Senate File 2239 - Introduced SENATE FILE 2239 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 2117) A BILL FOR An Act relating to elder abuse and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5237SV (2) 85 pf/nh
S.F. 2239 DIVISION I 1 ELDER ABUSE RESPONSE INITIATIVE 2 Section 1. NEW SECTION . 231G.1 Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Abuse” means the knowing infliction of physical or 6 psychological harm or the knowing deprivation of goods or 7 services that are necessary to meet essential needs or to avoid 8 physical or psychological harm. “Abuse” includes but is not 9 limited to: 10 a. Physical injury to, or injury which is at a variance with 11 the history given of the injury, or unreasonable confinement, 12 unreasonable punishment, or assault of an older individual. 13 b. The commission of a sexual offense under chapter 709 or 14 section 726.2 with or against an older individual. 15 c. The commission of elder abuse assault under section 16 708.2D. 17 2. “Aging and disability resource center” means the same as 18 defined in section 231.4. 19 3. “Area agency on aging” means the same as defined in 20 section 231.4. 21 4. “Attorney in fact” means an attorney in fact under a 22 power of attorney pursuant to chapter 633B or an attorney in 23 fact under a durable power of attorney for health care pursuant 24 to chapter 144B. 25 5. “Caregiver” means an individual who has the 26 responsibility for the care or custody of an older individual, 27 whether voluntarily, by contract, through employment, or as a 28 result of the operation of law, and includes but is not limited 29 to a family member or other individual who provides compensated 30 or uncompensated care to an older individual. “Caregiver” does 31 not include a caretaker as defined in section 235E.1. 32 6. “Conservator” means the same as defined in section 633.3. 33 7. “Department” means the department on aging. 34 8. “Director” means the director of the department on aging. 35 -1- LSB 5237SV (2) 85 pf/nh 1/ 60
S.F. 2239 9. “Elder abuse” means the abuse, neglect, or financial 1 exploitation of an older individual. “Elder abuse” does not 2 include any of the following: 3 a. Circumstances in which an older individual declines 4 medical treatment if the older individual holds a belief or is 5 an adherent of a religion whose tenets and practices call for 6 reliance on spiritual means in place of reliance on medical 7 treatment. 8 b. Circumstances in which an older individual’s caregiver 9 or fiduciary, acting in accordance with the older individual’s 10 stated or implied consent, declines medical treatment if the 11 older individual holds a belief or is an adherent of a religion 12 whose tenets and practices call for reliance on spiritual means 13 in place of reliance on medical treatment. 14 c. The withholding or withdrawing of medical treatment 15 from an older individual who is terminally ill in the opinion 16 of a licensed physician, when the withholding or withdrawing 17 of medical treatment is done at the request of the older 18 individual or at the request of the older individual’s next of 19 kin, attorney in fact, or guardian pursuant to the applicable 20 procedures under chapter 125, 144A, 144B, 222, 229, or 633. 21 10. “Elder abuse assault” means the same as defined in 22 section 708.2D. 23 11. “Emergency shelter services” means and includes but is 24 not limited to secure crisis shelters or housing for a victim 25 of elder abuse. 26 12. “Federal Act” means the Older Americans Act of 1965, 42 27 U.S.C. §3001 et seq., as amended. 28 13. “Fiduciary” means a person or entity with the legal 29 responsibility to make decisions on behalf of and for the 30 benefit of an older individual and to act in good faith and 31 with fairness. “Fiduciary” includes a guardian, trustee, 32 executor, administrator, receiver, conservator, attorney 33 in fact, representative payee, or any person acting in any 34 fiduciary capacity for or on behalf of an older individual. 35 -2- LSB 5237SV (2) 85 pf/nh 2/ 60
S.F. 2239 14. “Financial exploitation” means financial exploitation 1 as provided in section 726.25. 2 15. “Guardian” means the same as defined in section 633.3. 3 16. “Interfere with” means to interpose in a manner that 4 hinders or impedes or to take part in concerns of others. 5 17. “Intimidate” means to compel or deter conduct by a 6 threat. 7 18. “Menace” means to show intention to harm or to act in 8 threatening manner. 9 19. “Molest” means to annoy, disturb, or persecute, 10 especially with hostile intent or injurious effect, and 11 includes general harassment. 12 20. “Neglect” means the failure of a caregiver or fiduciary 13 to provide adequate food, shelter, clothing, supervision, 14 physical or mental health care, or goods or services necessary 15 to maintain the life, health, or safety of an older individual, 16 which if not provided would constitute denial of critical care. 17 21. “Older individual” means an individual who is sixty 18 years of age or older. 19 22. “Peace officer” means the same as defined in section 20 801.4. 21 23. “Physical harm” means bodily injury, impairment, or 22 disease. 23 24. “Plaintiff” means an older individual who files 24 a petition under this chapter and includes a substitute 25 petitioner who files a petition on behalf of an older 26 individual under this chapter. 27 25. “Present danger of elder abuse” means a situation 28 in which the defendant has recently threatened the older 29 individual with initial or additional elder abuse, or the 30 potential for misappropriation, misuse, or removal of the 31 benefits, property, resources, belongings, or assets of the 32 older individual. 33 26. “Pro se” means a person proceeding on the person’s own 34 behalf without legal representation. 35 -3- LSB 5237SV (2) 85 pf/nh 3/ 60
S.F. 2239 27. “Psychological harm” means the infliction of anguish, 1 emotional pain, or distress through verbal or nonverbal acts. 2 28. “Substitute petitioner” means the guardian, conservator, 3 attorney in fact, or guardian ad litem for an older individual 4 who files a petition under this chapter. 5 29. “Undue influence” means taking advantage of a person’s 6 role, relationship, or authority to improperly change or 7 obtain control over the actions or decision making of an older 8 individual. 9 Sec. 2. NEW SECTION . 231G.2 Elder abuse resource and 10 referral program. 11 1. The department shall establish and operate an elder abuse 12 resource and referral program. The purposes of the program 13 are: 14 a. To empower older individuals to maximize their autonomy. 15 b. To recognize the rights of older individuals, including 16 the right to be free of abuse, neglect, and financial 17 exploitation. 18 c. To increase the awareness of elder abuse and provide 19 options for older individuals at risk of elder abuse. 20 d. To provide a mechanism to address prevention, detection, 21 and reporting of and intervention in cases of abuse, neglect, 22 and financial exploitation of older individuals. 23 2. The department shall utilize the area agencies on 24 aging to implement the program in each designated planning 25 and service area. Each area agency on aging shall designate 26 an elder rights specialist to administer the local program. 27 The elder rights specialist shall assemble a local network of 28 partners and stakeholders to coordinate services for older 29 individuals through the program. The network shall include 30 individuals who possess knowledge and skills related to 31 older individuals or elder abuse and who are professionals 32 practicing in the disciplines of medicine, nursing, geriatrics, 33 public health, mental health, social work, gerontology, 34 law, law enforcement, or other disciplines relative to older 35 -4- LSB 5237SV (2) 85 pf/nh 4/ 60
S.F. 2239 individuals. The network shall include but is not limited to 1 persons representing the area agencies on aging, the office of 2 the attorney general, county attorneys, health care providers, 3 law enforcement, service providers, and other community 4 resources and persons involved in advocating for or providing 5 services to older individuals. 6 3. The aging and disability resource center network shall 7 act as the primary point of entry for individuals seeking 8 information and assistance regarding elder abuse. 9 4. The program shall include a public education component 10 to increase awareness regarding elder abuse and the services 11 provided through the program. 12 5. The program shall include a component to provide for 13 response to reports of suspected elder abuse, and any reports 14 of suspected elder abuse may be transmitted to the office of 15 the attorney general and the appropriate law enforcement agency 16 and county attorney. The program shall cooperate with and 17 provide information to the office of the attorney general, law 18 enforcement agencies, and county attorneys upon request. 19 6. All program records that disclose the identity of an 20 older individual seeking information or receiving services 21 shall be maintained as confidential records pursuant to section 22 22.7 and shall not be disclosed except with the written consent 23 of the older individual or the older individual’s guardian, 24 conservator, or attorney in fact, or if required by court 25 order. The department shall have access to program records. 26 7. The department shall adopt rules to administer the 27 program including rules regarding qualifications for elder 28 rights specialists, and intake, assessment, care plans, 29 referral of cases, and the provision of information sharing and 30 case consultation among those involved in intake, assessment, 31 investigation, diagnosis, disposition, and service delivery 32 related to older individuals through the program. 33 Sec. 3. NEW SECTION . 231G.3 Commencement of actions —— 34 waiver to juvenile court. 35 -5- LSB 5237SV (2) 85 pf/nh 5/ 60
S.F. 2239 1. An older individual, or the guardian, conservator, 1 attorney in fact, or guardian ad litem of an older individual, 2 may seek relief from elder abuse by filing a verified petition 3 in the district court. Venue shall lie where either party 4 resides. The petition shall state all of the following: 5 a. The name of the older individual and the name and address 6 of the older individual’s attorney, if any. If the older 7 individual is proceeding pro se, the petition shall state a 8 mailing address for the older individual. A mailing address 9 may be provided by the older individual pursuant to section 10 231G.12. 11 b. The name of the substitute petitioner if the petition 12 is being filed on behalf of an older individual, and the name 13 and address of the attorney of the substitute petitioner. If 14 the substitute petitioner is proceeding pro se, the petition 15 shall state a mailing address for the substitute petitioner. A 16 mailing address may be provided by the substitute petitioner 17 pursuant to section 231G.12. 18 c. The name and address, if known, of the defendant. 19 d. The relationship of the older individual to the 20 defendant. 21 e. The nature of the alleged elder abuse. 22 f. The name and age of any other individual whose welfare 23 may be affected. 24 g. The desired relief, including a request for temporary or 25 emergency orders. 26 2. A temporary or emergency order shall be based on a 27 showing of a prima facie case of elder abuse. If the factual 28 basis for the alleged elder abuse is contested, the court shall 29 issue a protective order based upon a finding of elder abuse by 30 a preponderance of the evidence. 31 3. a. The filing fee and court costs for an order for 32 protection and in a contempt action resulting from an order 33 granted under this chapter or chapter 664A shall be waived for 34 the plaintiff. 35 -6- LSB 5237SV (2) 85 pf/nh 6/ 60
S.F. 2239 b. The clerk of court, the sheriff of any county in this 1 state, and other law enforcement and corrections officers shall 2 perform their duties relating to service of process without 3 charge to the plaintiff. 4 c. When an order for protection is entered by the court, 5 the court may direct the defendant to pay to the clerk of court 6 the fees for the filing of the petition and reasonable costs of 7 service of process if the court determines the defendant has 8 the ability to pay the plaintiff’s fees and costs. 9 d. In lieu of personal service of an order for protection 10 issued pursuant to this section, the sheriff of any county 11 in the state, and any other law enforcement and corrections 12 officers may serve a defendant with a short-form notification 13 pursuant to section 664A.4A. 14 4. If the person against whom relief from elder abuse is 15 being sought is seventeen years of age or younger, the district 16 court shall waive its jurisdiction over the action to the 17 juvenile court. 18 5. If a substitute petitioner files a petition under this 19 section on behalf of an older individual, the older individual 20 shall retain the right to all of the following: 21 a. To contact and retain counsel. 22 b. To have access to personal records. 23 c. To file objections to the protective order. 24 d. To request a hearing on the petition. 25 e. To present evidence and cross-examine witnesses at the 26 hearing. 27 6. The relief provided under this chapter shall not be 28 available if the action involves a guardian or conservator 29 of the older individual and the relief sought is more 30 appropriately obtained in a protective proceeding filed under 31 chapter 633. 32 Sec. 4. NEW SECTION . 231G.4 Plaintiffs proceeding pro se —— 33 provision of forms and assistance. 34 1. The department of justice shall prescribe standard forms 35 -7- LSB 5237SV (2) 85 pf/nh 7/ 60
S.F. 2239 to be used by older individuals or substitute petitioners 1 seeking protective orders by proceeding pro se in actions 2 under this chapter. The standard forms shall include language 3 in fourteen point boldface type. Standard forms prescribed 4 by the department of justice shall be the exclusive forms 5 used by plaintiffs proceeding pro se under this chapter. The 6 department of justice shall distribute the forms to the clerks 7 of the district courts. 8 2. The clerk of the district court shall furnish the 9 required forms to persons seeking protective orders through pro 10 se proceedings pursuant to this chapter. 11 Sec. 5. NEW SECTION . 231G.5 Assistance by county attorney. 12 A county attorney’s office may provide assistance to a 13 person wishing to initiate proceedings pursuant to this chapter 14 or to a plaintiff at any stage of a proceeding under this 15 chapter if the plaintiff does not have sufficient funds to pay 16 for legal assistance and if the assistance does not create 17 a conflict of interest for the county attorney’s office. 18 The assistance provided may include but is not limited to 19 assistance in obtaining or completing forms, filing a petition 20 or other necessary pleading, presenting evidence to the court, 21 and enforcing the orders of the court entered pursuant to this 22 chapter. Providing assistance pursuant to this section shall 23 not be considered the private practice of law for the purposes 24 of section 331.752. 25 Sec. 6. NEW SECTION . 231G.6 Appointment of guardian ad 26 litem. 27 The court may on its own motion or on the motion of a party 28 appoint a guardian ad litem for an older individual if justice 29 requires. The older individual’s attorney shall not also serve 30 as the guardian ad litem. 31 Sec. 7. NEW SECTION . 231G.7 Hearings —— temporary orders. 32 1. Not less than five and not more than fifteen days after 33 commencing a proceeding and upon notice to the other party, a 34 hearing shall be held at which the plaintiff must prove the 35 -8- LSB 5237SV (2) 85 pf/nh 8/ 60
S.F. 2239 allegation of elder abuse by a preponderance of the evidence. 1 2. The court may enter any temporary order it deems 2 necessary to protect the older individual from elder abuse 3 prior to the hearing, upon good cause shown in an ex parte 4 proceeding. Present danger of elder abuse constitutes good 5 cause for purposes of this subsection. A temporary order 6 issued pursuant to this subsection shall specifically include 7 notice that the defendant may be required to relinquish all 8 firearms, offensive weapons, and ammunition upon the issuance 9 of a permanent order pursuant to section 231G.8. 10 3. If a hearing is continued, the court may make or extend 11 any temporary order under subsection 2 that it deems necessary. 12 4. Upon application of a party, the court shall issue 13 subpoenas requiring attendance and testimony of witnesses and 14 production of papers. 15 5. The court shall advise the defendant of a right to be 16 represented by counsel of the defendant’s choosing and to have 17 a continuance to secure counsel. 18 6. The showing required under subsection 1 may be made by, 19 but is not limited to the testimony at the hearing of, any of 20 the following: 21 a. The older individual. 22 b. The guardian, conservator, attorney in fact, or guardian 23 ad litem of the older individual. 24 c. Witnesses to the elder abuse. 25 d. Adult protective services workers who have conducted an 26 investigation. 27 7. The hearing may be held in person, telephonically, or 28 electronically. If the defendant or plaintiff seeks to raise 29 an issue at the hearing not previously raised, the defendant or 30 plaintiff is entitled to reasonable continuance for the purpose 31 of preparing a response to the issue. 32 8. The court shall exercise its discretion in a manner that 33 protects the older individual from traumatic confrontation with 34 the defendant. 35 -9- LSB 5237SV (2) 85 pf/nh 9/ 60
S.F. 2239 9. Hearings shall be recorded. 1 Sec. 8. NEW SECTION . 231G.8 Disposition. 2 1. Upon a finding that the defendant has engaged in elder 3 abuse, the court shall, if requested by the plaintiff, order 4 any of the following: 5 a. That the defendant be required to move from the residence 6 of the older individual if both the older individual and the 7 defendant are titleholders or contract holders of record of the 8 real property, are named as tenants in the rental agreement 9 concerning the use and occupancy of the dwelling unit, or are 10 married to each other. 11 b. That the defendant provide suitable alternative housing 12 for the older individual. 13 c. That a peace officer accompany the party who is leaving 14 or has left the party’s residence to remove essential personal 15 effects of the party. 16 d. That the defendant be restrained from abusing, 17 intimidating, molesting, interfering with, or menacing the 18 older individual, or attempting to abuse, intimidate, molest, 19 interfere with, or menace the older individual. 20 e. That the defendant be restrained from entering or 21 attempting to enter on any premises when it appears to the 22 court that such restraint is necessary to prevent the defendant 23 from abusing, intimidating, molesting, interfering with, or 24 menacing the older individual. 25 f. That the defendant be restrained from exercising 26 any powers on behalf of the older individual through a 27 court-appointed guardian, conservator, or guardian ad litem, an 28 attorney in fact, or another third party. 29 g. That the defendant be restrained from owning, possessing, 30 purchasing, receiving, or attempting to receive a firearm, 31 offensive weapon, or ammunition. 32 h. In addition to the relief provided in subsection 2, other 33 relief that the court considers necessary to provide for the 34 safety and welfare of the older individual. 35 -10- LSB 5237SV (2) 85 pf/nh 10/ 60
S.F. 2239 2. If the court finds that the older individual has been 1 the victim of financial exploitation, the court may order the 2 relief the court considers necessary to prevent or remedy the 3 financial exploitation, including but not limited to any of the 4 following: 5 a. Directing the defendant to refrain from exercising 6 control over the benefits, property, resources, belongings, or 7 assets of the older individual. 8 b. Requiring the defendant to return custody or control of 9 the benefits, property, resources, belongings, or assets to the 10 older individual. 11 c. Requiring the defendant to follow the instructions of 12 the guardian, conservator, or attorney in fact of the older 13 individual. 14 d. Prohibiting the defendant from transferring the benefits, 15 property, resources, belongings, or assets of the older 16 individual to any person other than the older individual. 17 3. The court shall not use an order issued under this 18 section to do any of the following: 19 a. To allow any person other than the older individual to 20 assume responsibility for the benefits, property, resources, 21 belongings, or assets of the older individual. 22 b. For relief that is more appropriately obtained in a 23 protective proceeding filed under chapter 633 including but 24 not limited to giving control and management of the benefits, 25 property, resources, belongings, or assets of the older 26 individual to a guardian, conservator, or attorney in fact for 27 any purpose other than the relief granted under subsection 2. 28 4. The court may approve a consent agreement between the 29 parties entered to bring about the cessation of elder abuse. A 30 consent agreement approved under this section shall not contain 31 any of the following: 32 a. A provision that prohibits any party to the action 33 from contacting or cooperating with any government agency 34 including the department of human services, the department 35 -11- LSB 5237SV (2) 85 pf/nh 11/ 60
S.F. 2239 of inspections and appeals, the department on aging, the 1 department of justice, law enforcement, and the office of 2 long-term care ombudsman; a licensing or regulatory agency 3 that has jurisdiction over any license or certification held 4 by the defendant; a protection and advocacy agency recognized 5 in section 135C.2; or the defendant’s current employer if the 6 defendant’s professional responsibilities include contact with 7 older individuals, dependent adults, or minors, if the party 8 contacting or cooperating has a good-faith belief that the 9 information is relevant to the duties or responsibilities of 10 the entity. 11 b. A provision that prohibits any party to the action from 12 filing a complaint with or reporting a violation of law to any 13 government agency including the department of human services, 14 the department of inspections and appeals, the department on 15 aging, the department of justice, law enforcement, and the 16 office of long-term care ombudsman; a licensing or regulatory 17 agency that has jurisdiction over any license or certification 18 held by the defendant; a protection and advocacy agency 19 recognized in section 135C.2; or the defendant’s current 20 employer. 21 c. A provision that requires any party to the action to 22 withdraw a complaint filed with or a violation reported to any 23 government agency including the department of human services, 24 the department of inspections and appeals, the department on 25 aging, the department of justice, law enforcement, and the 26 office of long-term care ombudsman; a licensing or regulatory 27 agency that has jurisdiction over any license or certification 28 held by the defendant; a protection and advocacy agency 29 recognized in section 135C.2; or the defendant’s current 30 employer. 31 5. A protective order or approved consent agreement shall be 32 for a fixed period of time not to exceed one year. The court 33 may amend or extend its order or a consent agreement at any 34 time upon a petition filed by either party and after notice 35 -12- LSB 5237SV (2) 85 pf/nh 12/ 60
S.F. 2239 and hearing. The court may extend the order if the court, 1 after a hearing at which the defendant has the opportunity to 2 be heard, finds that the defendant continues to pose a threat 3 to the safety of the older individual, persons residing with 4 the older individual, or members of the older individual’s 5 immediate family, or continues to present a risk of financial 6 exploitation of the older individual. The number of extensions 7 that may be granted by the court is not limited. 8 6. The order shall state whether a person is to be taken 9 into custody by a peace officer for a violation of the terms 10 stated in the order. 11 7. The court may order that the defendant pay the attorney 12 fees and court costs. 13 8. An order or approved consent agreement under this section 14 shall not affect title to real property. 15 9. A copy of any order or approved consent agreement shall 16 be issued to the plaintiff, the defendant, the county sheriff 17 of the county in which the order or consent decree is initially 18 entered, and the twenty-four-hour dispatcher for the county 19 sheriff. Any subsequent amendment or revocation of an order 20 or consent agreement shall be forwarded by the clerk to all 21 individuals previously notified. 22 10. The clerk shall notify the county sheriff and the 23 twenty-four-hour dispatcher for the county sheriff in writing 24 so that the county sheriff and the county sheriff’s dispatcher 25 receive written notice within six hours of filing the order, 26 approved consent agreement, amendment, or revocation. The 27 clerk may fulfill this requirement by sending the notice by 28 facsimile or other electronic transmission which reproduces the 29 notice in writing within six hours of filing the order. 30 11. The county sheriff’s dispatcher shall notify all 31 law enforcement agencies having jurisdiction over the matter 32 and the twenty-four-hour dispatcher for the law enforcement 33 agencies upon notification by the clerk. 34 Sec. 9. NEW SECTION . 231G.9 Emergency orders. 35 -13- LSB 5237SV (2) 85 pf/nh 13/ 60
S.F. 2239 1. When the court is unavailable from the close of business 1 at the end of the day or week to the resumption of business 2 at the beginning of the day or week, a petition may be filed 3 before a district judge, or district associate judge designated 4 by the chief judge of the judicial district, who may grant 5 emergency relief in accordance with section 231G.8, subsection 6 1 or 2, if the district judge or district associate judge deems 7 it necessary to protect the older individual from elder abuse, 8 upon good cause shown in an ex parte proceeding. Present 9 danger of elder abuse constitutes good cause for purposes of 10 this subsection. 11 2. An emergency order issued under subsection 1 shall expire 12 seventy-two hours after issuance. When the order expires, the 13 plaintiff may seek a temporary order from the court pursuant 14 to section 231G.7. 15 3. A petition filed and emergency order issued under this 16 section and any documentation in support of the petition 17 and order shall be immediately certified to the court. The 18 certification shall commence a proceeding for purposes of 19 section 231G.3. 20 Sec. 10. NEW SECTION . 231G.10 Procedure. 21 1. A proceeding under this chapter shall be held in 22 accordance with the rules of civil procedure, except as 23 otherwise set forth in this chapter and in chapter 664A, and is 24 in addition to any other civil or criminal remedy. 25 2. The plaintiff’s right to relief under this chapter is not 26 affected by leaving the older individual’s home to avoid elder 27 abuse. 28 Sec. 11. NEW SECTION . 231G.11 Elder abuse information. 29 1. The department shall collect and maintain information on 30 incidents involving elder abuse. The department shall design 31 and implement a uniform method of collecting data on elder 32 abuse from entities involved in the prevention, detection, 33 reporting, investigation of and intervention in cases of abuse, 34 neglect, and financial exploitation of older individuals. 35 -14- LSB 5237SV (2) 85 pf/nh 14/ 60
S.F. 2239 2. The department shall compile statistics and issue 1 reports on elder abuse in Iowa, provided individual identifying 2 details of the elder abuse are deleted. The statistics and 3 reports may include nonidentifying information on the personal 4 characteristics of perpetrators and victims and shall be made 5 electronically accessible to the public. The department 6 may request the cooperation of the department of justice 7 in compiling the statistics and issuing the reports. The 8 department of justice shall provide to the department, without 9 charge, all information and documentation requested for this 10 purpose. The department may provide nonidentifying information 11 on individual incidents of elder abuse to persons conducting 12 bona fide research, including but not limited to personnel of 13 the department of justice. 14 Sec. 12. NEW SECTION . 231G.12 Plaintiff address —— 15 confidentiality of records. 16 1. A plaintiff seeking relief under this chapter may use any 17 of the following addresses as a mailing address for purposes 18 of filing a petition under this chapter, as well as for the 19 purpose of obtaining any utility or other service: 20 a. The mailing address of a shelter or other agency. 21 b. A public or private post office box. 22 c. Any other mailing address, with the permission of the 23 resident of that address. 24 2. A plaintiff shall report any change of address, whether 25 designated according to subsection 1 or otherwise, to the clerk 26 of court no more than five days after the previous address on 27 record becomes invalid. 28 3. The entire file or a portion of the file in an elder 29 abuse action shall be sealed by the clerk of court as ordered 30 by the court to protect the privacy interest or safety of any 31 person. 32 4. Notwithstanding subsection 3, court orders shall remain 33 public records, although the court may order that address and 34 location information be redacted from the public records. 35 -15- LSB 5237SV (2) 85 pf/nh 15/ 60
S.F. 2239 Sec. 13. NEW SECTION . 231G.13 Duties of peace officer —— 1 magistrate. 2 1. A peace officer shall use every reasonable means to 3 enforce an order or court-approved consent agreement entered 4 under this chapter or chapter 664A, or to enforce an order that 5 establishes conditions of release or is a protective order or 6 sentencing order in a criminal prosecution arising from elder 7 abuse assault under section 708.2D. If a peace officer has 8 reason to believe that elder abuse has occurred, the peace 9 officer shall ask the older individual if any prior orders 10 exist, and shall contact the twenty-four-hour dispatcher to 11 inquire if any prior orders exist. If a peace officer has 12 probable cause to believe that a person has violated an order 13 or approved consent agreement entered under this chapter or 14 chapter 664A, or an order establishing conditions of release 15 or a protective or sentencing order in a criminal prosecution 16 arising from elder abuse assault pursuant to section 708.2D, 17 the peace officer shall take the person into custody and shall 18 take the person without unnecessary delay before the nearest or 19 most accessible magistrate in the judicial district in which 20 the person was taken into custody. The magistrate shall make 21 an initial preliminary determination whether there is probable 22 cause to believe that an order or consent agreement existed and 23 whether the person taken into custody has violated its terms. 24 The magistrate’s decision shall be entered in the record. 25 2. If a peace officer has probable cause to believe 26 that a person has violated an order or approved consent 27 agreement entered under this chapter or chapter 664A, or an 28 order establishing conditions of release or a protective 29 or sentencing order in a criminal prosecution arising from 30 elder abuse assault pursuant to section 708.2D, and the peace 31 officer is unable to take the person into custody within 32 twenty-four hours of making the probable cause determination, 33 the peace officer shall either request a magistrate to make a 34 determination as to whether a rule to show cause or an arrest 35 -16- LSB 5237SV (2) 85 pf/nh 16/ 60
S.F. 2239 warrant should be issued, or refer the matter to the county 1 attorney. 2 3. If the magistrate finds probable cause, the magistrate 3 shall order the person to appear either before the court which 4 issued the original order or approved the consent agreement, 5 or before the court in the jurisdiction where the alleged 6 violation took place, at a specified time not less than five 7 days nor more than fifteen days after the initial appearance 8 under this section. The magistrate shall cause the original 9 court to be notified of the contents of the magistrate’s order. 10 4. A peace officer shall not be held civilly or criminally 11 liable for acting pursuant to this section provided that the 12 peace officer acts in good faith, on probable cause, and the 13 officer’s acts do not constitute a willful and wanton disregard 14 for the rights or safety of another. 15 Sec. 14. NEW SECTION . 231G.14 Prevention of further elder 16 abuse —— notification of rights —— arrest —— liability. 17 1. If a peace officer has reason to believe that elder abuse 18 has occurred, the officer shall use all reasonable means to 19 prevent further elder abuse including but not limited to the 20 following: 21 a. If requested, remaining on the scene as long as there 22 is a danger to an older individual’s physical safety without 23 the presence of a peace officer, including but not limited to 24 staying in the dwelling unit, or if unable to remain on the 25 scene, assisting the older individual in leaving the residence. 26 b. Assisting an older individual in obtaining necessary 27 medical treatment resulting from the elder abuse, including 28 providing assistance to the older individual in obtaining 29 transportation to the emergency department of the nearest 30 hospital. 31 c. Providing an older individual with immediate and 32 adequate notice of the older individual’s rights. The notice 33 shall consist of handing the older individual a document that 34 includes the telephone numbers of the department, the local 35 -17- LSB 5237SV (2) 85 pf/nh 17/ 60
S.F. 2239 area agency on aging, the aging and disability resource center 1 network, advocacy and support groups, and emergency shelters. 2 The peace officer shall ask the older individual to read the 3 document and ask whether the older individual understands the 4 rights described in the document. The document shall contain a 5 copy of the following statement written in English and Spanish: 6 (1) You have the right to ask the court for help keeping 7 your abuser away from you, your home, your place of employment, 8 and any other places you may be. 9 (2) You have the right to stay at your home without 10 interference from your abuser. 11 (3) You have the right to control and have custody of your 12 benefits, property, resources, belongings, and assets. 13 (4) You have the right to seek help from the court to seek 14 a protective order with or without the assistance of legal 15 representation. You have the right to seek help from the 16 courts without the payment of court costs if you do not have 17 sufficient funds to pay the costs. 18 (5) You have the right to file criminal charges for threats, 19 assaults, or other related crimes. 20 (6) You have the right to seek restitution against your 21 abuser for harm to yourself or your property. 22 (7) If you are in need of medical treatment, you have 23 the right to request that the officer present assist you in 24 obtaining transportation to the nearest hospital or otherwise 25 assist you. 26 (8) If you believe that police protection is needed for your 27 physical safety you have the right to request that the officer 28 present remain at the scene until you and other affected 29 parties can leave or until safety is otherwise ensured. 30 2. a. A peace officer may, with or without a warrant, 31 arrest a person under section 708.2D, subsection 2, paragraph 32 “a” , if, upon investigation, including a reasonable inquiry of 33 the older individual and other witnesses, if any, the officer 34 has probable cause to believe that an elder abuse assault has 35 -18- LSB 5237SV (2) 85 pf/nh 18/ 60
S.F. 2239 been committed which did not result in any injury to the older 1 individual. 2 b. A peace officer shall, with or without a warrant, arrest 3 a person under section 708.2D, subsection 2, paragraph “b” , 4 if, upon investigation, including a reasonable inquiry of the 5 older individual and other witnesses, if any, the officer has 6 probable cause to believe that an elder abuse assault has been 7 committed which resulted in the older individual suffering a 8 bodily injury. 9 c. A peace officer shall, with or without a warrant, arrest 10 a person under section 708.2D, subsection 2, paragraph “c” , 11 if, upon investigation, including a reasonable inquiry of the 12 older individual and other witnesses, if any, the officer has 13 probable cause to believe that an elder abuse assault has 14 been committed with the intent to inflict a serious injury as 15 defined in section 702.18. 16 d. A peace officer shall, with or without a warrant, arrest 17 a person under section 708.2D, subsection 2, paragraph “c” , 18 if, upon investigation, including a reasonable inquiry of the 19 older individual and other witnesses, if any, the officer has 20 probable cause to believe that an elder abuse assault has 21 been committed and that the alleged abuser used or displayed 22 a dangerous weapon as defined in section 702.7 in connection 23 with the assault. 24 e. A peace officer shall, with or without a warrant, arrest 25 a person under section 708.2D, subsection 2, paragraph “d” , 26 if, upon investigation, including a reasonable inquiry of the 27 older individual and other witnesses, if any, the officer has 28 probable cause to believe that an elder abuse assault has 29 been committed by knowingly impeding the normal breathing or 30 circulation of the blood of the older individual by applying 31 pressure to the throat or neck of the older individual or by 32 obstructing the nose or mouth of the older individual. 33 f. A peace officer shall, with or without a warrant, 34 arrest a person under section 708.2D, subsection 5, if, upon 35 -19- LSB 5237SV (2) 85 pf/nh 19/ 60
S.F. 2239 investigation, including a reasonable inquiry of the alleged 1 victim and other witnesses, if any, the officer has probable 2 cause to believe that an elder abuse assault has been committed 3 by knowingly impeding the normal breathing or circulation of 4 the blood of an older individual by applying pressure to the 5 throat or neck of the older individual or by obstructing the 6 nose or mouth of the older individual, and causing bodily 7 injury. 8 g. A peace officer may, with or without a warrant, arrest 9 a person if, upon investigation, including a reasonable 10 inquiry of the older individual and other witnesses, if any, 11 the officer has probable cause to believe that elder abuse 12 constituting financial exploitation has been committed by the 13 person. 14 3. A peace officer is not civilly or criminally liable for 15 actions taken pursuant to this section taken in good faith. 16 Sec. 15. NEW SECTION . 231G.15 Prohibition against referral. 17 In a criminal action arising from elder abuse, the 18 prosecuting attorney or court shall not refer or order the 19 parties involved to mediation or other nonjudicial procedures 20 prior to judicial resolution of the action. 21 Sec. 16. NEW SECTION . 231G.16 Application for designation 22 and funding as a provider of services for victims of elder abuse. 23 Upon receipt of state or federal funding designated for 24 victims of elder abuse by the department, the department 25 shall designate and award grants to provide emergency shelter 26 services and support services to victims of elder abuse. A 27 public or private nonprofit organization may apply to the 28 department for designation and funding as a provider of 29 emergency shelter services and support services to victims 30 of elder abuse. The application shall be submitted on a 31 form prescribed by the department and shall include but not 32 be limited to information regarding services to be provided, 33 budget projections, and security measures. 34 Sec. 17. NEW SECTION . 231G.17 Department powers. 35 -20- LSB 5237SV (2) 85 pf/nh 20/ 60
S.F. 2239 1. The department may consult and cooperate with all public 1 and private agencies which may provide services to victims of 2 elder abuse, including but not limited to legal and social 3 services. 4 2. The department may accept, use, and dispose of 5 contributions of money, services, and property made available 6 by an agency or department of the state or federal government, 7 or a private agency or individual to address elder abuse. 8 Sec. 18. NEW SECTION . 231G.18 Reference to certain criminal 9 provisions. 10 Provisions contained in this chapter shall not preclude 11 other relief available including certain criminal penalties and 12 provisions pertaining to elder abuse, elder abuse assault, and 13 violations of protective orders set forth in chapter 664A and 14 sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25. 15 Sec. 19. NEW SECTION . 231G.19 Foreign protective orders 16 —— registration —— enforcement. 17 1. As used in this section, “foreign protective order” means 18 a protective order entered by a court of another state, Indian 19 tribe, or United States territory that would be an order or 20 court-approved consent agreement entered under this chapter 21 or chapter 664A, or an order that establishes conditions 22 of release or is a protective order or sentencing order in 23 a criminal prosecution arising from an elder abuse assault 24 pursuant to section 708.2D if it had been entered in Iowa. 25 2. A certified or authenticated copy of a permanent foreign 26 protective order may be filed with the clerk of the district 27 court in any county that would have venue if the original 28 action was being commenced in this state or in which the person 29 in whose favor the order was entered may be present. 30 a. The clerk shall file foreign protective orders that are 31 not certified or authenticated, if supported by an affidavit of 32 a person with personal knowledge, subject to the penalties for 33 perjury. The person protected by the order may provide this 34 affidavit. 35 -21- LSB 5237SV (2) 85 pf/nh 21/ 60
S.F. 2239 b. The clerk shall provide copies of the order as required 1 by section 231G.8, except that notice shall not be provided to 2 the respondent without the express written direction of the 3 person in whose favor the order was entered. 4 3. a. A valid foreign protective order has the same effect 5 and shall be enforced in the same manner as a protective order 6 issued in this state whether or not filed with a clerk of court 7 or otherwise placed in a registry of protective orders. 8 b. A foreign protective order is valid if it meets all of 9 the following conditions: 10 (1) The order states the name of the protected individual 11 and the individual against whom enforcement is sought. 12 (2) The order has not expired or has not otherwise been 13 terminated. 14 (3) The order was issued by a court or tribunal that had 15 jurisdiction over the parties and subject matter under the law 16 of the foreign jurisdiction. 17 (4) The order was issued in accordance with the respondent’s 18 due process rights, either after the respondent was provided 19 with reasonable notice and an opportunity to be heard before 20 the court or tribunal that issued the order, or in the case 21 of an ex parte order, the respondent was granted notice and 22 opportunity to be heard within a reasonable time after the 23 order was issued. 24 c. Proof that a foreign protective order failed to meet all 25 of the factors listed in paragraph “b” shall be an affirmative 26 defense in any action seeking enforcement of the order. 27 4. A peace officer shall treat a foreign protective order as 28 a valid legal document and shall make an arrest for a violation 29 of the foreign protective order in the same manner that a peace 30 officer would make an arrest for a violation of a protective 31 order issued within this state. 32 a. The fact that a foreign protective order has not been 33 filed with the clerk of court or otherwise placed in a registry 34 shall not be grounds to refuse to enforce the terms of the 35 -22- LSB 5237SV (2) 85 pf/nh 22/ 60
S.F. 2239 order unless it is apparent to the officer that the order is 1 invalid on its face. 2 b. A peace officer acting reasonably and in good faith in 3 connection with the enforcement of a foreign protective order 4 shall be immune from civil and criminal liability in any action 5 arising in connection with such enforcement. 6 5. Filing and service costs in connection with foreign 7 protective orders are waived as provided in section 231G.3. 8 Sec. 20. CODE EDITOR DIRECTIVES. The Code editor shall do 9 all of the following: 10 1. Title new chapter 231G, as enacted in this Act, 11 the “Elder Abuse Response Act”, containing the following 12 subchapters: 13 a. Subchapter I, entitled “Elder abuse —— definitions”, 14 which includes section 231G.1, as enacted in this Act. 15 b. Subchapter II, entitled “Elder abuse resource and 16 referral initiative”, which includes section 231G.2, as enacted 17 in this Act. 18 c. Subchapter III, entitled “Relief from elder abuse”, 19 which includes sections 231G.3 through 231G.19, as enacted in 20 this Act. 21 2. Correct internal references as necessary. 22 DIVISION II 23 OTHER CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS 24 Sec. 21. NEW SECTION . 708.2D Elder abuse assault —— 25 mandatory minimums, penalties enhanced —— extension of no-contact 26 order. 27 1. For the purposes of this chapter, “elder abuse assault” 28 means an assault, as defined in section 708.1, of an older 29 individual as defined in section 231G.1. 30 2. On a first offense of elder abuse assault, the person 31 commits: 32 a. A simple misdemeanor, except as otherwise provided. 33 b. A serious misdemeanor if the elder abuse assault causes 34 bodily injury or mental illness. 35 -23- LSB 5237SV (2) 85 pf/nh 23/ 60
S.F. 2239 c. An aggravated misdemeanor if the elder abuse assault is 1 committed with the intent to inflict a serious injury upon an 2 older individual or if the person uses or displays a dangerous 3 weapon in connection with the assault. This paragraph does not 4 apply if section 708.6 or 708.8 applies. 5 d. An aggravated misdemeanor if the elder abuse assault 6 is committed by knowingly impeding the normal breathing or 7 circulation of the blood of an older individual by applying 8 pressure to the throat or neck of the older individual or by 9 obstructing the nose or mouth of the older individual. 10 3. Except as otherwise provided in subsection 2, on a second 11 offense of elder abuse assault, a person commits: 12 a. A serious misdemeanor if the first offense was classified 13 as a simple misdemeanor and the second offense would otherwise 14 be classified as a simple misdemeanor. 15 b. An aggravated misdemeanor if the first offense was 16 classified as a simple or aggravated misdemeanor, and the 17 second offense would otherwise be classified as a serious 18 misdemeanor, or the first offense was classified as a serious 19 or aggravated misdemeanor, and the second offense would 20 otherwise be classified as a simple or serious misdemeanor. 21 4. On a third or subsequent offense of elder abuse assault, 22 a person commits a class “D” felony. 23 5. For an elder abuse assault committed by knowingly 24 impeding the normal breathing or circulation of the blood of an 25 older individual by applying pressure to the throat or neck of 26 the older individual or by obstructing the nose or mouth of the 27 older individual, and causing bodily injury, the person commits 28 a class “D” felony. 29 6. a. A conviction for, deferred judgment for, or plea of 30 guilty to, a violation of this section which occurred more than 31 twelve years prior to the date of the violation charged shall 32 not be considered in determining that the violation charged is 33 a second or subsequent offense. 34 b. For the purpose of determining if a violation charged 35 -24- LSB 5237SV (2) 85 pf/nh 24/ 60
S.F. 2239 is a second or subsequent offense, deferred judgments issued 1 pursuant to section 907.3 for violations of section 708.2 2 or this section, which were issued on elder abuse assaults, 3 and convictions or the equivalent of deferred judgments for 4 violations in any other states under statutes substantially 5 corresponding to this section shall be counted as previous 6 offenses. The courts shall judicially notice the statutes of 7 other states which define offenses substantially equivalent 8 to the offenses defined in this section and can therefore be 9 considered corresponding statutes. Each previous violation on 10 which conviction or deferral of judgment was entered prior to 11 the date of the offense charged shall be considered and counted 12 as a separate previous offense. 13 c. An offense shall be considered a prior offense regardless 14 of whether it was committed upon the same victim. 15 7. a. A person convicted of violating subsection 2 or 3 16 shall serve a minimum term of two days of the sentence imposed 17 by law, and shall not be eligible for suspension of the minimum 18 sentence. The minimum term shall be served on consecutive 19 days. The court shall not impose a fine in lieu of the minimum 20 sentence, although a fine may be imposed in addition to the 21 minimum sentence. This section does not prohibit the court 22 from sentencing and the person from serving the maximum term of 23 confinement or from paying the maximum fine permitted pursuant 24 to chapters 902 and 903, and does not prohibit the court from 25 entering a deferred judgment or sentence pursuant to section 26 907.3, if the person has not previously received a deferred 27 sentence or judgment for a violation of section 708.2 or this 28 section which was issued on an elder abuse assault. 29 b. A person convicted of violating subsection 4 shall 30 be sentenced as provided under section 902.9, subsection 1, 31 paragraph “e” , and shall be denied parole or work release until 32 the person has served a minimum of one year of the person’s 33 sentence. Notwithstanding section 901.5, subsections 1, 3, and 34 5, and section 907.3, the person cannot receive a suspended or 35 -25- LSB 5237SV (2) 85 pf/nh 25/ 60
S.F. 2239 deferred sentence or a deferred judgment; however, the person 1 sentenced shall receive credit for any time the person was 2 confined in a jail or detention facility following arrest. 3 8. If a person is convicted for, receives a deferred 4 judgment for, or pleads guilty to a violation of this section, 5 the court shall modify the no-contact order issued upon initial 6 appearance in the manner provided in section 664A.5, regardless 7 of whether the person is placed on probation. 8 9. The clerk of the district court shall provide notice 9 and copies of a judgment entered under this section to the 10 applicable law enforcement agencies and the twenty-four-hour 11 dispatcher for the law enforcement agencies, in the manner 12 provided for protective orders under section 231G.8. The 13 clerk shall provide notice and copies of modifications of the 14 judgment in the same manner. 15 Sec. 22. NEW SECTION . 714.2A Theft against an older 16 individual. 17 1. If a person commits theft and the violation is committed 18 against an individual who was an older individual at the 19 time the theft was committed, notwithstanding the penalties 20 specified in section 714.2, all of the following shall apply: 21 a. If a person commits theft in the first degree pursuant to 22 section 714.2, subsection 1, the person is guilty of a class 23 “B” felony. 24 b. If a person commits theft in the second degree pursuant 25 to section 714.2, subsection 2, the person is guilty of a class 26 “C” felony. 27 c. If a person commits theft in the third degree pursuant to 28 section 714.2, subsection 3, the person is guilty of a class 29 “D” felony. 30 d. If a person commits theft in the fourth degree pursuant 31 to section 714.2, subsection 4, the person is guilty of an 32 aggravated misdemeanor. 33 e. If a person commits theft in the fifth degree pursuant to 34 section 714.2, subsection 5, the person is guilty of a serious 35 -26- LSB 5237SV (2) 85 pf/nh 26/ 60
S.F. 2239 misdemeanor. 1 2. In determining whether to impose the penalties under 2 subsection 1 , the court shall consider the following: 3 a. Whether the defendant’s conduct was in willful disregard 4 of the rights of the older individual. 5 b. Whether the defendant knew or should have known that the 6 defendant’s conduct was directed to an older individual. 7 c. Whether the older individual was substantially more 8 vulnerable to the defendant’s conduct because of age, poor 9 health, infirmity, impaired understanding, restricted mobility, 10 or disability, than other persons. 11 d. Any other factors the court deems appropriate. 12 3. For the purposes of this section, “older individual” 13 means older individual as defined in section 231G.1. 14 Sec. 23. NEW SECTION . 726.24 Elder abuse —— initiation of 15 charges —— penalty. 16 1. A charge of elder abuse may be initiated by the office of 17 the attorney general, a county attorney, or a law enforcement 18 agency. 19 2. A person who intentionally commits elder abuse is guilty 20 of a class “C” felony if the intentional elder abuse results 21 in serious injury. 22 3. A person who recklessly commits elder abuse is guilty 23 of a class “D” felony if the reckless elder abuse results in 24 serious injury. 25 4. A person who intentionally commits elder abuse is guilty 26 of a class “C” felony if the intentional elder abuse results 27 in physical injury. 28 5. A person who recklessly commits elder abuse is guilty of 29 an aggravated misdemeanor if the reckless elder abuse results 30 in physical injury. 31 6. A person who otherwise intentionally or knowingly 32 commits elder abuse is guilty of a serious misdemeanor. 33 7. A person alleged to have committed a violation under 34 this section shall be charged with the respective offense 35 -27- LSB 5237SV (2) 85 pf/nh 27/ 60
S.F. 2239 cited, unless a charge may be brought based upon a more serious 1 offense, in which case the charge of the more serious offense 2 shall supersede the less serious charge. 3 8. It does not constitute a defense to a prosecution for any 4 violation under this section that the alleged perpetrator did 5 not know the age of the victim. 6 9. In a criminal action in which an older individual is 7 a victim, the state may move the court to advance the trial 8 on the docket. The presiding judge, after consideration of 9 the age and health of the victim, may advance the trial on 10 the docket. The motion may be filed and served with the 11 information or charges or at any time. 12 10. If a person is convicted or receives a deferred judgment 13 for, or pleads guilty to a violation of this section, the 14 court shall modify the no-contact order issued upon initial 15 appearance in the manner provided in section 664A.5, regardless 16 of whether the person is placed on probation. 17 11. The clerk of the district court shall provide notice 18 and copies of a judgment entered under this section to the 19 applicable law enforcement agencies and the twenty-four-hour 20 dispatcher for the law enforcement agencies, in the manner 21 provided for protective orders under section 231G.8. The 22 clerk shall provide notice and copies of modifications of the 23 judgment in the same manner. 24 12. For the purposes of this section: 25 a. “Elder abuse” and “older individual” mean the same as 26 defined in section 231G.1. 27 b. “Serious injury” means the same as defined in section 28 702.18. 29 Sec. 24. NEW SECTION . 726.25 Financial exploitation of an 30 older individual. 31 1. A person commits financial exploitation of an older 32 individual when the person stands in a position of trust or 33 confidence with the older individual and knowingly and by undue 34 influence, deception, coercion, fraud, breach of fiduciary 35 -28- LSB 5237SV (2) 85 pf/nh 28/ 60
S.F. 2239 duty, or extortion, obtains control over or otherwise uses the 1 benefits, property, resources, belongings, or assets of the 2 older individual. 3 2. A person who commits financial exploitation of an older 4 individual is guilty of the following, as applicable: 5 a. A serious misdemeanor if the value of the benefits, 6 property, resources, belongings, or assets is one hundred 7 dollars or less. 8 b. An aggravated misdemeanor if the value of the benefits, 9 property, resources, belongings, or assets exceeds one hundred 10 dollars but does not exceed one thousand dollars. 11 c. A class “D” felony if the value of the benefits, 12 property, resources, belongings, or assets exceeds one thousand 13 dollars but does not exceed ten thousand dollars. 14 d. A class “C” felony if the value of the benefits, 15 property, resources, belongings, or assets exceeds ten thousand 16 dollars but does not exceed fifty thousand dollars. 17 e. A class “B” felony if the value of the benefits, 18 property, resources, belongings, or assets exceeds fifty 19 thousand dollars, or if the older individual is seventy years 20 of age to eighty years of age and the value of the benefits, 21 property, resources, belongings, or assets is fifteen thousand 22 dollars or more, or if the older individual is eighty years 23 of age or older and the value of the benefits, property, 24 resources, belongings, or assets is five thousand dollars or 25 more. 26 3. Nothing in this section shall be construed to limit other 27 remedies available to the older individual including those 28 provided under chapters 231G and 236. 29 4. A person alleged to have committed a violation under 30 this section shall be charged with the respective offense 31 cited, unless a charge may be brought based upon a more serious 32 offense, in which case the charge of the more serious offense 33 shall supersede the less serious charge. 34 5. Nothing in this section shall be construed to impose 35 -29- LSB 5237SV (2) 85 pf/nh 29/ 60
S.F. 2239 criminal liability on a person who has made a good-faith effort 1 to assist an older individual in the management of the older 2 individual’s benefits, property, resources, belongings, or 3 assets, but through no fault of the person, the person has been 4 unable to provide such assistance. 5 6. It shall not be a defense to financial exploitation of 6 an older individual that the alleged perpetrator did not know 7 the age of the older individual or reasonably believed that the 8 alleged victim was not an older individual. 9 7. For the purposes of this section: 10 a. “Caregiver” means the same as defined in section 231G.1. 11 b. “Coercion” means communication or conduct which compels 12 an older individual to act or refrain from acting against the 13 older individual’s will. 14 c. “Fiduciary” means the same as defined in section 231G.1. 15 d. “Older individual” means the same as defined in section 16 231G.1. 17 e. “Stands in a position of trust or confidence” means the 18 person has any of the following relationships relative to the 19 older individual: 20 (1) Is a parent, spouse, adult child, or other relative by 21 consanguinity or affinity of the older individual. 22 (2) Is a joint tenant or tenant in common with the older 23 individual. 24 (3) Has a legal or fiduciary relationship with the older 25 individual. 26 (4) Is a financial planning or investment professional 27 providing or offering to provide financial planning or 28 investment advice to the older individual. 29 (5) Is a beneficiary of the older individual in a governing 30 instrument. 31 (6) Is a caregiver for the older individual. 32 (7) Is a person who is in a confidential relationship with 33 the older individual. The determination of the existence of a 34 confidential relationship is an issue of fact to be determined 35 -30- LSB 5237SV (2) 85 pf/nh 30/ 60
S.F. 2239 by the court based upon the totality of the circumstances. 1 f. “Undue influence” means the same as defined in section 2 231G.1. 3 Sec. 25. NEW SECTION . 726.26 Dependent adult abuse —— 4 initiation of charges —— penalty. 5 1. A charge of dependent adult abuse may be initiated by 6 the office of the attorney general, a county attorney, or a law 7 enforcement agency. 8 2. A caretaker who intentionally commits dependent adult 9 abuse is guilty of a class “C” felony if the intentional 10 dependent adult abuse results in serious injury. 11 3. A caretaker who recklessly commits dependent adult abuse 12 is guilty of a class “D” felony if the reckless dependent adult 13 abuse results in serious injury. 14 4. A caretaker who intentionally commits dependent adult 15 abuse is guilty of a class “C” felony if the intentional 16 dependent adult abuse results in physical injury. 17 5. A caretaker who commits dependent adult abuse by 18 exploitation of a dependent adult is guilty of a class “D” 19 felony if the value of the property, assets, or resources 20 exceeds one hundred dollars. 21 6. A caretaker who recklessly commits dependent adult 22 abuse is guilty of an aggravated misdemeanor if the reckless 23 dependent adult abuse results in physical injury. 24 7. A caretaker who otherwise intentionally or knowingly 25 commits dependent adult abuse is guilty of a serious 26 misdemeanor. 27 8. A caretaker who commits dependent adult abuse by 28 exploitation of a dependent adult is guilty of a simple 29 misdemeanor if the value of the property, assets, or resources 30 is one hundred dollars or less. 31 9. A caretaker alleged to have committed dependent adult 32 abuse shall be charged with the respective offense cited, 33 unless a charge may be brought based upon a more serious 34 offense, in which case the charge of the more serious offense 35 -31- LSB 5237SV (2) 85 pf/nh 31/ 60
S.F. 2239 shall supersede the less serious charge. 1 10. For the purposes of this section, “caretaker” , 2 “dependent adult” , “dependent adult abuse” , “exploitation” , 3 “recklessly” , and “serious injury” mean the same as defined or 4 described in section 235B.2. 5 Sec. 26. Section 714.16A, Code 2014, is amended to read as 6 follows: 7 714.16A Additional civil penalty for consumer frauds 8 committed against elderly older individual —— fund established. 9 1. a. If a person violates section 714.16 , and the 10 violation is committed against an older person individual , 11 in an action brought by the attorney general, in addition to 12 any other civil penalty, the court may impose an additional 13 civil penalty not to exceed five thousand dollars for each 14 such violation. Additionally, the attorney general may 15 accept a civil penalty as determined by the attorney general 16 in settlement of an investigation of a violation of section 17 714.16 , regardless of whether an action has been filed pursuant 18 to section 714.16 . 19 b. A civil penalty imposed by a court or determined and 20 accepted by the attorney general pursuant to this section shall 21 be paid to the treasurer of state, who shall deposit the money 22 in the elderly older individual victim fund, a separate fund 23 created in the state treasury and administered by the attorney 24 general for the investigation and prosecution of frauds against 25 the elderly older individuals . Notwithstanding section 8.33 , 26 any balance in the fund on June 30 of any fiscal year shall 27 not revert to the general fund of the state. An award of 28 reimbursement pursuant to section 714.16 has priority over a 29 civil penalty imposed by the court pursuant to this subsection . 30 2. In determining whether to impose a civil penalty under 31 subsection 1 , and the amount of any such penalty, the court 32 shall consider the following: 33 a. Whether the defendant’s conduct was in willful disregard 34 of the rights of the older person individual . 35 -32- LSB 5237SV (2) 85 pf/nh 32/ 60
S.F. 2239 b. Whether the defendant knew or should have known that the 1 defendant’s conduct was directed to an older person individual . 2 c. Whether the older person individual was substantially 3 more vulnerable to the defendant’s conduct because of age, poor 4 health, infirmity, impaired understanding, restricted mobility, 5 or disability, than other persons. 6 d. Any other factors the court deems appropriate. 7 3. As used in this section , “older person” individual” means 8 a person who is sixty-five years of age or older the same as 9 defined in section 231G.1 . 10 Sec. 27. REPEAL. Section 235B.20, Code 2014, is repealed. 11 Sec. 28. CODE EDITOR DIRECTIVES. The Code editor shall do 12 all of the following: 13 1. Create a new subchapter in chapter 726, entitled 14 “Resident, Dependent Adult, and Older Individual Protection” 15 that includes sections 726.24, 726.25, and 726.26, as enacted 16 in this Act. 17 2. a. Transfer sections 726.7 and 726.8, Code 2014, to 18 the new subchapter and renumber the transferred sections as 19 follows: 20 (1) Section 726.7 as section 726.27. 21 (2) Section 726.8 as section 726.28. 22 b. Correct internal references as necessary. 23 3. Revise the title of chapter 726 to read “Protections 24 for the family, dependent persons, residents of health care 25 facilities, and older individuals”. 26 DIVISION III 27 ADDITIONAL PROVISIONS —— OLDER INDIVIDUALS 28 Sec. 29. Section 135.11, subsection 24, Code 2014, is 29 amended to read as follows: 30 24. Review and approve mandatory reporter training 31 curricula for those persons who work in a position 32 classification that under law makes the persons mandatory 33 reporters of child or dependent adult abuse and the position 34 classification does not have a mandatory reporter training 35 -33- LSB 5237SV (2) 85 pf/nh 33/ 60
S.F. 2239 curriculum approved by a licensing or examining board. The 1 department shall collaborate with the department on aging 2 in approving a curriculum to satisfy the combined training 3 requirements pursuant to section 235B.16, subsection 5. 4 Sec. 30. Section 231.23, Code 2014, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 14. Develop and maintain, in consultation 7 with the department of human services and the department of 8 inspections and appeals, a dependent adult abuse mandatory 9 reporter training curriculum for those persons who work in 10 a position classification that under law makes the persons 11 mandatory reporters of dependent adult abuse and the position 12 classification does not have a mandatory reporter training 13 curriculum approved by a licensing or examining board. The 14 curriculum shall provide information regarding available 15 resources, referral and support services, and intervention 16 options including those pursuant to chapters 231G, 235B, and 17 235E. The department shall collaborate with the department of 18 human services and the department of public health in approving 19 a curriculum to satisfy the combined training requirements 20 pursuant to section 235B.16, subsection 5. 21 NEW SUBSECTION . 15. Certify trainers to provide the 22 dependent adult abuse mandatory reporter training curriculum 23 developed and maintained by the department. A trainer shall 24 not utilize the department’s curriculum unless the trainer has 25 been certified by completing the department’s required training 26 program. The department’s training program shall include but 27 is not limited to information on laws, rules, and regulations 28 relating to dependent adults and available resources, referral 29 and support services, and intervention options including those 30 available pursuant to chapters 231G, 235B, and 235E. The 31 department shall adopt rules relating to trainer certification 32 including but not limited to issuance, renewal, and revocation 33 of certification. 34 Sec. 31. Section 235B.6, subsection 2, paragraph e, 35 -34- LSB 5237SV (2) 85 pf/nh 34/ 60
S.F. 2239 subparagraph (5), Code 2014, is amended to read as follows: 1 (5) The office of the attorney for the department who is 2 responsible for representing the department general . 3 Sec. 32. Section 235B.6, subsection 3, Code 2014, is amended 4 to read as follows: 5 3. Access to unfounded dependent adult abuse information is 6 authorized only to those persons identified in subsection 2 , 7 paragraph “a” , paragraph “b” , subparagraphs (2), (5), and (6), 8 and paragraph “e” , subparagraphs (2) , (5), and (10). 9 Sec. 33. Section 235B.16, subsections 1, 2, and 3, Code 10 2014, are amended to read as follows: 11 1. The department on aging, in cooperation with the 12 department, shall conduct a public information and education 13 program. The elements and goals of the program include but are 14 not limited to: 15 a. Informing the public regarding the laws governing 16 dependent adult abuse and elder abuse, the reporting 17 requirements for dependent adult abuse , and the resource and 18 referral options available under this chapter and chapters 231G 19 and 235E . 20 b. Providing caretakers with information regarding services 21 to alleviate the emotional, psychological, physical, or 22 financial stress associated with the caretaker and dependent 23 adult relationship. 24 c. Affecting public attitudes regarding the role of a 25 dependent adult adults and older individuals in society. 26 2. The department on aging , in cooperation with the 27 department on aging of human services and the department of 28 inspections and appeals, shall institute a program of education 29 and training for persons, including members of provider groups 30 and family members, who may come in contact with encounter 31 dependent adult abuse or elder abuse . The program shall 32 include but is not limited to instruction regarding recognition 33 of dependent adult abuse and elder abuse and the procedure for 34 the reporting of suspected abuse. 35 -35- LSB 5237SV (2) 85 pf/nh 35/ 60
S.F. 2239 3. The content of the continuing education required 1 pursuant to chapter 272C for a licensed professional providing 2 care or service to a dependent adult shall include, but is 3 not limited to, the responsibilities, obligations, powers, 4 and duties of a person regarding the reporting of suspected 5 dependent adult abuse, and training to aid the professional 6 in identifying instances of dependent adult abuse , and the 7 resource and referral options available under this chapter and 8 chapters 231G and 235E to address dependent adult abuse and 9 elder abuse . 10 Sec. 34. Section 235B.16, subsection 5, paragraphs d and e, 11 Code 2014, are amended to read as follows: 12 d. The person may complete the initial or additional 13 training requirements as a part of any of the following that 14 are applicable to the person: 15 (1) A continuing education program required under chapter 16 272C and approved by the appropriate licensing board. 17 (2) A training program using a the curriculum approved by 18 the director of public health department on aging pursuant to 19 section 135.11 231.23 . 20 (3) A training program using such an approved the curriculum 21 approved by the department on aging pursuant to section 231.23 22 and offered by the department of human services, the department 23 on aging, the department of inspections and appeals, the Iowa 24 law enforcement academy, or a similar public agency. 25 e. A person required to complete both child abuse and 26 dependent adult abuse mandatory reporter training may complete 27 the training through a program which combines child abuse and 28 dependent adult abuse curricula and thereby meet the training 29 requirements of both this subsection and section 232.69 30 simultaneously. A person who is a mandatory reporter for both 31 child abuse and dependent adult abuse may satisfy the combined 32 training requirements of this subsection and section 232.69 33 through completion of a two-hour four-hour training program, 34 if the training program curriculum provides equal coverage of 35 -36- LSB 5237SV (2) 85 pf/nh 36/ 60
S.F. 2239 both child and dependent adult abuse and is approved by the 1 appropriate licensing board or collaboratively by the director 2 of public health pursuant to section 135.11 and the department 3 on aging pursuant to section 231.23, as applicable . 4 Sec. 35. Section 235B.16, Code 2014, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 7. For the purposes of this section, 7 “elder abuse” and “older individual” mean the same as defined 8 in section 231G.1. 9 DIVISION IV 10 CONFORMING CHANGES 11 Sec. 36. Section 13.2, subsection 1, Code 2014, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . o. Develop written procedures and policies 14 to be followed by prosecuting attorneys in the prosecution 15 of elder abuse, elder abuse assault, theft against an older 16 individual, consumer frauds committed against an older 17 individual, and financial exploitation of an older individual 18 under chapter 231G and sections 708.2D, 714.2A, 714.16A, 19 726.24, and 726.25. 20 Sec. 37. Section 13.31, subsection 3, Code 2014, is amended 21 to read as follows: 22 3. Administer the domestic abuse program provided in 23 chapter 236 and elder abuse actions commenced under chapter 24 231G . 25 Sec. 38. Section 135B.7, Code 2014, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 5. The department shall also adopt rules 28 requiring hospitals to establish and implement protocols for 29 responding to the needs of patients who are victims of elder 30 abuse, as defined in section 231G.1. 31 Sec. 39. Section 231.23, Code 2014, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 14. Collaborate with the department of 34 public health to develop protocols, functions, timing, roles, 35 -37- LSB 5237SV (2) 85 pf/nh 37/ 60
S.F. 2239 and responsibilities relating to the suspicious deaths of older 1 individuals review team created in chapter 135, division XXXI. 2 Sec. 40. Section 231.64, subsection 1, Code 2014, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . d. The primary point of entry for the elder 5 abuse resource and referral program created in chapter 231G. 6 Sec. 41. Section 232.8, subsection 1, Code 2014, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . e. The juvenile court shall have 9 jurisdiction in proceedings commenced against a child pursuant 10 to section 231G.3 over which the district court has waived its 11 jurisdiction. The juvenile court shall hear the action in the 12 manner of an adjudicatory hearing under section 232.47, subject 13 to the following: 14 (1) The juvenile court shall abide by the provisions of 15 sections 231G.7 and 231G.9 in holding hearings and making a 16 disposition. 17 (2) The plaintiff is entitled to proceed pro se under 18 sections 231G.4 and 231G.5. 19 Sec. 42. Section 232.22, subsection 1, Code 2014, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . h. There is probable cause to believe 22 that the child has committed a delinquent act which would be 23 elder abuse under chapter 231G or an elder abuse assault under 24 section 708.2D if committed by an adult. 25 Sec. 43. Section 232.52, subsection 2, Code 2014, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . i. In the case of a child adjudicated 28 delinquent for an act which would be a violation of chapter 29 231G or section 708.2D if committed by an adult, an order 30 requiring the child to attend a batterers’ treatment program 31 under section 708.2B. 32 Sec. 44. Section 331.424, subsection 1, paragraph a, 33 subparagraph (6), Code 2014, is amended to read as follows: 34 (6) The maintenance and operation of the courts, including 35 -38- LSB 5237SV (2) 85 pf/nh 38/ 60
S.F. 2239 but not limited to the salary and expenses of the clerk of the 1 district court and other employees of the clerk’s office, and 2 bailiffs, court costs if the prosecution fails or if the costs 3 cannot be collected from the person liable, costs and expenses 4 of prosecution under section 189A.17 , salaries and expenses 5 of juvenile court officers under chapter 602 , court-ordered 6 costs in domestic abuse cases under section 236.5 and elder 7 abuse cases under section 231G.8 , the county’s expense 8 for confinement of prisoners under chapter 356A , temporary 9 assistance to the county attorney, county contributions to a 10 retirement system for bailiffs, reimbursement for judicial 11 magistrates under section 602.6501 , claims filed under section 12 622.93 , interpreters’ fees under section 622B.7 , uniform 13 citation and complaint supplies under section 805.6 , and costs 14 of prosecution under section 815.13 . 15 Sec. 45. Section 507B.4, subsection 3, paragraph g, Code 16 2014, is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (4) Making or permitting any 18 discrimination in the sale of insurance solely on the basis of 19 elder abuse as defined in section 231G.1. 20 Sec. 46. Section 562A.27A, subsection 3, paragraph a, 21 subparagraph (1), Code 2014, is amended to read as follows: 22 (1) The tenant seeks a protective order, restraining 23 order, order to vacate the homestead, or other similar relief 24 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 25 applicable provision which would apply to the person conducting 26 the activities causing the clear and present danger. 27 Sec. 47. Section 562B.25A, subsection 3, paragraph a, 28 subparagraph (1), Code 2014, is amended to read as follows: 29 (1) The tenant seeks a protective order, restraining 30 order, order to vacate the homestead, or other similar relief 31 pursuant to chapter 231G, 236 , 598 , 664A , or 915 , or any other 32 applicable provision which would apply to the person conducting 33 the activities causing the clear and present danger. 34 Sec. 48. Section 598.7, subsection 1, Code 2014, is amended 35 -39- LSB 5237SV (2) 85 pf/nh 39/ 60
S.F. 2239 to read as follows: 1 1. The district court may, on its own motion or on the 2 motion of any party, order the parties to participate in 3 mediation in any dissolution of marriage action or other 4 domestic relations action. Mediation performed under this 5 section shall comply with the provisions of chapter 679C . 6 The provisions of this section shall not apply if the action 7 involves a child support or medical support obligation enforced 8 by the child support recovery unit. The provisions of this 9 section shall not apply to actions which involve elder abuse 10 as defined in section 231G.1 or domestic abuse pursuant 11 to chapter 236 . The provisions of this section shall not 12 affect a judicial district’s or court’s authority to order 13 settlement conferences pursuant to rules of civil procedure. 14 The court shall, on application of a party, grant a waiver 15 from any court-ordered mediation under this section if the 16 party demonstrates that a history of domestic abuse exists as 17 specified in section 598.41, subsection 3 , paragraph “j” . 18 Sec. 49. Section 598.16, subsection 7, Code 2014, is amended 19 to read as follows: 20 7. Upon application, the court shall grant a waiver from 21 the requirements of this section if a party demonstrates that 22 a history of elder abuse, as defined in section 231G.1, or 23 domestic abuse, as defined in section 236.2 , exists. 24 a. In determining whether a history of elder abuse exists, 25 the court’s consideration shall include but is not limited 26 to commencement of an action pursuant to section 231G.3, the 27 issuance of a court order or consent agreement pursuant to 28 section 231G.8, the issuance of an emergency order pursuant to 29 section 231G.9, the holding of a party in contempt pursuant to 30 section 664A.7, the response of a peace officer to the scene 31 of alleged elder abuse, or the arrest of a party following 32 response to a report of alleged elder abuse, or a conviction 33 for elder abuse assault pursuant to section 708.2D. 34 b. In determining whether a history of domestic abuse 35 -40- LSB 5237SV (2) 85 pf/nh 40/ 60
S.F. 2239 exists, the court’s consideration shall include but is not 1 limited to commencement of an action pursuant to section 236.3 , 2 the issuance of a protective order against a party or the 3 issuance of a court order or consent agreement pursuant to 4 section 236.5 , the issuance of an emergency order pursuant to 5 section 236.6 , the holding of a party in contempt pursuant to 6 section 664A.7 , the response of a peace officer to the scene 7 of alleged domestic abuse or the arrest of a party following 8 response to a report of alleged domestic abuse, or a conviction 9 for domestic abuse assault pursuant to section 708.2A . 10 Sec. 50. Section 598.41, subsection 3, paragraph j, Code 11 2014, is amended to read as follows: 12 j. Whether a history of elder abuse, as defined in section 13 231G.1 or domestic abuse, as defined in section 236.2 , exists. 14 (1) In determining whether a history of elder abuse exists, 15 the court’s consideration shall include but is not limited 16 to commencement of an action pursuant to section 231G.3, the 17 issuance of a court order or consent agreement pursuant to 18 section 231G.8, the issuance of an emergency order pursuant to 19 section 231G.9, the holding of a party in contempt pursuant to 20 section 664A.7, the response of a peace officer to the scene of 21 alleged elder abuse or the arrest of a party following response 22 to a report of alleged elder abuse, or a conviction for elder 23 abuse assault pursuant to section 708.2D. 24 (2) In determining whether a history of domestic abuse 25 exists, the court’s consideration shall include but is not 26 limited to commencement of an action pursuant to section 236.3 , 27 the issuance of a protective order against the parent or the 28 issuance of a court order or consent agreement pursuant to 29 section 236.5 , the issuance of an emergency order pursuant to 30 section 236.6 , the holding of a parent in contempt pursuant to 31 section 664A.7 , the response of a peace officer to the scene 32 of alleged domestic abuse or the arrest of a parent following 33 response to a report of alleged domestic abuse, or a conviction 34 for domestic abuse assault pursuant to section 708.2A . 35 -41- LSB 5237SV (2) 85 pf/nh 41/ 60
S.F. 2239 Sec. 51. Section 598.41D, subsection 4, paragraph b, 1 subparagraph (2), Code 2014, is amended to read as follows: 2 (2) That the specified family member does not have a history 3 of elder abuse, as defined in section 231G.1 or domestic abuse, 4 as defined in section 236.2 . 5 (a) In determining whether a history of elder abuse exists, 6 the court’s consideration shall include but is not limited 7 to commencement of an action pursuant to section 231G.3, the 8 issuance of a court order or consent agreement pursuant to 9 section 231G.8, the issuance of an emergency order pursuant to 10 section 231G.9, the holding of a party in contempt pursuant to 11 section 664A.7, the response of a peace officer to the scene of 12 alleged elder abuse or the arrest of a party following response 13 to a report of alleged elder abuse, or a conviction for elder 14 abuse assault pursuant to section 708.2D. 15 (b) In determining whether a history of domestic abuse 16 exists, the court’s consideration shall include but is not 17 limited to commencement of an action pursuant to section 236.3 , 18 the issuance of a protective order against the individual or 19 the issuance of a court order or consent agreement pursuant 20 to section 236.5 , the issuance of an emergency order pursuant 21 to section 236.6 , the holding of an individual in contempt 22 pursuant to section 664A.7 , the response of a peace officer 23 to the scene of alleged domestic abuse or the arrest of an 24 individual following response to a report of alleged domestic 25 abuse, or a conviction for domestic abuse assault pursuant to 26 section 708.2A . 27 Sec. 52. Section 598.42, Code 2014, is amended to read as 28 follows: 29 598.42 Notice of certain orders by clerk of court. 30 The clerk of the district court shall provide notice and 31 copies of temporary or permanent protective orders and orders 32 to vacate the homestead entered pursuant to this chapter to 33 the applicable law enforcement agencies and the twenty-four 34 hour dispatcher for the law enforcement agencies, in the manner 35 -42- LSB 5237SV (2) 85 pf/nh 42/ 60
S.F. 2239 provided for protective orders under section 231G.8 or 236.5 . 1 The clerk shall provide notice and copies of modifications or 2 vacations of these orders in the same manner. 3 Sec. 53. Section 602.6306, subsection 2, Code 2014, is 4 amended to read as follows: 5 2. District associate judges also have jurisdiction 6 in civil actions for money judgment where the amount in 7 controversy does not exceed ten thousand dollars; jurisdiction 8 over involuntary commitment, treatment, or hospitalization 9 proceedings under chapters 125 and 229 ; jurisdiction of 10 indictable misdemeanors, class “D” felony violations, and 11 other felony arraignments; jurisdiction to enter a temporary 12 or emergency order of protection under chapter 231G or 236 , 13 and to make court appointments and set hearings in criminal 14 matters; jurisdiction to enter orders in probate which do not 15 require notice and hearing and to set hearings in actions under 16 chapter 633 or 633A ; and the jurisdiction provided in section 17 602.7101 when designated as a judge of the juvenile court. 18 While presiding in these subject matters a district associate 19 judge shall employ district judges’ practice and procedure. 20 Sec. 54. Section 611.23, Code 2014, is amended to read as 21 follows: 22 611.23 Civil actions involving allegations of elder abuse, 23 sexual abuse , or domestic abuse —— counseling. 24 In a civil case in which a plaintiff is seeking relief or 25 damages for alleged elder abuse as defined in section 231G.1, 26 sexual abuse as defined in section 709.1 , or domestic abuse 27 as defined in section 236.2 , the plaintiff may seek, and the 28 court may grant, an order requiring the defendant to receive 29 professional counseling, in addition to any other appropriate 30 relief or damages. 31 Sec. 55. Section 664A.1, subsection 2, Code 2014, is amended 32 to read as follows: 33 2. “Protective order” means a protective order issued 34 pursuant to chapter 232 , a court order or court-approved 35 -43- LSB 5237SV (2) 85 pf/nh 43/ 60
S.F. 2239 consent agreement entered pursuant to this chapter or chapter 1 231G, including a valid foreign protective order under section 2 231G.19, a court order or court-approved consent agreement 3 entered pursuant to chapter 236 , including a valid foreign 4 protective order under section 236.19, subsection 3 , a 5 temporary or permanent protective order or order to vacate 6 the homestead under chapter 598 , or an order that establishes 7 conditions of release or is a protective order or sentencing 8 order in a criminal prosecution arising from a domestic abuse 9 assault under section 708.2A or elder abuse assault under 10 section 708.2D , or a civil injunction issued pursuant to 11 section 915.22 . 12 Sec. 56. Section 664A.2, Code 2014, is amended to read as 13 follows: 14 664A.2 Applicability. 15 1. This chapter applies to no-contact orders issued for 16 violations or alleged violations of sections 708.2A , 708.2D, 17 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public 18 offense for which there is a victim. 19 2. A protective order issued in a civil proceeding shall 20 be issued pursuant to chapter 231G, 232 , 236 , 598 , or 915 . 21 Punishment for a violation of a protective order shall be 22 imposed pursuant to section 664A.7 . 23 Sec. 57. Section 664A.3, subsection 1, unnumbered paragraph 24 1, Code 2014, is amended to read as follows: 25 When a person is taken into custody for contempt proceedings 26 pursuant to section 231G.13 or 236.11 , or arrested for any 27 public offense referred to in section 664A.2, subsection 1 , 28 and the person is brought before a magistrate for initial 29 appearance, the magistrate shall enter a no-contact order if 30 the magistrate finds both of the following: 31 Sec. 58. Section 664A.3, subsection 2, Code 2014, is amended 32 to read as follows: 33 2. Notwithstanding chapters 804 and 805 , a person taken 34 into custody pursuant to section 231G.13 or 236.11 , or arrested 35 -44- LSB 5237SV (2) 85 pf/nh 44/ 60
S.F. 2239 pursuant to section 231G.14 or 236.12 may be released on bail 1 or otherwise only after initial appearance before a magistrate 2 as provided in chapter 804 and the rules of criminal procedure 3 or section 231G.13 or 236.11 , whichever is applicable. 4 Sec. 59. Section 664A.4, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. The clerk of the district court shall provide a notice 7 and copy of the no-contact order to the appropriate law 8 enforcement agencies and the twenty-four-hour dispatcher for 9 the law enforcement agencies in the same manner as provided 10 in section 231G.8 or 236.5 , as applicable . The clerk of 11 the district court shall provide a notice and copy of a 12 modification or vacation of a no-contact order in the same 13 manner. 14 Sec. 60. Section 664A.5, Code 2014, is amended to read as 15 follows: 16 664A.5 Modification —— entry of permanent no-contact order. 17 If a defendant is convicted of, receives a deferred judgment 18 for, or pleads guilty to a public offense referred to in 19 section 664A.2, subsection 1 , or is held in contempt for a 20 violation of a no-contact order issued under section 664A.3 21 or for a violation of a protective order issued pursuant to 22 chapter 231G, 232 , 236 , 598 , or 915 , the court shall either 23 terminate or modify the temporary no-contact order issued 24 by the magistrate. The court may enter a no-contact order 25 or continue the no-contact order already in effect for a 26 period of five years from the date the judgment is entered or 27 the deferred judgment is granted, regardless of whether the 28 defendant is placed on probation. 29 Sec. 61. Section 664A.6, subsection 2, Code 2014, is amended 30 to read as follows: 31 2. a. If the peace officer is investigating a domestic 32 abuse assault pursuant to section 708.2A , the officer shall 33 also comply with sections 236.11 and 236.12 . 34 b. If the peace officer is investigating an elder abuse 35 -45- LSB 5237SV (2) 85 pf/nh 45/ 60
S.F. 2239 assault pursuant to section 708.2D, the officer shall also 1 comply with sections 231G.13 and 231G.14. 2 Sec. 62. Section 664A.7, subsections 1, 3, and 5, Code 2014, 3 are amended to read as follows: 4 1. Violation of a no-contact order issued under this 5 chapter or a protective order issued pursuant to chapter 231G, 6 232 , 236 , or 598 , including a modified no-contact order, is 7 punishable by summary contempt proceedings. 8 3. If convicted of or held in contempt for a violation 9 of a no-contact order or a modified no-contact order for a 10 public offense referred to in section 664A.2, subsection 1 , 11 or held in contempt of a no-contact order issued during a 12 contempt proceeding brought pursuant to section 231G.13 or 13 236.11 , the person shall be confined in the county jail for 14 a minimum of seven days. A jail sentence imposed pursuant 15 to this subsection shall be served on consecutive days. No 16 portion of the mandatory minimum term of confinement imposed 17 by this subsection shall be deferred or suspended. A deferred 18 judgment, deferred sentence, or suspended sentence shall not 19 be entered for a violation of a no-contact order, modified 20 no-contact order, or protective order and the court shall not 21 impose a fine in lieu of the minimum sentence, although a fine 22 may be imposed in addition to the minimum sentence. 23 5. Violation of a no-contact order entered for the offense 24 or alleged offense of domestic abuse assault in violation of 25 section 708.2A , the offense or alleged offense of elder abuse 26 assault in violation of section 708.2D, or a violation of a 27 protective order issued pursuant to chapter 231G, 232 , 236 , 28 598 , or 915 constitutes a public offense and is punishable as 29 a simple misdemeanor. Alternatively, the court may hold a 30 person in contempt of court for such a violation, as provided 31 in subsection 3 . 32 Sec. 63. Section 804.7, Code 2014, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 7. If the peace officer has reasonable 35 -46- LSB 5237SV (2) 85 pf/nh 46/ 60
S.F. 2239 grounds for believing that elder abuse, as defined in section 1 231G.1, has occurred and has reasonable grounds for believing 2 that the person to be arrested has committed it. 3 NEW SUBSECTION . 8. As required by section 231G.14, 4 subsection 2. 5 Sec. 64. Section 915.22, Code 2014, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 6. The clerk of the district court shall 8 provide notice and copies of restraining orders issued pursuant 9 to this section in a criminal case involving an alleged 10 violation of section 708.2D to the applicable law enforcement 11 agencies and the twenty-four-hour dispatcher for the law 12 enforcement agencies, in the manner provided for protective 13 orders under section 231G.8. The clerk shall provide notice 14 and copies of modifications or vacations of these orders in the 15 same manner. 16 Sec. 65. Section 915.23, subsection 1, Code 2014, is amended 17 to read as follows: 18 1. An employer shall not discharge an employee, or take 19 or fail to take action regarding an employee’s promotion or 20 proposed promotion, or take action to reduce an employee’s 21 wages or benefits for actual time worked, due to the service 22 of an employee as a witness in a criminal proceeding or as a 23 plaintiff, defendant, or witness in a civil proceeding pursuant 24 to chapter 231G or 236 . 25 Sec. 66. NEW SECTION . 915.50A General rights of elder abuse 26 victims. 27 In addition to other victim rights provided in this chapter, 28 victims of elder abuse shall have the following rights: 29 1. The right to file a pro se petition for relief from 30 elder abuse in the district court, pursuant to sections 231G.3 31 through 231G.12. 32 2. The right, pursuant to section 231G.14, for law 33 enforcement to remain on the scene, to assist the victim 34 in leaving the scene, to assist the victim in obtaining 35 -47- LSB 5237SV (2) 85 pf/nh 47/ 60
S.F. 2239 transportation to medical care, and to provide the person 1 with a written statement of victim rights and information 2 about emergency shelters, support services, and the aging and 3 disability resource center network. 4 3. The right to receive a criminal no-contact order upon a 5 finding of probable cause, pursuant to section 664A.3. 6 Sec. 67. Section 915.82, subsection 1, paragraph a, 7 subparagraph (8), Code 2014, is amended to read as follows: 8 (8) A person representing the elderly older individuals . 9 Sec. 68. Section 915.94, Code 2014, is amended to read as 10 follows: 11 915.94 Victim compensation fund. 12 A victim compensation fund is established as a separate fund 13 in the state treasury. Moneys deposited in the fund shall 14 be administered by the department and dedicated to and used 15 for the purposes of section 915.41 and this subchapter . In 16 addition, the department may use moneys from the fund for the 17 purpose of the department’s prosecutor-based victim service 18 coordination, including the duties defined in sections 910.3 19 and 910.6 and this chapter , and for the award of funds to 20 programs that provide services and support to victims of elder 21 abuse as provided in chapter 231G, domestic abuse or sexual 22 assault as provided in chapter 236 , to victims under section 23 710A.2 , and for the support of an automated victim notification 24 system established in section 915.10A . The department may also 25 use up to one hundred thousand dollars from the fund to provide 26 training for victim service providers. Notwithstanding section 27 8.33 , any balance in the fund on June 30 of any fiscal year 28 shall not revert to the general fund of the state. 29 Sec. 69. CODE EDITOR DIRECTIVE. The Code editor shall 30 revise the subchapter VI heading under chapter 915 to 31 read “Victims of domestic abuse, elder abuse, and human 32 trafficking”. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -48- LSB 5237SV (2) 85 pf/nh 48/ 60
S.F. 2239 the explanation’s substance by the members of the general assembly. 1 This bill relates to older individuals, including civil and 2 criminal protections. 3 The bill establishes provisions relating to elder abuse 4 which is the abuse, neglect, or financial exploitation of 5 an older individual. “Older individual” is defined as an 6 individual who is 60 years of age or older. 7 The bill directs the department on aging (IDA) to establish 8 an elder abuse resource and referral program. The purposes 9 of the program are to empower older individuals to maximize 10 their autonomy; to recognize the rights of older individuals 11 including the right to be free of abuse, neglect, and financial 12 exploitation; to increase the awareness of elder abuse and 13 provide options for older individuals at risk of elder abuse; 14 and to provide a mechanism to address prevention, detection, 15 and reporting of and intervention in cases of abuse, neglect, 16 and financial exploitation of older individuals. IDA is to 17 utilize the area agencies on aging to implement the program in 18 each designated planning and service area through a designated 19 elder rights specialist and a local network of partners 20 and stakeholders. The aging and disability resource center 21 network is the primary point of entry for individuals seeking 22 information and assistance regarding elder abuse. The program 23 includes a public education component to increase awareness 24 regarding elder abuse and the services provided through the 25 program and a component to provide for response to reports of 26 suspected elder abuse. IDA is authorized to adopt rules to 27 administer the program. 28 The bill provides for the commencement of actions by an older 29 individual, or the guardian, conservator, attorney in fact, 30 or guardian ad litem of an older individual, to seek relief 31 from elder abuse including the filing of a petition for a 32 protective order or temporary or emergency orders. The relief 33 provided under the bill is not available if the action involves 34 a guardian or conservator of the older individual and the 35 -49- LSB 5237SV (2) 85 pf/nh 49/ 60
S.F. 2239 relief sought is more appropriately obtained in a protective 1 proceeding filed under Code chapter 633 (probate code). The 2 bill provides for plaintiffs proceeding pro se; provides 3 authorization for assistance by the county attorney and the 4 appointment of a guardian ad litem for the older individual; 5 and provides the process for actions under the bill. Following 6 a finding of elder abuse, the bill specifies the disposition 7 the court may order, if requested by the plaintiff; that the 8 defendant under certain circumstances be required to move from 9 the residence of the older individual; that the defendant 10 provide suitable alternative housing for the older individual; 11 that a peace officer accompany the party who is leaving or 12 has left the party’s residence to remove essential personal 13 effects of the party; that the defendant be restrained from 14 abusing, intimidating, molesting, interfering with, or menacing 15 the older individual, or attempting to abuse, intimidate, 16 molest, interfere with, or menace the older individual; that 17 the defendant be restrained from entering or attempting to 18 enter on any premises when it appears to the court that such 19 restraint is necessary to prevent the defendant from abusing, 20 intimidating, molesting, interfering with, or menacing the 21 older individual; that the defendant be restrained from 22 exercising any powers on behalf of the older individual through 23 a court-appointed guardian, conservator, or guardian ad litem, 24 an attorney in fact, or another third party; that the defendant 25 be restrained from owning, possessing, purchasing, receiving, 26 or attempting to receive a firearm, offensive weapon, or 27 ammunition; and in addition to other specific relief, other 28 relief that the court considers necessary to provide for the 29 safety and welfare of the older individual. 30 If the court finds that the older individual has been the 31 victim of financial exploitation, the court may order the 32 relief the court considers necessary to prevent or remedy the 33 financial exploitation, including but not limited to directing 34 the defendant to refrain from exercising control over the 35 -50- LSB 5237SV (2) 85 pf/nh 50/ 60
S.F. 2239 benefits, property, resources, belongings, or assets of the 1 older individual; requiring the defendant to return custody 2 or control of the benefits, property, resources, belongings, 3 or assets to the older individual; requiring the defendant 4 to follow the instructions of the guardian, conservator, or 5 attorney in fact of the older individual; and prohibiting the 6 defendant from transferring the benefits, property, resources, 7 belongings, or assets of the older individual to any person 8 other than the older individual. The court is prohibited 9 from using an order to allow any person other than the older 10 individual to assume responsibility for the benefits, property, 11 resources, belongings, or assets of the older individual; 12 or to provide relief that is more appropriately obtained in 13 a protective proceeding filed under Code chapter 633. The 14 bill also provides for relief through approval of a consent 15 agreement but limits the content of such consent agreement. 16 An approved consent agreement cannot contain a provision 17 that prohibits any party to the action from contacting or 18 cooperating with any government agency, a licensing or 19 regulatory agency that has jurisdiction over any license or 20 certification held by the defendant, a protection and advocacy 21 agency, or the defendant’s current employer; prohibits any 22 party to the action from filing a complaint with or reporting 23 a violation of law to any government agency, a licensing or 24 regulatory agency that has jurisdiction over any license or 25 certification held by the defendant; a protection and advocacy 26 agency, or the defendant’s current employer; or a provision 27 that requires any party to the action to withdraw a complaint 28 filed with or a violation reported to any government agency, a 29 licensing or regulatory agency that has jurisdiction over any 30 license or certification held by the defendant, a protection 31 and advocacy agency, or the defendant’s current employer. 32 A protective order or approved consent agreement is limited 33 to a fixed period of time not to exceed one year. The court 34 may amend or extend its order or a consent agreement at any 35 -51- LSB 5237SV (2) 85 pf/nh 51/ 60
S.F. 2239 time upon a petition filed by either party and after notice and 1 hearing. The number of extensions that may be granted by the 2 court is not limited. An order or approved consent agreement 3 under this Code section shall not affect title to real 4 property. A copy of any order or approved consent agreement 5 must be issued to the plaintiff, the defendant, the county 6 sheriff of the county in which the order or consent decree is 7 initially entered, and the 24-hour dispatcher for the county 8 sheriff. Any subsequent amendment or revocation of an order 9 or consent agreement must be forwarded by the clerk to all 10 individuals previously notified. The bill directs that clerk 11 to notify the county sheriff and the 24-hour dispatcher for 12 the county sheriff in writing so that the county sheriff and 13 the county sheriff’s dispatcher receive written notice within 14 six hours of filing the order, approved consent agreement, 15 amendment, or revocation. The county sheriff’s dispatcher must 16 notify all law enforcement agencies having jurisdiction over 17 the matter and the 24-hour dispatcher for the law enforcement 18 agencies upon notification by the clerk. 19 The bill directs IDA to collect and maintain information 20 on incidents involving elder abuse, and to design and 21 implement a uniform method of collecting data on elder abuse 22 from entities involved in the prevention, detection, and 23 reporting of and intervention in cases of abuse, neglect, and 24 financial exploitation of older individuals. IDA is required 25 to compile statistics and issue reports on elder abuse in 26 Iowa, provided individual identifying details of the elder 27 abuse are deleted and to make the statistics and reports 28 electronically accessible to the public. IDA may request the 29 cooperation of the department of justice in compiling the 30 statistics and issuing the reports, and the department of 31 justice is to provide to IDA, without charge, all information 32 and documentation requested for this purpose. IDA may also 33 provide nonidentifying information on individual incidents of 34 elder abuse to persons conducting bona fide research, including 35 -52- LSB 5237SV (2) 85 pf/nh 52/ 60
S.F. 2239 but not limited to personnel of the department of justice. 1 The bill provides for the confidentiality of the address 2 of an individual filing the petition; specifies the duties of 3 peace officers and magistrates in enforcing orders and consent 4 agreements entered under the bill; and provides for assistance 5 provided by peace officers in preventing further elder abuse. 6 The assistance includes providing the older individual with a 7 statement of the older individual’s rights and the arrest of a 8 person based on probable cause of the commission of elder abuse 9 assault or financial exploitation of the older individual. 10 Under the bill, in a criminal action arising from elder 11 abuse, the prosecuting attorney or court shall not refer or 12 order the parties involved to mediation or other nonjudicial 13 procedures prior to judicial resolution of the action. 14 The bill provides for application by a public or private 15 nonprofit organization, upon receipt of federal or state funds 16 designated for victims of elder abuse, for grants to provide 17 emergency shelter services and support services to victims of 18 elder abuse. 19 The bill provides other civil and criminal relief for older 20 individuals. The bill establishes the crime of elder abuse 21 assault which is assault of an older individual. The bill 22 provides criminal penalties for elder abuse assault ranging 23 from a simple misdemeanor to a class “D” felony, provides 24 for the determination of whether a violation is a second or 25 subsequent offense, and provides for minimum sentencing. 26 The bill establishes the crime of theft against an older 27 individual which enhances the penalties for the existing crime 28 of theft by one degree based upon the victim being an older 29 individual in addition to certain other considerations. 30 The bill establishes criminal penalties for elder abuse 31 ranging from a serious misdemeanor to a class “C” felony. 32 The bill establishes the crime of financial exploitation of 33 an older individual. A person commits financial exploitation 34 of an older individual when the person stands in a position of 35 -53- LSB 5237SV (2) 85 pf/nh 53/ 60
S.F. 2239 trust or confidence with the older individual and knowingly 1 and by undue influence, deception, coercion, fraud, breach of 2 fiduciary duty, or extortion, obtains control over or otherwise 3 uses the benefits, property, resources, belongings, or assets 4 of the older individual. The criminal penalties range from a 5 serious misdemeanor to a class “B” felony based on the amount 6 of benefits, property, resources, belongings, or assets of the 7 older individual involved. 8 The bill relocates the criminal penalties for dependent 9 adult abuse as they currently exist from Code chapter 235B 10 (dependent adult abuse) to Code chapter 726 which relates to 11 protection of the family and dependent persons. 12 The bill changes the existing additional civil penalty for 13 consumer frauds committed against elders (those 65 years of age 14 or older) to apply to older individuals, those 60 years of age 15 and older, consistent with other provisions relating to older 16 individuals under the bill. 17 With regard to the curriculum for mandatory reporters of 18 dependent adult abuse, the bill provides that the department 19 of public health is to review and approve the curriculum for 20 mandatory reporters of child abuse and is to work with IDA 21 to approve a curriculum to satisfy the combined training 22 requirement for child and dependent adult abuse. IDA is 23 directed to develop and maintain, in consultation with 24 the department of human services and the department of 25 inspections and appeals, a dependent adult abuse mandatory 26 reporter training curriculum for those persons who work in 27 a position classification that under law makes the persons 28 mandatory reporters of dependent adult abuse and the position 29 classification does not have a mandatory reporter training 30 curriculum approved by a licensing or examining board. IDA 31 must collaborate with the department of human services and 32 the department of public health in approving a curriculum 33 to satisfy the combined training requirements for child and 34 dependent adult abuse. The bill also directs IDA to certify 35 -54- LSB 5237SV (2) 85 pf/nh 54/ 60
S.F. 2239 trainers to provide the dependent adult abuse mandatory 1 reporter training curriculum developed and maintained by the 2 department. 3 The bill provides that the office of the attorney general, 4 instead of the attorney for the department of human services 5 responsible for representing the department, is to have access 6 to unfounded and founded dependent adult abuse information. 7 The bill amends provisions relating to the current public 8 information and education program administered by IDA in 9 cooperation with the department of human services to encompass 10 elder abuse and dependent adult abuse. 11 The bill makes conforming changes throughout the Code 12 including those that mirror provisions relating to other types 13 of protective orders, such as those provided under Code chapter 14 236 (domestic abuse). 15 Code section 13.2: adds as a duty of the attorney general 16 to develop written procedures and policies to be followed by 17 prosecuting attorneys in the prosecution of elder abuse, elder 18 abuse assault, theft against an older individual, consumer 19 frauds committed against an older individual, and financial 20 exploitation of an older individual. 21 Code section 13.31: adds as part of the victim assistance 22 program established by the department of justice, the 23 administration of elder abuse actions commenced under new Code 24 chapter 231G. 25 Code section 135B.7: adds as a duty for the department of 26 inspections and appeals in its licensure and regulation of 27 hospitals to adopt rules requiring hospitals to establish and 28 implement protocols for responding to the needs of patients who 29 are victims of elder abuse. 30 Code section 231.23: adds to the duties of IDA to 31 collaborate with the DPH to develop protocols, functions, 32 timing, roles, and responsibilities relating to the suspicious 33 deaths of older individuals review team. 34 Code section 231.64: adds to the responsibilities of the 35 -55- LSB 5237SV (2) 85 pf/nh 55/ 60
S.F. 2239 aging and disability resources centers to be the primary point 1 of entry for the elder abuse resource and referral program 2 created in the bill. 3 Code section 232.8: adds to the jurisdiction of the juvenile 4 court, jurisdiction in proceedings commenced against a child 5 relating to relief sought against elder abuse under new Code 6 chapter 231G. 7 Code section 232.22: relates to placement of a juvenile 8 in detention when there is probable cause to believe that the 9 child has committed a delinquent act which would be elder abuse 10 or an elder abuse assault if committed by an adult. 11 Code section 232.52: adds to provisions relating to the 12 disposition of a child found to have committed a delinquent 13 act, to attend a batterers’ treatment program if the child 14 committed an act which would be elder abuse or elder abuse 15 assault if committed by an adult. 16 Code section 331.424: authorizes a county supplemental levy 17 to add to those costs of the maintenance and operation of the 18 courts, court-ordered costs in elder abuse. 19 Code section 507B.4: adds as an unfair method of competition 20 and unfair or deceptive act or practice in the business of 21 insurance, in addition to practices relating to domestic abuse, 22 the making or permitting of any discrimination in the sale of 23 insurance solely on the basis of elder abuse. 24 Code section 562A.27A: provides under the landlord tenant 25 law that if activities that present a clear and present danger 26 are being conducted by a person on the premises other than a 27 tenant, the tenant is not subject to termination and notice to 28 quit if the tenant seeks a protective order, restraining order, 29 order to vacate the homestead, or other similar relief pursuant 30 to Code chapter 231G or any other applicable provision which 31 would apply to the person conducting the activities causing the 32 clear and present danger. 33 Code section 562B.25A: provides under landlord and tenant 34 provisions relating to manufactured home communities or mobile 35 -56- LSB 5237SV (2) 85 pf/nh 56/ 60
S.F. 2239 home parks that if activities that present a clear and present 1 danger are being conducted by a person on the premises other 2 than a tenant, the tenant is not subject to termination 3 and notice to quit if the tenant seeks a protective order, 4 restraining order, order to vacate the homestead, or other 5 similar relief pursuant to Code chapter 231G or any other 6 applicable provision which would apply to the person conducting 7 the activities causing the clear and present danger. 8 Code section 598.7: provides that mediation requirements 9 relating to a dissolution of marriage do not apply if the 10 action involves elder abuse. 11 Code section 598.16: provides for the waiver from 12 requirements for conciliation in dissolution actions if a 13 history of elder abuse exists and provides for a determination 14 of the existence of elder abuse. 15 Code section 598.41: provides that in determining custody 16 arrangements for children, the court may consider whether a 17 history of elder abuse exists and provides for a determination 18 of the existence of elder abuse. 19 Code section 598.41D: provides in the determination of the 20 best interest of a child in the assignment of visitation or 21 physical care parenting time to a specified family member of 22 a parent serving active duty that the court ensure that the 23 specified family member not have a history of elder abuse. 24 Code section 598.42: provides that under the dissolution 25 Code chapter, the clerk of the district court shall provide 26 notice and copies of temporary or permanent protective orders 27 and orders to vacate the homestead entered pursuant to Code 28 chapter 598 to the applicable law enforcement agencies and 29 the 24-hour dispatcher for the law enforcement agencies, in 30 the manner provided for protective orders under Code section 31 231G.8. 32 Code section 602.6306: provides that district associate 33 judges also have jurisdiction to enter a temporary or emergency 34 order of protection under Code chapter 231G. 35 -57- LSB 5237SV (2) 85 pf/nh 57/ 60
S.F. 2239 Code section 611.23: provides that in a civil case in 1 which a plaintiff is seeking relief or damages for alleged 2 elder abuse, the plaintiff may seek, and the court may grant, 3 an order requiring the defendant to receive professional 4 counseling, in addition to any other appropriate relief or 5 damages. 6 Code section 664A.1: includes in the definition of 7 “protective orders” under the Code chapter relating to 8 no-contact and enforcement of protective orders, a court order 9 or court-approved consent agreement entered pursuant to Code 10 chapter 231G, including a valid foreign protective order and a 11 protective order or sentencing order in a criminal prosecution 12 arising from elder abuse assault. 13 Code section 664A.2: provides that the Code chapter is 14 applicable to no-contact orders issued for violations or 15 alleged violations related to elder abuse assault and to 16 protective orders issued in civil proceedings issued under Code 17 chapter 231G. 18 Code section 664A.3: provides for actions by a magistrate 19 when a person is taken into custody for contempt proceedings 20 relating to enforcement of an order relating to elder abuse. 21 Code section 664A.4: provides for provision by the clerk of 22 the district court of a notice and copy of the no-contact order 23 to the appropriate law enforcement agencies and the 24-hour 24 dispatcher for the law enforcement agencies in the same manner 25 as provided in Code section 231G.8 relating to orders relating 26 to elder abuse. 27 Code section 664A.5: provides that modification and entry 28 of permanent no-contact orders provisions apply to violations 29 of protective orders issued regarding elder abuse under Code 30 chapter 231G. 31 Code section 664A.6: provides for the mandatory arrest for 32 violation of a no-contact order relating to elder abuse or 33 elder abuse assault and provides civil and criminal immunity 34 for a peace officer acting in good faith and on reasonable 35 -58- LSB 5237SV (2) 85 pf/nh 58/ 60
S.F. 2239 grounds if the officer’s acts do not constitute a willful or 1 wanton disregard for the rights or safety of others. 2 Code section 664A.7: provides that violation of a 3 no-contact order or a protective order issued under Code 4 chapter 231G is punishable by summary contempt proceedings 5 punishable by confinement in the county jail or simple 6 misdemeanor penalties. 7 Code section 804.7: allows for arrests by peace officers 8 if the peace officer has reasonable grounds for believing 9 that elder abuse has occurred and has reasonable grounds for 10 believing that the person to be arrested has committed it; or 11 if required to arrest a person based on probable cause that 12 elder abuse assault has been committed. 13 Code section 915.22: provides under Code chapter 915 14 (victim rights) that the clerk of the district court shall 15 provide notice and copies of restraining orders in a criminal 16 case involving alleged elder abuse assault to the applicable 17 law enforcement agencies and the 24-hour dispatcher for the law 18 enforcement agencies, in the manner provided for protective 19 orders under Code section 231G.8. The clerk shall provide 20 notice and copies of modifications or vacations of these orders 21 in the same manner. 22 Code section 915.23: prohibits an employer from discharging 23 an employee, or from taking or failing to take action regarding 24 an employee’s promotion or proposed promotion, or taking action 25 to reduce an employee’s wages or benefits for actual time 26 worked, due to the service of an employee as a witness in a 27 criminal proceeding or as a plaintiff, defendant, or witness in 28 a civil proceeding pursuant to Code chapter 231G. 29 Code section 915.50A: provides for specific rights for 30 victims of elder abuse in addition to the victim rights 31 provided under Code chapter 915 including the right to file a 32 pro se petition for relief from elder abuse in the district 33 court; the right for law enforcement to remain on the scene, to 34 assist the victim in leaving the scene, to assist the victim 35 -59- LSB 5237SV (2) 85 pf/nh 59/ 60
S.F. 2239 in obtaining transportation to medical care, and to provide 1 the person with a written statement of victim rights and 2 information about emergency shelters, support services, and 3 right aging and disability resource center network; and the 4 right to receive a criminal no-contact order upon a finding of 5 probable cause. 6 Code section 915.82: includes on the crime victim 7 assistance board, a person representing older individuals 8 rather than the elderly. 9 Code section 915.94: provides that moneys in the victim 10 compensation fund may be used for awards to programs that 11 provide services and support to victims of elder abuse. 12 -60- LSB 5237SV (2) 85 pf/nh 60/ 60