is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.
   9.  A caretaker alleged to have committed dependent adult abuse shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
   10.  For the purposes of this section, “caretaker”, “dependent adult”, “dependent adult abuse”, “exploitation”, “recklessly”, and “serious injury” mean the same as defined or described in section 235B.2.
    Sec. 26.  Section 714.16A, Code 2014, is amended to read as follows:
   714.16A  Additional civil penalty for consumer frauds committed against elderly older individual —— fund established.
   1.  a.  If a person violates section 714.16, and the violation is committed against an older person individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of section 714.16, regardless of whether an action has been filed pursuant to section 714.16.
   b.  A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly older individual victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly older individuals. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to section 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.
   2.  In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:
   a.  Whether the defendant’s conduct was in willful disregard of the rights of the older person individual.
   b.  Whether the defendant knew or should have known that the defendant’s conduct was directed to an older person individual.
   c.  Whether the older person individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
   d.  Any other factors the court deems appropriate.
   3.  As used in this section, “older person” individual” means a person who is sixty-five years of age or older the same as defined in section 231G.1.
    Sec. 27.  REPEAL.  Section 235B.20, Code 2014, is repealed.
    Sec. 28.  CODE EDITOR DIRECTIVES.  The Code editor shall do all of the following:
   1.  Create a new subchapter in chapter 726, entitled “Resident, Dependent Adult, and Older Individual Protection” that includes sections 726.24, 726.25, and 726.26, as enacted in this Act.
   2.  a.  Transfer sections 726.7 and 726.8, Code 2014, to the new subchapter and renumber the transferred sections as follows:
   (1)  Section 726.7 as section 726.27.
   (2)  Section 726.8 as section 726.28.
   b.  Correct internal references as necessary.
   3.  Revise the title of chapter 726 to read “Protections for the family, dependent persons, residents of health care facilities, and older individuals”.

DIVISION III

ADDITIONAL PROVISIONS —— OLDER INDIVIDUALS
    Sec. 29.  Section 135.11, subsection 24, Code 2014, is amended to read as follows:
   24.  Review and approve mandatory reporter training curricula for those persons who work in a position classification that under law makes the persons mandatory reporters of child or dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board.  The department shall collaborate with the department on aging in approving a curriculum to satisfy the combined training requirements pursuant to section 235B.16, subsection 5.
    Sec. 30.  Section 231.23, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  14.  Develop and maintain, in consultation with the department of human services and the department of inspections and appeals, a dependent adult abuse mandatory reporter training curriculum for those persons who work in a position classification that under law makes the persons mandatory reporters of dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board. The curriculum shall provide information regarding available resources, referral and support services, and intervention options including those pursuant to chapters 231G, 235B, and 235E. The department shall collaborate with the department of human services and the department of public health in approving a curriculum to satisfy the combined training requirements pursuant to section 235B.16, subsection 5.
   NEW SUBSECTION.  15.  Certify trainers to provide the dependent adult abuse mandatory reporter training curriculum developed and maintained by the department. A trainer shall not utilize the department’s curriculum unless the trainer has been certified by completing the department’s required training program. The department’s training program shall include but is not limited to information on laws, rules, and regulations relating to dependent adults and available resources, referral and support services, and intervention options including those available pursuant to chapters 231G, 235B, and 235E. The department shall adopt rules relating to trainer certification including but not limited to issuance, renewal, and revocation of certification.
    Sec. 31.  Section 235B.6, subsection 2, paragraph e, subparagraph (5), Code 2014, is amended to read as follows:
   (5)  The office of the attorney for the department who is responsible for representing the department general.
    Sec. 32.  Section 235B.6, subsection 3, Code 2014, is amended to read as follows:
   3.  Access to unfounded dependent adult abuse information is authorized only to those persons identified in subsection 2, paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6), and paragraph “e”, subparagraphs (2), (5), and (10).
    Sec. 33.  Section 235B.16, subsections 1, 2, and 3, Code 2014, are amended to read as follows:
   1.  The department on aging, in cooperation with the department, shall conduct a public information and education program. The elements and goals of the program include but are not limited to:
   a.  Informing the public regarding the laws governing dependent adult abuse and elder abuse, the reporting requirements for dependent adult abuse, and the resource and referral options available under this chapter and chapters 231G and 235E.
   b.  Providing caretakers with information regarding services to alleviate the emotional, psychological, physical, or financial stress associated with the caretaker and dependent adult relationship.
   c.  Affecting public attitudes regarding the role of a dependent adult adults and older individuals in society.
   2.  The department on aging, in cooperation with the department on aging of human services and the department of inspections and appeals, shall institute a program of education and training for persons, including members of provider groups and family members, who may come in contact with encounter dependent adult abuse or elder abuse. The program shall include but is not limited to instruction regarding recognition of dependent adult abuse and elder abuse and the procedure for the reporting of suspected abuse.
   3.  The content of the continuing education required pursuant to chapter 272C for a licensed professional providing care or service to a dependent adult shall include, but is not limited to, the responsibilities, obligations, powers, and duties of a person regarding the reporting of suspected dependent adult abuse, and training to aid the professional in identifying instances of dependent adult abuse, and the resource and referral options available under this chapter and chapters 231G and 235E to address dependent adult abuse and elder abuse.
    Sec. 34.  Section 235B.16, subsection 5, paragraphs d and e, Code 2014, are amended to read as follows:
   d.  The person may complete the initial or additional training requirements as a part of any of the following that are applicable to the person:
   (1)  A continuing education program required under chapter 272C and approved by the appropriate licensing board.
   (2)  A training program using a the curriculum approved by the director of public health department on aging pursuant to section 135.11 231.23.
   (3)  A training program using such an approved the curriculum approved by the department on aging pursuant to section 231.23 and offered by the department of human services, the department on aging, the department of inspections and appeals, the Iowa law enforcement academy, or a similar public agency.
   e.  A person required to complete both child abuse and dependent adult abuse mandatory reporter training may complete the training through a program which combines child abuse and dependent adult abuse curricula and thereby meet the training requirements of both this subsection and section 232.69 simultaneously. A person who is a mandatory reporter for both child abuse and dependent adult abuse may satisfy the combined training requirements of this subsection and section 232.69 through completion of a two-hour four-hour training program, if the training program curriculum provides equal coverage of both child and dependent adult abuse and is approved by the appropriate licensing board or collaboratively by the director of public health pursuant to section 135.11 and the department on aging pursuant to section 231.23, as applicable.
    Sec. 35.  Section 235B.16, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  For the purposes of this section, “elder abuse” and “older individual” mean the same as defined in section 231G.1.

DIVISION IV

CONFORMING CHANGES
    Sec. 36.  Section 13.2, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  o.  Develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, elder abuse assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual under chapter 231G and sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25.
    Sec. 37.  Section 13.31, subsection 3, Code 2014, is amended to read as follows:
   3.  Administer the domestic abuse program provided in chapter 236 and elder abuse actions commenced under chapter 231G.
    Sec. 38.  Section 135B.7, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The department shall also adopt rules requiring hospitals to establish and implement protocols for responding to the needs of patients who are victims of elder abuse, as defined in section 231G.1.
    Sec. 39.  Section 231.23, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.  Collaborate with the department of public health to develop protocols, functions, timing, roles, and responsibilities relating to the suspicious deaths of older individuals review team created in chapter 135, division XXXI.
    Sec. 40.  Section 231.64, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The primary point of entry for the elder abuse resource and referral program created in chapter 231G.
    Sec. 41.  Section 232.8, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  The juvenile court shall have jurisdiction in proceedings commenced against a child pursuant to section 231G.3 over which the district court has waived its jurisdiction. The juvenile court shall hear the action in the manner of an adjudicatory hearing under section 232.47, subject to the following:
   (1)  The juvenile court shall abide by the provisions of sections 231G.7 and 231G.9 in holding hearings and making a disposition.
   (2)  The plaintiff is entitled to proceed pro se under sections 231G.4 and 231G.5.
    Sec. 42.  Section 232.22, subsection 1, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  There is probable cause to believe that the child has committed a delinquent act which would be elder abuse under chapter 231G or an elder abuse assault under section 708.2D if committed by an adult.
    Sec. 43.  Section 232.52, subsection 2, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  In the case of a child adjudicated delinquent for an act which would be a violation of chapter 231G or section 708.2D if committed by an adult, an order requiring the child to attend a batterers’ treatment program under section 708.2B.
    Sec. 44.  Section 331.424, subsection 1, paragraph a, subparagraph (6), Code 2014, is amended to read as follows:
   (6)  The maintenance and operation of the courts, including but not limited to the salary and expenses of the clerk of the district court and other employees of the clerk’s office, and bailiffs, court costs if the prosecution fails or if the costs cannot be collected from the person liable, costs and expenses of prosecution under section 189A.17, salaries and expenses of juvenile court officers under chapter 602, court-ordered costs in domestic abuse cases under section 236.5 and elder abuse cases under section 231G.8, the county’s expense for confinement of prisoners under chapter 356A, temporary assistance to the county attorney, county contributions to a retirement system for bailiffs, reimbursement for judicial magistrates under section 602.6501, claims filed under section 622.93, interpreters’ fees under section 622B.7, uniform citation and complaint supplies under section 805.6, and costs of prosecution under section 815.13.
    Sec. 45.  Section 507B.4, subsection 3, paragraph g, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  Making or permitting any discrimination in the sale of insurance solely on the basis of elder abuse as defined in section 231G.1.
    Sec. 46.  Section 562A.27A, subsection 3, paragraph a, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  The tenant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to chapter 231G, 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger.
    Sec. 47.  Section 562B.25A, subsection 3, paragraph a, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  The tenant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to chapter 231G, 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger.
    Sec. 48.  Section 598.7, subsection 1, Code 2014, is amended to read as follows:
   1.  The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action. Mediation performed under this section shall comply with the provisions of chapter 679C. The provisions of this section shall not apply if the action involves a child support or medical support obligation enforced by the child support recovery unit. The provisions of this section shall not apply to actions which involve elder abuse as defined in section 231G.1 or domestic abuse pursuant to chapter 236. The provisions of this section shall not affect a judicial district’s or court’s authority to order settlement conferences pursuant to rules of civil procedure. The court shall, on application of a party, grant a waiver from any court-ordered mediation under this section if the party demonstrates that a history of domestic abuse exists as specified in section 598.41, subsection 3, paragraph “j”.
    Sec. 49.  Section 598.16, subsection 7, Code 2014, is amended to read as follows:
   7.  Upon application, the court shall grant a waiver from the requirements of this section if a party demonstrates that a history of elder abuse, as defined in section 231G.1, or domestic abuse, as defined in section 236.2, exists.
   a.  In determining whether a history of elder abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 231G.3, the issuance of a court order or consent agreement pursuant to section 231G.8, the issuance of an emergency order pursuant to section 231G.9, the holding of a party in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged elder abuse, or the arrest of a party following response to a report of alleged elder abuse, or a conviction for elder abuse assault pursuant to section 708.2D.
   b.  In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3, the issuance of a protective order against a party or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of a party in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of a party following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A.
    Sec. 50.  Section 598.41, subsection 3, paragraph j, Code 2014, is amended to read as follows:
   j.  Whether a history of elder abuse, as defined in section 231G.1 or domestic abuse, as defined in section 236.2, exists.
   (1)  In determining whether a history of elder abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 231G.3, the issuance of a court order or consent agreement pursuant to section 231G.8, the issuance of an emergency order pursuant to section 231G.9, the holding of a party in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged elder abuse or the arrest of a party following response to a report of alleged elder abuse, or a conviction for elder abuse assault pursuant to section 708.2D.
   (2)  In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3, the issuance of a protective order against the parent or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of a parent in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of a parent following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A.
    Sec. 51.  Section 598.41D, subsection 4, paragraph b, subparagraph (2), Code 2014, is amended to read as follows:
   (2)  That the specified family member does not have a history of elder abuse, as defined in section 231G.1 or domestic abuse, as defined in section 236.2.
   (a)  In determining whether a history of elder abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 231G.3, the issuance of a court order or consent agreement pursuant to section 231G.8, the issuance of an emergency order pursuant to section 231G.9, the holding of a party in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged elder abuse or the arrest of a party following response to a report of alleged elder abuse, or a conviction for elder abuse assault pursuant to section 708.2D.
   (b)  In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3, the issuance of a protective order against the individual or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of an individual in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of an individual following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A.
    Sec. 52.  Section 598.42, Code 2014, is amended to read as follows:
   598.42  Notice of certain orders by clerk of court.

   The clerk of the district court shall provide notice and copies of temporary or permanent protective orders and orders to vacate the homestead entered pursuant to this chapter to the applicable law enforcement agencies and the twenty-four hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 231G.8 or 236.5. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
    Sec. 53.  Section 602.6306, subsection 2, Code 2014, is amended to read as follows:
   2.  District associate judges also have jurisdiction in civil actions for money judgment where the amount in controversy does not exceed ten thousand dollars; jurisdiction over involuntary commitment, treatment, or hospitalization proceedings under chapters 125 and 229; jurisdiction of indictable misdemeanors, class “D” felony violations, and other felony arraignments; jurisdiction to enter a temporary or emergency order of protection under chapter 231G or 236, and to make court appointments and set hearings in criminal matters; jurisdiction to enter orders in probate which do not require notice and hearing and to set hearings in actions under chapter 633 or 633A; and the jurisdiction provided in section 602.7101 when designated as a judge of the juvenile court. While presiding in these subject matters a district associate judge shall employ district judges’ practice and procedure.
    Sec. 54.  Section 611.23, Code 2014, is amended to read as follows:
   611.23  Civil actions involving allegations of elder abuse, sexual abuse, or domestic abuse —— counseling.

   In a civil case in which a plaintiff is seeking relief or damages for alleged elder abuse as defined in section 231G.1, sexual abuse as defined in section 709.1, or domestic abuse as defined in section 236.2, the plaintiff may seek, and the court may grant, an order requiring the defendant to receive professional counseling, in addition to any other appropriate relief or damages.
    Sec. 55.  Section 664A.1, subsection 2, Code 2014, is amended to read as follows:
   2.  “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 231G, including a valid foreign protective order under section 231G.19, a court order or court-approved consent agreement entered pursuant to chapter 236, including a valid foreign protective order under section 236.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A or elder abuse assault under section 708.2D, or a civil injunction issued pursuant to section 915.22.
    Sec. 56.  Section 664A.2, Code 2014, is amended to read as follows:
   664A.2  Applicability.
   1.  This chapter applies to no-contact orders issued for violations or alleged violations of sections 708.2A, 708.2D, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim.
   2.  A protective order issued in a civil proceeding shall be issued pursuant to chapter 231G, 232, 236, 598, or 915. Punishment for a violation of a protective order shall be imposed pursuant to section 664A.7.
    Sec. 57.  Section 664A.3, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   When a person is taken into custody for contempt proceedings pursuant to section 231G.13 or 236.11, or arrested for any public offense referred to in section 664A.2, subsection 1, and the person is brought before a magistrate for initial appearance, the magistrate shall enter a no-contact order if the magistrate finds both of the following:
    Sec. 58.  Section 664A.3, subsection 2, Code 2014, is amended to read as follows:
   2.  Notwithstanding chapters 804 and 805, a person taken into custody pursuant to section 231G.13 or 236.11, or arrested pursuant to section 231G.14 or 236.12 may be released on bail or otherwise only after initial appearance before a magistrate as provided in chapter 804 and the rules of criminal procedure or section 231G.13 or 236.11, whichever is applicable.
    Sec. 59.  Section 664A.4, subsection 2, Code 2014, is amended to read as follows:
   2.  The clerk of the district court shall provide a notice and copy of the no-contact order to the appropriate law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies in the same manner as provided in section 231G.8 or 236.5, as applicable. The clerk of the district court shall provide a notice and copy of a modification or vacation of a no-contact order in the same manner.
    Sec. 60.  Section 664A.5, Code 2014, is amended to read as follows:
   664A.5  Modification —— entry of permanent no-contact order.

   If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1, or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order issued pursuant to chapter 231G, 232, 236, 598, or 915, the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.
    Sec. 61.  Section 664A.6, subsection 2, Code 2014, is amended to read as follows:
   2.  a.  If the peace officer is investigating a domestic abuse assault pursuant to section 708.2A, the officer shall also comply with sections 236.11 and 236.12.
   b.  If the peace officer is investigating an elder abuse assault pursuant to section 708.2D, the officer shall also comply with sections 231G.13 and 231G.14.
    Sec. 62.  Section 664A.7, subsections 1, 3, and 5, Code 2014, are amended to read as follows:
   1.  Violation of a no-contact order issued under this chapter or a protective order issued pursuant to chapter 231G, 232, 236, or 598, including a modified no-contact order, is punishable by summary contempt proceedings.
   3.  If convicted of or held in contempt for a violation of a no-contact order or a modified no-contact order for a public offense referred to in section 664A.2, subsection 1, or held in contempt of a no-contact order issued during a contempt proceeding brought pursuant to section 231G.13 or 236.11, the person shall be confined in the county jail for a minimum of seven days. A jail sentence imposed pursuant to this subsection shall be served on consecutive days. No portion of the mandatory minimum term of confinement imposed by this subsection shall be deferred or suspended. A deferred judgment, deferred sentence, or suspended sentence shall not be entered for a violation of a no-contact order, modified no-contact order, or protective order and the court shall not impose a fine in lieu of the minimum sentence, although a fine may be imposed in addition to the minimum sentence.
   5.  Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A, the offense or alleged offense of elder abuse assault in violation of section 708.2D, or a violation of a protective order issued pursuant to chapter 231G, 232, 236, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
    Sec. 63.  Section 804.7, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  7.  If the peace officer has reasonable grounds for believing that elder abuse, as defined in section 231G.1, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.
   NEW SUBSECTION.  8.  As required by section 231G.14, subsection 2.
    Sec. 64.  Section 915.22, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The clerk of the district court shall provide notice and copies of restraining orders issued pursuant to this section in a criminal case involving an alleged violation of section 708.2D to the applicable law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under section 231G.8. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
    Sec. 65.  Section 915.23, subsection 1, Code 2014, is amended to read as follows:
   1.  An employer shall not discharge an employee, or take or fail to take action regarding an employee’s promotion or proposed promotion, or take action to reduce an employee’s wages or benefits for actual time worked, due to the service of an employee as a witness in a criminal proceeding or as a plaintiff, defendant, or witness in a civil proceeding pursuant to chapter 231G or 236.
    Sec. 66.  NEW SECTION.  915.50A  General rights of elder abuse victims.

   In addition to other victim rights provided in this chapter, victims of elder abuse shall have the following rights:

   1.  The right to file a pro se petition for relief from elder abuse in the district court, pursuant to sections 231G.3 through 231G.12.
   2.  The right, pursuant to section 231G.14, for law enforcement to remain on the scene, to assist the victim in leaving the scene, to assist the victim in obtaining transportation to medical care, and to provide the person with a written statement of victim rights and information about emergency shelters, support services, and the aging and disability resource center network.
   3.  The right to receive a criminal no-contact order upon a finding of probable cause, pursuant to section 664A.3.
    Sec. 67.  Section 915.82, subsection 1, paragraph a, subparagraph (8), Code 2014, is amended to read as follows:
   (8)  A person representing the elderly older individuals.
    Sec. 68.  Section 915.94, Code 2014, is amended to read as follows:
   915.94  Victim compensation fund.

   A victim compensation fund is established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the department may use moneys from the fund for the purpose of the department’s prosecutor-based victim service coordination, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of elder abuse as provided in chapter 231G, domestic abuse or sexual assault as provided in chapter 236, to victims under section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
    Sec. 69.  CODE EDITOR DIRECTIVE.  The Code editor shall revise the subchapter VI heading under chapter 915 to read “Victims of domestic abuse, elder abuse, and human trafficking”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to older individuals, including civil and criminal protections.
   The bill establishes provisions relating to elder abuse which is the abuse, neglect, or financial exploitation of an older individual. “Older individual” is defined as an individual who is 60 years of age or older.
   The bill directs the department on aging (IDA) to establish an elder abuse resource and referral program. The purposes of the program are to empower older individuals to maximize their autonomy; to recognize the rights of older individuals including the right to be free of abuse, neglect, and financial exploitation; to increase the awareness of elder abuse and provide options for older individuals at risk of elder abuse; and to provide a mechanism to address prevention, detection, and reporting of and intervention in cases of abuse, neglect, and financial exploitation of older individuals. IDA is to utilize the area agencies on aging to implement the program in each designated planning and service area through a designated elder rights specialist and a local network of partners and stakeholders. The aging and disability resource center network is the primary point of entry for individuals seeking information and assistance regarding elder abuse. The program includes a public education component to increase awareness regarding elder abuse and the services provided through the program and a component to provide for response to reports of suspected elder abuse. IDA is authorized to adopt rules to administer the program.
   The bill provides for the commencement of actions by an older individual, or the guardian, conservator, attorney in fact, or guardian ad litem of an older individual, to seek relief from elder abuse including the filing of a petition for a protective order or temporary or emergency orders. The relief provided under the bill is not available if the action involves a guardian or conservator of the older individual and the relief sought is more appropriately obtained in a protective proceeding filed under Code chapter 633 (probate code). The bill provides for plaintiffs proceeding pro se; provides authorization for assistance by the county attorney and the appointment of a guardian ad litem for the older individual; and provides the process for actions under the bill. Following a finding of elder abuse, the bill specifies the disposition the court may order, if requested by the plaintiff; that the defendant under certain circumstances be required to move from the residence of the older individual; that the defendant provide suitable alternative housing for the older individual; that a peace officer accompany the party who is leaving or has left the party’s residence to remove essential personal effects of the party; that the defendant be restrained from abusing, intimidating, molesting, interfering with, or menacing the older individual, or attempting to abuse, intimidate, molest, interfere with, or menace the older individual; that the defendant be restrained from entering or attempting to enter on any premises when it appears to the court that such restraint is necessary to prevent the defendant from abusing, intimidating, molesting, interfering with, or menacing the older individual; that the defendant be restrained from exercising any powers on behalf of the older individual through a court-appointed guardian, conservator, or guardian ad litem, an attorney in fact, or another third party; that the defendant be restrained from owning, possessing, purchasing, receiving, or attempting to receive a firearm, offensive weapon, or ammunition; and in addition to other specific relief, other relief that the court considers necessary to provide for the safety and welfare of the older individual.
   If the court finds that the older individual has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including but not limited to directing the defendant to refrain from exercising control over the benefits, property, resources, belongings, or assets of the older individual; requiring the defendant to return custody or control of the benefits, property, resources, belongings, or assets to the older individual; requiring the defendant to follow the instructions of the guardian, conservator, or attorney in fact of the older individual; and prohibiting the defendant from transferring the benefits, property, resources, belongings, or assets of the older individual to any person other than the older individual. The court is prohibited from using an order to allow any person other than the older individual to assume responsibility for the benefits, property, resources, belongings, or assets of the older individual; or to provide relief that is more appropriately obtained in a protective proceeding filed under Code chapter 633. The bill also provides for relief through approval of a consent agreement but limits the content of such consent agreement. An approved consent agreement cannot contain a provision that prohibits any party to the action from contacting or cooperating with any government agency, a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant, a protection and advocacy agency, or the defendant’s current employer; prohibits any party to the action from filing a complaint with or reporting a violation of law to any government agency, a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant; a protection and advocacy agency, or the defendant’s current employer; or a provision that requires any party to the action to withdraw a complaint filed with or a violation reported to any government agency, a licensing or regulatory agency that has jurisdiction over any license or certification held by the defendant, a protection and advocacy agency, or the defendant’s current employer.
   A protective order or approved consent agreement is limited to a fixed period of time not to exceed one year. The court may amend or extend its order or a consent agreement at any time upon a petition filed by either party and after notice and hearing. The number of extensions that may be granted by the court is not limited. An order or approved consent agreement under this Code section shall not affect title to real property. A copy of any order or approved consent agreement must be issued to the plaintiff, the defendant, the county sheriff of the county in which the order or consent decree is initially entered, and the 24-hour dispatcher for the county sheriff. Any subsequent amendment or revocation of an order or consent agreement must be forwarded by the clerk to all individuals previously notified. The bill directs that clerk to notify the county sheriff and the 24-hour dispatcher for the county sheriff in writing so that the county sheriff and the county sheriff’s dispatcher receive written notice within six hours of filing the order, approved consent agreement, amendment, or revocation. The county sheriff’s dispatcher must notify all law enforcement agencies having jurisdiction over the matter and the 24-hour dispatcher for the law enforcement agencies upon notification by the clerk. 
   The bill directs IDA to collect and maintain information on incidents involving elder abuse, and to design and implement a uniform method of collecting data on elder abuse from entities involved in the prevention, detection, and reporting of and intervention in cases of abuse, neglect, and financial exploitation of older individuals. IDA is authorized to compile statistics and issue reports on elder abuse in Iowa, provided individual identifying details of the elder abuse are deleted. IDA may request the cooperation of the department of justice in compiling the statistics and issuing the reports, and the department of justice is to provide to IDA, without charge, all information and documentation requested for this purpose. IDA may also provide nonidentifying information on individual incidents of elder abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.
   The bill provides for the confidentiality of the address of an individual filing the petition; specifies the duties of peace officers and magistrates in enforcing orders and consent agreements entered under the bill; and provides for assistance provided by peace officers in preventing further elder abuse. The assistance includes providing the older individual with a statement of the older individual’s rights and the arrest of a person based on probable cause of the commission of elder abuse assault or financial exploitation of the older individual.
   Under the bill, in a criminal action arising from elder abuse, the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action.
   The bill provides for application by a public or private nonprofit organization, upon receipt of federal or state funds designated for victims of elder abuse, for grants to provide emergency shelter services and support services to victims of elder abuse.
   The bill provides other civil and criminal relief for older individuals. The bill establishes the crime of elder abuse assault which is assault of an older individual. The bill provides criminal penalties for elder abuse assault ranging from a simple misdemeanor to a class “D” felony, provides for the determination of whether a violation is a second or subsequent offense, and provides for minimum sentencing.
   The bill establishes the crime of theft against an older individual which enhances the penalties for the existing crime of theft by one degree based upon the victim being an older individual in addition to certain other considerations.
   The bill establishes criminal penalties for elder abuse ranging from a serious misdemeanor to a class “C” felony.
   The bill establishes the crime of financial exploitation of an older individual. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved.
   The bill relocates the criminal penalties for dependent adult abuse as they currently exist from Code chapter 235B (dependent adult abuse) to Code chapter 726 which relates to protection of the family and dependent persons.
   The bill changes the existing additional civil penalty for consumer frauds committed against elders (those 65 years of age or older) to apply to older individuals, those 60 years of age and older, consistent with other provisions relating to older individuals under the bill.
   With regard to the curriculum for mandatory reporters of dependent adult abuse, the bill provides that the department of public health is to review and approve the curriculum for mandatory reporters of child abuse and is to work with IDA to approve a curriculum to satisfy the combined training requirement for child and dependent adult abuse. IDA is directed to develop and maintain, in consultation with the department of human services and the department of inspections and appeals, a dependent adult abuse mandatory reporter training curriculum for those persons who work in a position classification that under law makes the persons mandatory reporters of dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board. IDA must collaborate with the department of human services and the department of public health in approving a curriculum to satisfy the combined training requirements for child and dependent adult abuse. The bill also directs IDA to certify trainers to provide the dependent adult abuse mandatory reporter training curriculum developed and maintained by the department.
   The bill provides that the office of the attorney general, instead of the attorney for the department of human services responsible for representing the department, is to have access to unfounded and founded dependent adult abuse information.
   The bill amends provisions relating to the current public information and education program administered by IDA in cooperation with the department of human services to encompass elder abuse and dependent adult abuse.
   The bill makes conforming changes throughout the Code including those that mirror provisions relating to other types of protective orders, such as those provided under Code chapter 236 (domestic abuse).
   Code section 13.2: adds as a duty of the attorney general to develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, elder abuse assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual.
   Code section 13.31: adds as part of the victim assistance program established by the department of justice, the administration of elder abuse actions commenced under new Code chapter 231G.
   Code section 135B.7: adds as a duty for the department of inspections and appeals in its licensure and regulation of hospitals to adopt rules requiring hospitals to establish and implement protocols for responding to the needs of patients who are victims of elder abuse.
   Code section 231.23: adds to the duties of IDA to collaborate with the DPH to develop protocols, functions, timing, roles, and responsibilities relating to the suspicious deaths of older individuals review team.
   Code section 231.64: adds to the responsibilities of the aging and disability resources centers to be the primary point of entry for the elder abuse resource and referral program created in the bill.
   Code section 232.8: adds to the jurisdiction of the juvenile court, jurisdiction in proceedings commenced against a child relating to relief sought against elder abuse under new Code chapter 231G.
   Code section 232.22: relates to placement of a juvenile in detention when there is probable cause to believe that the child has committed a delinquent act which would be elder abuse or an elder abuse assault if committed by an adult.
   Code section 232.52: adds to provisions relating to the disposition of a child found to have committed a delinquent act, to attend a batterers’ treatment program if the child committed an act which would be elder abuse or elder abuse assault if committed by an adult.
   Code section 331.424: authorizes a county supplemental levy to add to those costs of the maintenance and operation of the courts, court-ordered costs in elder abuse.
   Code section 507B.4: adds as an unfair method of competition and unfair or deceptive act or practice in the business of insurance, in addition to practices relating to domestic abuse, the making or permitting of any discrimination in the sale of insurance solely on the basis of elder abuse.
   Code section 562A.27A: provides under the landlord tenant law that if activities that present a clear and present danger are being conducted by a person on the premises other than a tenant, the tenant is not subject to termination and notice to quit if the tenant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to Code chapter 231G or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger.
   Code section 562B.25A: provides under landlord and tenant provisions relating to manufactured home communities or mobile home parks that if activities that present a clear and present danger are being conducted by a person on the premises other than a tenant, the tenant is not subject to termination and notice to quit if the tenant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to Code chapter 231G or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger.
   Code section 598.7: provides that mediation requirements relating to a dissolution of marriage do not apply if the action involves elder abuse.
   Code section 598.16: provides for the waiver from requirements for conciliation in dissolution actions if a history of elder abuse exists and provides for a determination of the existence of elder abuse.
   Code section 598.41: provides that in determining custody arrangements for children, the court may consider whether a history of elder abuse exists and provides for a determination of the existence of elder abuse.
   Code section 598.41D: provides in the determination of the best interest of a child in the assignment of visitation or physical care parenting time to a specified family member of a parent serving active duty that the court ensure that the specified family member not have a history of elder abuse.
   Code section 598.42: provides that under the dissolution Code chapter, the clerk of the district court shall provide notice and copies of temporary or permanent protective orders and orders to vacate the homestead entered pursuant to Code chapter 598 to the applicable law enforcement agencies and the 24-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under Code section 231G.8.
   Code section 602.6306: provides that district associate judges also have jurisdiction to enter a temporary or emergency order of protection under Code chapter 231G.
   Code section 611.23: provides that in a civil case in which a plaintiff is seeking relief or damages for alleged elder abuse, the plaintiff may seek, and the court may grant, an order requiring the defendant to receive professional counseling, in addition to any other appropriate relief or damages.
   Code section 664A.1: includes in the definition of “protective orders” under the Code chapter relating to no-contact and enforcement of protective orders, a court order or court-approved consent agreement entered pursuant to Code chapter 231G, including a valid foreign protective order and a protective order or sentencing order in a criminal prosecution arising from elder abuse assault.
   Code section 664A.2: provides that the Code chapter is applicable to no-contact orders issued for violations or alleged violations related to elder abuse assault and to protective orders issued in civil proceedings issued under Code chapter 231G.
   Code section 664A.3: provides for actions by a magistrate when a person is taken into custody for contempt proceedings relating to enforcement of an order relating to elder abuse.
   Code section 664A.4: provides for provision by the clerk of the district court of a notice and copy of the no-contact order to the appropriate law enforcement agencies and the 24-hour dispatcher for the law enforcement agencies in the same manner as provided in Code section 231G.8 relating to orders relating to elder abuse.
   Code section 664A.5: provides that modification and entry of permanent no-contact orders provisions apply to violations of protective orders issued regarding elder abuse under Code chapter 231G.
   Code section 664A.6: provides for the mandatory arrest for violation of a no-contact order relating to elder abuse or elder abuse assault and provides civil and criminal immunity for a peace officer acting in good faith and on reasonable grounds if the officer’s acts do not constitute a willful or wanton disregard for the rights or safety of others.
   Code section 664A.7: provides that violation of a no-contact order or a protective order issued under Code chapter 231G is punishable by summary contempt proceedings punishable by confinement in the county jail or simple misdemeanor penalties.
   Code section 804.7: allows for arrests by peace officers if the peace officer has reasonable grounds for believing that elder abuse has occurred and has reasonable grounds for believing that the person to be arrested has committed it; or if required to arrest a person based on probable cause that elder abuse assault has been committed.
   Code section 915.22: provides under Code chapter 915 (victim rights) that the clerk of the district court shall provide notice and copies of restraining orders in a criminal case involving alleged elder abuse assault to the applicable law enforcement agencies and the 24-hour dispatcher for the law enforcement agencies, in the manner provided for protective orders under Code section 231G.8. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
   Code section 915.23: prohibits an employer from discharging an employee, or from taking or failing to take action regarding an employee’s promotion or proposed promotion, or taking action to reduce an employee’s wages or benefits for actual time worked, due to the service of an employee as a witness in a criminal proceeding or as a plaintiff, defendant, or witness in a civil proceeding pursuant to Code chapter 231G.
   Code section 915.50A: provides for specific rights for victims of elder abuse in addition to the victim rights provided under Code chapter 915 including the right to file a pro se petition for relief from elder abuse in the district court; the right for law enforcement to remain on the scene, to assist the victim in leaving the scene, to assist the victim in obtaining transportation to medical care, and to provide the person with a written statement of victim rights and information about emergency shelters, support services, and right aging and disability resource center network; and the right to receive a criminal no-contact order upon a finding of probable cause.
   Code section 915.82: includes on the crime victim assistance board, a person representing older individuals rather than the elderly.
   Code section 915.94: provides that moneys in the victim compensation fund may be used for awards to programs that provide services and support to victims of elder abuse.