S.F. _____ H.F. _____ DIVISION I 1 CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS 2 Section 1. NEW SECTION . 708.2D Older individual assault —— 3 mandatory minimums, penalties enhanced —— extension of no-contact 4 order. 5 1. For the purposes of this section: 6 a. “Older individual” means the same as defined in section 7 726.24. 8 b. “Older individual assault” means an assault, as defined 9 in section 708.1, of an older individual. 10 2. On a first offense of older individual assault, the 11 person commits: 12 a. A simple misdemeanor, except as otherwise provided. 13 b. A serious misdemeanor, if the older individual assault 14 causes bodily injury or mental illness. 15 c. An aggravated misdemeanor, if the older individual 16 assault is committed with the intent to inflict a serious 17 injury upon an older individual, or if the person uses or 18 displays a dangerous weapon in connection with the assault. 19 This paragraph does not apply if section 708.6 or 708.8 20 applies. 21 d. An aggravated misdemeanor, if the older individual 22 assault is committed by knowingly impeding the normal breathing 23 or circulation of the blood of an older individual by applying 24 pressure to the throat or neck of the older individual or by 25 obstructing the nose or mouth of the older individual. 26 3. Except as otherwise provided in subsection 2, on a second 27 older individual assault, a person commits: 28 a. A serious misdemeanor if the first offense was classified 29 as a simple misdemeanor and the second offense would otherwise 30 be classified as a simple misdemeanor. 31 b. An aggravated misdemeanor if the first offense was 32 classified as a simple or aggravated misdemeanor and the second 33 offense would otherwise be classified as a serious misdemeanor, 34 or the first offense was classified as a serious or aggravated 35 -1- LSB 1260DP (6) 88 mo/rh 1/ 18

S.F. _____ H.F. _____ misdemeanor, and the second offense would otherwise be 1 classified as a simple or serious misdemeanor. 2 4. On a third or subsequent offense of older individual 3 assault, a person commits a class “D” felony. 4 5. For an older individual assault committed by knowingly 5 impeding the normal breathing or circulation of the blood of an 6 older individual by applying pressure to the throat or neck of 7 the older individual or by obstructing the nose or mouth of the 8 older individual, and causing bodily injury, the person commits 9 a class “D” felony. 10 6. a. A conviction for, deferred judgment for, or plea of 11 guilty to, a violation of this section which occurred more than 12 twelve years prior to the date of the violation charged shall 13 not be considered in determining that the violation charged is 14 a second or subsequent offense. 15 b. For the purpose of determining if a violation charged 16 is a second or subsequent offense, deferred judgments issued 17 pursuant to section 907.3 for violations of section 708.2 or 18 this section, which were issued on older individual assaults, 19 and convictions or the equivalent of deferred judgments for 20 violations in any other states under statutes substantially 21 corresponding to this section shall be counted as previous 22 offenses. The courts shall judicially notice the statutes of 23 other states which define offenses substantially equivalent 24 to the offenses defined in this section and can therefore be 25 considered corresponding statutes. Each previous violation on 26 which conviction or deferral of judgment was entered prior to 27 the date of the offense charged shall be considered and counted 28 as a separate previous offense. 29 c. An offense shall be considered a prior offense regardless 30 of whether it was committed upon the same victim. 31 7. a. A person convicted of violating subsection 2 or 3 32 shall serve a minimum term of two days of the sentence imposed 33 by law, and shall not be eligible for suspension of the minimum 34 sentence. The minimum term shall be served on consecutive 35 -2- LSB 1260DP (6) 88 mo/rh 2/ 18

S.F. _____ H.F. _____ days. The court shall not impose a fine in lieu of the minimum 1 sentence, although a fine may be imposed in addition to the 2 minimum sentence. This section does not prohibit the court 3 from sentencing and the person from serving the maximum term of 4 confinement or from paying the maximum fine permitted pursuant 5 to chapters 902 and 903, and does not prohibit the court from 6 entering a deferred judgment or sentence pursuant to section 7 907.3, if the person has not previously received a deferred 8 sentence or judgment for a violation of section 708.2 or this 9 section which was issued on an older individual assault. 10 b. A person convicted of violating subsection 4 shall 11 be sentenced as provided under section 902.9, subsection 1, 12 paragraph “e” , and shall be denied parole or work release until 13 the person has served a minimum of one year of the person’s 14 sentence. Notwithstanding section 901.5, subsections 1, 3, and 15 5, and section 907.3, the person cannot receive a suspended or 16 deferred sentence or a deferred judgment; however, the person 17 sentenced shall receive credit for any time the person was 18 confined in a jail or detention facility following arrest. 19 8. If a person is convicted for, receives a deferred 20 judgment for, or pleads guilty to a violation of this section, 21 the court shall modify the no-contact order issued upon initial 22 appearance in the manner provided in section 664A.5, regardless 23 of whether the person is placed on probation. 24 9. The clerk of the district court shall provide notice 25 and copies of a judgment entered under this section to the 26 applicable law enforcement agencies and the twenty-four-hour 27 dispatcher for the law enforcement agencies, in the manner 28 provided for protective orders under chapter 235F. The 29 clerk shall provide notice and copies of modifications of the 30 judgment in the same manner. 31 Sec. 2. NEW SECTION . 714.2A Theft against an older 32 individual. 33 1. If a person commits theft against an individual who 34 was an older individual at the time the theft was committed, 35 -3- LSB 1260DP (6) 88 mo/rh 3/ 18

S.F. _____ H.F. _____ notwithstanding the penalties specified in section 714.2, all 1 of the following shall apply: 2 a. If a person commits theft in the first degree pursuant to 3 section 714.2, subsection 1, the person is guilty of a class 4 “B” felony. 5 b. If a person commits theft in the second degree pursuant 6 to section 714.2, subsection 2, the person is guilty of a class 7 “C” felony. 8 c. If a person commits theft in the third degree pursuant to 9 section 714.2, subsection 3, the person is guilty of a class 10 “D” felony. 11 d. If a person commits theft in the fourth degree pursuant 12 to section 714.2, subsection 4, the person is guilty of an 13 aggravated misdemeanor. 14 e. If a person commits theft in the fifth degree pursuant to 15 section 714.2, subsection 5, the person is guilty of a serious 16 misdemeanor. 17 2. For the purposes of this section, “older individual” 18 means an individual who is sixty years of age or older. 19 Sec. 3. Section 714.16A, Code 2019, is amended to read as 20 follows: 21 714.16A Additional civil penalty for consumer frauds 22 committed against elderly older individuals —— fund established. 23 1. a. If a person violates section 714.16 , and the 24 violation is committed against an older person individual , 25 in an action brought by the attorney general, in addition to 26 any other civil penalty, the court may impose an additional 27 civil penalty not to exceed five thousand dollars for each 28 such violation. Additionally, the attorney general may 29 accept a civil penalty as determined by the attorney general 30 in settlement of an investigation of a violation of section 31 714.16 , regardless of whether an action has been filed pursuant 32 to section 714.16 . 33 b. A civil penalty imposed by a court or determined and 34 accepted by the attorney general pursuant to this section shall 35 -4- LSB 1260DP (6) 88 mo/rh 4/ 18

S.F. _____ H.F. _____ be paid to the treasurer of state, who shall deposit the money 1 in the elderly victim fund, a separate fund created in the 2 state treasury and administered by the attorney general for the 3 investigation and prosecution of frauds against the elderly. 4 Notwithstanding section 8.33 , any balance in the fund on June 5 30 of any fiscal year shall not revert to the general fund 6 of the state. An award of reimbursement pursuant to section 7 714.16 has priority over a civil penalty imposed by the court 8 pursuant to this subsection . 9 2. In determining whether to impose a civil penalty under 10 subsection 1 , and the amount of any such penalty, the court 11 shall consider the following: 12 a. Whether the defendant’s conduct was in willful disregard 13 of the rights of the older person individual . 14 b. Whether the defendant knew or should have known that the 15 defendant’s conduct was directed to an older person individual . 16 c. Whether the older person individual was substantially 17 more vulnerable to the defendant’s conduct because of age, poor 18 health, infirmity, impaired understanding, restricted mobility, 19 or disability, than other persons. 20 d. Any other factors the court deems appropriate. 21 3. As used in this section , “older person” individual” means 22 a person who is sixty-five years of age or an individual who is 23 sixty years of age or older. 24 Sec. 4. NEW SECTION . 726.24 Elder abuse —— initiation of 25 charges —— penalty. 26 1. As used in this section unless the context otherwise 27 requires: 28 a. “Abuse” means the knowing infliction of physical or 29 psychological harm or the knowing deprivation of goods or 30 services that are necessary to meet essential needs or to avoid 31 physical harm or psychological harm. “Abuse” includes but is 32 not limited to any of the following: 33 (1) Physical injury to, or injury which is at a variance 34 with the history given of the injury, or unreasonable 35 -5- LSB 1260DP (6) 88 mo/rh 5/ 18

S.F. _____ H.F. _____ confinement, unreasonable punishment, or assault of an older 1 individual. 2 (2) The commission of a sexual offense under chapter 709 or 3 section 726.2 with or against an older individual. 4 (3) Sexual exploitation of an older individual. 5 (4) The commission of older individual assault under 6 section 708.2D. 7 b. “Caregiver” means an individual who has the 8 responsibility for the care or custody of an older individual, 9 whether voluntarily, by contract, by receipt of payment for 10 care, or as a result of the operation of law, and includes 11 but is not limited to a family member or other individual who 12 provides, whether on the individual’s own behalf or on behalf 13 of a public or private entity, compensated or uncompensated 14 care to an older individual. 15 c. “Elder abuse” means the abuse, neglect, or exploitation 16 of an older individual. “Elder abuse” does not include any of 17 the following: 18 (1) Circumstances in which the older individual declines 19 medical treatment if the older individual holds a belief or is 20 an adherent of a religion whose tenets and practices call for 21 reliance on spiritual means in place of reliance on medical 22 treatment. 23 (2) Circumstances in which the older individual’s caregiver 24 or fiduciary, acting in accordance with the older individual’s 25 stated or implied consent, declines medical treatment if the 26 older individual holds a belief or is an adherent of a religion 27 whose tenets and practices call for reliance on spiritual means 28 in place of reliance on medical treatment. 29 (3) The withholding or withdrawing of health care from 30 an older individual who is terminally ill in the opinion of 31 a licensed physician, when the withholding or withdrawing of 32 health care is done at the request of the older individual or 33 at the request of the older individual’s next of kin, attorney 34 in fact, or guardian pursuant to the applicable procedures 35 -6- LSB 1260DP (6) 88 mo/rh 6/ 18

S.F. _____ H.F. _____ under chapter 125, 144A, 144B, 222, 229, or 633. 1 d. “Fiduciary” means a guardian, trustee, executor, 2 administrator, receiver, conservator, attorney in fact, or 3 any person, whether individual or corporate, acting in any 4 fiduciary capacity for or on behalf of any older individual. 5 e. “Neglect” means the failure of a caregiver or fiduciary 6 to provide adequate food, shelter, clothing, supervision, 7 physical or mental health care, and goods or services necessary 8 to maintain the life, health, or safety of an older individual, 9 which if not provided would constitute denial of critical care. 10 f. “Older individual” means an individual who is sixty years 11 of age or older. 12 g. “Older individual assault” means the same as defined in 13 section 708.2D. 14 h. “Physical harm” means bodily injury, impairment, or 15 disease. 16 i. “Psychological harm” means an injury to the intellectual 17 functioning or emotional state of an older individual as 18 evidenced by an observable or measurable reduction in the older 19 adult’s ability to function within that individual’s customary 20 range of performance and that individual’s behavior. 21 j. “Serious injury” means the same as defined in section 22 702.18. 23 k. “Sexual exploitation” includes sexual exploitation 24 and means any sexual contact against an older individual’s 25 will. This includes acts in which the older individual is 26 unable to understand the act or is unable to communicate or is 27 under undue influence and includes coerced nudity; fondling, 28 touching, or kissing, particularly the genitals; making the 29 person fondle someone else's genitals; forcing the person to 30 observe sexual acts; photographing the person in sexually 31 explicit ways; sexual assault of any type (coercion to perform 32 sexual acts), including rape or sodomy. Sexual contact is 33 defined as intentional touching (either directly or through the 34 clothing), of the genitalia, anus, groin, breast, mouth, inner 35 -7- LSB 1260DP (6) 88 mo/rh 7/ 18

S.F. _____ H.F. _____ thigh, or buttocks. 1 l. “Undue influence” means when a person uses or knowingly 2 assists or causes another person to use that person’s role, 3 relationship, or power to exploit the trust, dependency, or 4 fear of an older individual, or uses or knowingly assists or 5 causes another person to use that person’s role, relationship, 6 or power to deceptively gain control over an older individual’s 7 decision making process. 8 2. A charge of elder abuse may be initiated upon complaint 9 of a private individual, as a result of an investigation by 10 a social services agency, or on the direct initiative of the 11 attorney general, a county attorney, or a law enforcement 12 agency. 13 3. A person who intentionally commits elder abuse is guilty 14 of a class “C” felony if the intentional elder abuse results 15 in serious injury. 16 4. A person who recklessly commits elder abuse is guilty 17 of a class “D” felony if the reckless elder abuse results in 18 serious injury. 19 5. A person who intentionally commits elder abuse is guilty 20 of a class “C” felony if the intentional elder abuse results 21 in physical injury. 22 6. A person who recklessly commits elder abuse is guilty of 23 an aggravated misdemeanor if the reckless elder abuse results 24 in physical injury. 25 7. A person who otherwise intentionally or knowingly 26 commits elder abuse is guilty of a serious misdemeanor. 27 8. A person alleged to have committed a violation under 28 this section shall be charged with the respective offense 29 cited, unless a charge may be brought based upon a more serious 30 offense, in which case the charge of the more serious offense 31 shall supersede the less serious charge. 32 9. It does not constitute a defense to a prosecution for any 33 violation of this section that the alleged perpetrator did not 34 know the age of the victim. 35 -8- LSB 1260DP (6) 88 mo/rh 8/ 18

S.F. _____ H.F. _____ 10. In a criminal action in which an older individual is 1 a victim, the state may move the court to advance the trial 2 on the docket. The presiding judge, after consideration of 3 the age and health of the victim, may advance the trial on 4 the docket. The motion may be filed and served with the 5 information or charges or at any time. 6 11. a. A conviction or deferred judgment for or plea of 7 guilty to a violation of this section which occurred more than 8 twelve years prior to the date of the violation charged shall 9 not be considered in determining that the violation charged is 10 a second or subsequent offense. 11 b. For the purpose of determining if a violation charged 12 is a second or subsequent offense, deferred judgments issued 13 pursuant to section 907.3 for violations of this section or 14 section 708.2D, and convictions or the equivalent of deferred 15 judgments for violations in any other state under statutes 16 substantially corresponding to this section shall be counted 17 as previous offenses. The courts shall judicially notice the 18 statutes of other states which define offenses substantially 19 equivalent to the offenses defined in this section and can 20 therefore be considered corresponding statutes. Each previous 21 violation on which conviction or deferral of judgment was 22 entered prior to the date of the offense charged shall be 23 considered and counted as a separate previous offense. 24 c. An offense shall be considered a prior offense regardless 25 of whether it was committed upon the same victim. 26 12. If a person is convicted or receives a deferred judgment 27 for, or pleads guilty to a violation of this section, the 28 court shall modify the no-contact order issued upon initial 29 appearance in the manner provided in section 664A.5, regardless 30 of whether the person is placed on probation. 31 13. The clerk of the district court shall provide notice 32 and copies of a judgment entered under this section to the 33 applicable law enforcement agencies and the twenty-four-hour 34 dispatcher for the law enforcement agencies, in the manner 35 -9- LSB 1260DP (6) 88 mo/rh 9/ 18

S.F. _____ H.F. _____ provided for protective orders under section 235F. The 1 clerk shall provide notice and copies of modifications of the 2 judgment in the same manner. 3 Sec. 5. NEW SECTION . 726.25 Financial exploitation of an 4 older individual. 5 1. For the purposes of this section: 6 a. “Caregiver” means an individual who has the 7 responsibility for the care or custody of an older individual, 8 whether voluntarily, by contract, through employment, or as a 9 result of the operation of law, and includes but is not limited 10 to a family member or other individual who provides compensated 11 or uncompensated care to an older individual. 12 b. “Coercion” means communication or conduct which compels 13 an older individual to act or refrain from acting against the 14 older individual’s will. 15 c. “Older individual” means an individual who is sixty years 16 of age or older. 17 d. “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 -10- LSB 1260DP (6) 88 mo/rh 10/ 18

S.F. _____ H.F. _____ by the court based upon the totality of the circumstances. 1 e. “Undue influence” means taking advantage of a person’s 2 role, relationship, or authority to improperly change or 3 obtain control over the actions or decision making of an older 4 individual. 5 2. A person commits financial exploitation of an older 6 individual when the person stands in a position of trust or 7 confidence with the older individual and knowingly and by undue 8 influence, deception, coercion, fraud, breach of fiduciary 9 duty, or extortion, obtains control over or otherwise uses the 10 benefits, property, resources, belongings, or assets of the 11 older individual. 12 3. A person who commits financial exploitation of an older 13 individual is guilty of the following, as applicable: 14 a. A serious misdemeanor if the value of the benefits, 15 property, resources, belongings, or assets is one hundred 16 dollars or less. 17 b. A aggravated misdemeanor if the value of the benefits, 18 property, resources, belongings, or assets exceeds one hundred 19 dollars but does not exceed one thousand dollars. 20 c. A class “D” felony if the value of the benefits, 21 property, resources, belongings, or assets exceeds one thousand 22 dollars but does not exceed ten thousand dollars. 23 d. A class “C” felony if the value of the benefits, 24 property, resources, belongings, or assets exceeds ten thousand 25 dollars but does not exceed fifty thousand dollars. 26 e. A class “B” felony if the value of the benefits, 27 property, resources, belongings, or assets exceeds fifty 28 thousand dollars, or if the older individual is seventy years 29 of age to eighty years of age and the value of the benefits, 30 property, resources, belongings, or assets is fifteen thousand 31 dollars or more, or if the older individual is eighty years of 32 age or older and value of the benefits, property, resources, 33 belongings, or assets is five thousand dollars or more. 34 4. Nothing in this section shall be construed to limit other 35 -11- LSB 1260DP (6) 88 mo/rh 11/ 18

S.F. _____ H.F. _____ remedies available to the older individual including those 1 provided under chapters 235F and 236. 2 5. A person alleged to have committed a violation under 3 this section shall be charged with the respective offense 4 cited, unless a charge may be brought based upon a more serious 5 offense, in which case the charge of the more serious offense 6 shall supersede the less serious charge. 7 6. Nothing in this section shall be construed to impose 8 criminal liability on a person who has made a good-faith effort 9 to assist an older individual in the management of the older 10 individual’s benefits, property, resources, belongings, or 11 assets, but through no fault of the person the person has been 12 unable to provide such assistance. 13 7. It shall not be a defense to financial exploitation of 14 an older individual that the alleged perpetrator did not know 15 the age of the older individual or reasonably believed that the 16 alleged victim was not an older individual. 17 Sec. 6. NEW SECTION . 726.26 Dependent adult abuse —— 18 initiation of charges —— penalty. 19 1. For the purposes of this section, “caretaker” , “dependent 20 adult” , and “dependent adult abuse” mean the same as defined in 21 section 235B.2. 22 2. A charge of dependent adult abuse may be initiated 23 upon the complaint of a private individual, as a result of an 24 investigation by a social service agency, or on the direct 25 initiative of the office of the attorney general, a county 26 attorney, or a law enforcement agency. 27 3. A caretaker who intentionally commits dependent adult 28 abuse is guilty of a class “C” felony if the intentional 29 dependent adult abuse results in serious injury. 30 4. A caretaker who recklessly commits dependent adult abuse 31 is guilty of a class “D” felony if the reckless dependent adult 32 abuse results in serious injury. 33 5. A caretaker who intentionally commits dependent adult 34 abuse is guilty of a class “C” felony if the intentional 35 -12- LSB 1260DP (6) 88 mo/rh 12/ 18

S.F. _____ H.F. _____ dependent adult abuse results in physical injury. 1 6. A caretaker who commits dependent adult abuse by 2 exploitation of a dependent adult is guilty of a class “D” 3 felony if the value of the property, assets, or resources 4 exceeds one hundred dollars. 5 7. A caretaker who recklessly commits dependent adult 6 abuse is guilty of an aggravated misdemeanor if the reckless 7 dependent adult abuse results in physical injury. 8 8. A caretaker who otherwise intentionally or knowingly 9 commits dependent adult abuse is guilty of a serious 10 misdemeanor. 11 9. A caretaker who commits dependent adult abuse by 12 exploitation of a dependent adult is guilty of a simple 13 misdemeanor if the value of the property, assets, or resources 14 is one hundred dollars or less. 15 10. A caretaker alleged to have committed dependent adult 16 abuse shall be charged with the respective offense cited, 17 unless a charge may be brought based upon a more serious 18 offense, in which case the charge of the more serious offense 19 shall supersede the less serious charge. 20 Sec. 7. REPEAL. Section 235B.20, Code 2019, is repealed. 21 Sec. 8. CODE EDITOR DIRECTIVES. The Code editor shall do 22 all of the following: 23 1. Create a new subchapter in chapter 726, entitled 24 “Resident, Dependent Adult, and Older Individual Protection 25 Act” that includes sections 726.24, 726.25, and 726.26, as 26 enacted in this Act. 27 2. a. Transfer sections 726.7 and 726.8, Code 2019, to 28 the new subchapter and renumber the transferred sections as 29 follows: 30 (1) Section 726.7 as section 726.27. 31 (2) Section 726.8 as section 726.28. 32 b. Correct internal references as necessary. 33 3. Amend the title of the chapter to read “Protections 34 for the family, dependent persons, residents of health care 35 -13- LSB 1260DP (6) 88 mo/rh 13/ 18

S.F. _____ H.F. _____ facilities, and older individuals”. 1 DIVISION II 2 CONFORMING CHANGES 3 Sec. 9. Section 13.2, subsection 1, Code 2019, is amended by 4 adding the following new paragraph: 5 NEW PARAGRAPH . p. Develop written procedures and policies 6 to be followed by prosecuting attorneys in the prosecution 7 of elder abuse, older individual assault, theft against an 8 older individual, consumer frauds committed against an older 9 individual, and financial exploitation of an older individual 10 under sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25. 11 Sec. 10. Section 598.16, subsection 7, paragraph a, Code 12 2019, is amended to read as follows: 13 a. In determining whether a history of elder abuse exists, 14 the court’s consideration shall include but is not limited 15 to commencement of an action pursuant to section 235F.2 , the 16 issuance of a court order or consent agreement pursuant to 17 section 235F.6 , the issuance of an emergency order pursuant to 18 section 235F.7 , the holding of a party in contempt pursuant to 19 section 664A.7 , the response of a peace officer to the scene 20 of alleged elder abuse, or the arrest of a party following a 21 response to a report of alleged elder abuse , or a conviction 22 for older individual assault pursuant to section 708.2D . 23 Sec. 11. Section 664A.1, subsection 2, Code 2019, is amended 24 to read as follows: 25 2. “Protective order” means a protective order issued 26 pursuant to chapter 232 , a court order or court-approved 27 consent agreement entered pursuant to this chapter or chapter 28 235F , a court order or court-approved consent agreement entered 29 pursuant to chapter 236 or 236A , including a valid foreign 30 protective order under section 236.19, subsection 3 , or section 31 236A.19, subsection 3 , a temporary or permanent protective 32 order or order to vacate the homestead under chapter 598 , or an 33 order that establishes conditions of release or is a protective 34 order or sentencing order in a criminal prosecution arising 35 -14- LSB 1260DP (6) 88 mo/rh 14/ 18

S.F. _____ H.F. _____ from a domestic abuse assault under section 708.2A or older 1 individual assault under section 708.2D , or a civil injunction 2 issued pursuant to section 915.22 . 3 Sec. 12. Section 664A.2, subsection 1, Code 2019, is amended 4 to read as follows: 5 1. This chapter applies to no-contact orders issued for 6 violations or alleged violations of sections 708.2A , 708.2D, 7 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public 8 offense for which there is a victim. 9 Sec. 13. Section 664A.7, subsection 5, Code 2019, is amended 10 to read as follows: 11 5. Violation of a no-contact order entered for the offense 12 or alleged offense of domestic abuse assault in violation 13 of section 708.2A , the offense or alleged offense of older 14 individual assault in violation of section 708.2D, or a 15 violation of a protective order issued pursuant to chapter 16 232 , 235F , 236 , 236A , 598 , or 915 constitutes a public offense 17 and is punishable as a simple misdemeanor. Alternatively, 18 the court may hold a person in contempt of court for such a 19 violation, as provided in subsection 3 . 20 Sec. 14. Section 915.22, Code 2019, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 6. The clerk of the district court 23 shall provide notice and copies of restraining orders issued 24 pursuant to this section in a criminal case involving an 25 alleged violation of section 708.2D to the applicable law 26 enforcement agencies and the twenty-four-hour dispatch for the 27 law enforcement agencies, in the manner provided for protective 28 orders under section 235F.6. The clerk shall provide notice 29 and copies of modifications or vacations of these orders in the 30 same manner. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to older individuals and dependent adults 35 -15- LSB 1260DP (6) 88 mo/rh 15/ 18

S.F. _____ H.F. _____ and certain criminal offenses and civil actions, and provides 1 penalties. 2 DIVISION I —— CRIMINAL AND CIVIL RELIEF FOR OLDER 3 INDIVIDUALS. The bill establishes the crime of older 4 individual assault which is the assault, as defined in Code 5 section 708.1, of an older individual, defined in the bill as 6 an individual 60 years of age or older. The bill provides 7 criminal penalties for older individual assault ranging from 8 a simple misdemeanor to a class “D” felony depending on the 9 circumstances of the assault. The bill also provides for the 10 determination of whether a violation is a second or subsequent 11 offense and provides for minimum sentencing for offenders. 12 The bill establishes the crime of theft against an older 13 individual which enhances the penalties for the existing crime 14 of theft by one degree. 15 The bill changes the existing additional civil penalty for 16 consumer frauds committed against elders (those 65 years of age 17 or older) to apply to older individuals consistent with other 18 provisions relating to older individuals under the bill. 19 The bill establishes criminal penalties for elder abuse 20 ranging from a serious misdemeanor to a class “C” felony 21 depending on the circumstances and resulting injuries of the 22 abuse. Elder abuse is defined as the abuse, neglect, or 23 exploitation of an older individual. 24 The bill establishes the crime of financial exploitation of 25 an older individual. A person commits financial exploitation 26 of an older individual when the person stands in a position of 27 trust or confidence with the older individual and knowingly 28 and by undue influence, deception, coercion, fraud, breach of 29 fiduciary duty, or extortion, obtains control over or otherwise 30 uses the benefits, property, resources, belongings, or assets 31 of the older individual. The criminal penalties range from a 32 serious misdemeanor to a class “B” felony based on the amount 33 of benefits, property, resources, belongings, or assets of the 34 older individual involved. 35 -16- LSB 1260DP (6) 88 mo/rh 16/ 18

S.F. _____ H.F. _____ The bill relocates the criminal penalties for dependent 1 adult abuse as they currently exist from Code chapter 235B 2 (dependent adult abuse) to Code chapter 726 (relating to the 3 protection of the family and dependent persons). 4 DIVISION II —— CONFORMING CHANGES. The bill makes 5 conforming changes throughout the Code. 6 Code section 13.2: The bill adds as a duty of the attorney 7 general to develop written procedures and policies to be 8 followed by prosecuting attorneys in the prosecution of 9 elder abuse, older individual assault, theft against an 10 older individual, consumer frauds committed against an older 11 individual, and financial exploitation of an older individual. 12 Code section 598.16: The bill provides that, for the 13 waiver from the requirements for the parties to participate 14 in conciliation efforts in dissolution actions, a court may 15 consider a conviction for older individual assault. 16 Code section 664A.1: The bill includes in the definition 17 of “protective orders” under Code chapter 664A (relating to 18 no-contact and enforcement of protective orders), a protective 19 order or sentencing order in a criminal prosecution arising 20 from older individual assault. 21 Code section 664A.2: The bill provides that the Code chapter 22 is applicable to no-contact orders issued for violations or 23 alleged violations related to older individual assault. 24 Code section 664A.7: The bill provides that violation of a 25 no-contact order for the offense of older individual assault 26 constitutes a public offense and is punishable as a simple 27 misdemeanor. Alternatively, the court may hold a person in 28 contempt of court for such violation. 29 Code section 915.23: The bill provides that under Code 30 chapter 915 (victim rights) the clerk of the district court 31 shall provide notice and copies of restraining orders in a 32 criminal case involving alleged older individual assault to the 33 applicable law enforcement agencies and the 24-hour dispatcher 34 for the law enforcement agencies, in the manner provided for 35 -17- LSB 1260DP (6) 88 mo/rh 17/ 18