Senate File 2108 - Introduced SENATE FILE 2108 BY R. TAYLOR , MATHIS , JOCHUM , CELSI , WAHLS , KINNEY , BISIGNANO , T. TAYLOR , J. SMITH , QUIRMBACH , BOLKCOM , PETERSEN , GIDDENS , RAGAN , BOULTON , LYKAM , and DOTZLER A BILL FOR An Act relating to older individuals and dependent adults, 1 creating certain criminal offenses and civil actions, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5440ST (7) 88 pf/rh

S.F. 2108 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 an individual who is sixty years 7 of age or older. 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 offense of 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 5440ST (7) 88 pf/rh 1/ 31

S.F. 2108 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 18 708.2A, or this section, which were issued on older individual 19 assaults, and convictions or the equivalent of deferred 20 judgments for violations in any other states under statutes 21 substantially corresponding to this section shall be counted 22 as previous offenses. The courts shall judicially notice the 23 statutes of other states which define offenses substantially 24 equivalent to the offenses defined in this section and can 25 therefore be considered corresponding statutes. Each previous 26 violation on which conviction or deferral of judgment was 27 entered prior to the date of the offense charged shall be 28 considered and counted 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 5440ST (7) 88 pf/rh 2/ 31

S.F. 2108 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 4 of confinement or from paying the maximum fine permitted 5 pursuant to chapters 902 and 903, and does not prohibit the 6 court from entering a deferred judgment or sentence pursuant 7 to section 907.3, if the person has not previously received 8 a deferred sentence or judgment for a violation of section 9 708.2 or 708.2A, or this section, which was issued on an older 10 individual assault. 11 b. A person convicted of violating subsection 4 shall 12 be sentenced as provided under section 902.9, subsection 1, 13 paragraph “e” , and shall be denied parole or work release until 14 the person has served a minimum of one year of the person’s 15 sentence. Notwithstanding section 901.5, subsections 1, 3, and 16 5, and section 907.3, the person cannot receive a suspended or 17 deferred sentence or a deferred judgment; however, the person 18 sentenced shall receive credit for any time the person was 19 confined in a jail or detention facility following arrest. 20 8. If a person is convicted for, receives a deferred 21 judgment for, or pleads guilty to a violation of this section, 22 the court shall modify the no-contact order issued upon initial 23 appearance in the manner provided in section 664A.5, regardless 24 of whether the person is placed on probation. 25 9. The clerk of the district court shall provide notice 26 and copies of a judgment entered under this section to the 27 applicable law enforcement agencies and the twenty-four-hour 28 dispatcher for the law enforcement agencies, in the manner 29 provided for protective orders under chapter 235F. The 30 clerk shall provide notice and copies of modifications of the 31 judgment in the same manner. 32 Sec. 2. NEW SECTION . 714.2A Theft against an older 33 individual. 34 1. If a person commits theft against an individual who was 35 -3- LSB 5440ST (7) 88 pf/rh 3/ 31

S.F. 2108 an older individual at the time the theft was committed and the 1 person knew or should have known the conduct was directed at an 2 older individual, notwithstanding the penalties specified in 3 section 714.2, all of the following shall apply: 4 a. If a person commits theft in the first degree pursuant to 5 section 714.2, subsection 1, the person is guilty of a class 6 “B” felony. 7 b. If a person commits theft in the second degree pursuant 8 to section 714.2, subsection 2, the person is guilty of a class 9 “C” felony. 10 c. If a person commits theft in the third degree pursuant to 11 section 714.2, subsection 3, the person is guilty of a class 12 “D” felony. 13 d. If a person commits theft in the fourth degree pursuant 14 to section 714.2, subsection 4, the person is guilty of an 15 aggravated misdemeanor. 16 e. If a person commits theft in the fifth degree pursuant to 17 section 714.2, subsection 5, the person is guilty of a serious 18 misdemeanor. 19 2. For the purposes of this section, “older individual” 20 means an individual who is sixty years of age or older. 21 Sec. 3. Section 714.16A, Code 2020, is amended to read as 22 follows: 23 714.16A Additional civil penalty for consumer frauds 24 committed against elderly older individuals —— fund established. 25 1. a. If a person violates section 714.16 , and the 26 violation is committed against an older person individual , 27 in an action brought by the attorney general, in addition to 28 any other civil penalty, the court may impose an additional 29 civil penalty not to exceed five thousand dollars for each 30 such violation. Additionally, the attorney general may 31 accept a civil penalty as determined by the attorney general 32 in settlement of an investigation of a violation of section 33 714.16 , regardless of whether an action has been filed pursuant 34 to section 714.16 . 35 -4- LSB 5440ST (7) 88 pf/rh 4/ 31

S.F. 2108 b. A civil penalty imposed by a court or determined and 1 accepted by the attorney general pursuant to this section shall 2 be paid to the treasurer of state, who shall deposit the money 3 in the elderly older individual victim fund, a separate fund 4 created in the state treasury and administered by the attorney 5 general for the investigation and prosecution of frauds against 6 the elderly older individuals . Notwithstanding section 8.33 , 7 any balance in the fund on June 30 of any fiscal year shall 8 not revert to the general fund of the state. An award of 9 reimbursement pursuant to section 714.16 has priority over a 10 civil penalty imposed by the court pursuant to this subsection . 11 2. In determining whether to impose a civil penalty under 12 subsection 1 , and the amount of any such penalty, the court 13 shall consider the following: 14 a. Whether the defendant’s conduct was in willful disregard 15 of the rights of the older person individual . 16 b. Whether the defendant knew or should have known that the 17 defendant’s conduct was directed to an older person individual . 18 c. Whether the older person individual was substantially 19 more vulnerable to the defendant’s conduct because of age, poor 20 health, infirmity, impaired understanding, restricted mobility, 21 or disability, than other persons. 22 d. Any other factors the court deems appropriate. 23 3. As used in this section , “older person” individual” means 24 a person who is sixty-five years of age or an individual who is 25 sixty years of age or older. 26 Sec. 4. NEW SECTION . 726.24 Elder abuse —— initiation of 27 charges —— penalty. 28 1. As used in this section unless the context otherwise 29 requires: 30 a. “Abuse” means the infliction of physical harm or the 31 deprivation of goods or services that are necessary to meet 32 essential needs or to avoid physical harm or psychological 33 harm. 34 b. “Caregiver” means an individual who has the 35 -5- LSB 5440ST (7) 88 pf/rh 5/ 31

S.F. 2108 responsibility for the care or custody of an older individual, 1 whether voluntarily, by contract, by receipt of payment for 2 care, or as a result of the operation of law, and includes 3 but is not limited to a family member or other individual who 4 provides, whether on the individual’s own behalf or on behalf 5 of a public or private entity, compensated or uncompensated 6 care to an older individual. 7 c. “Elder abuse” means the abuse, emotional abuse, neglect, 8 isolation, or sexual exploitation of an older individual. 9 “Elder abuse” does not include any of the following: 10 (1) Circumstances in which the older individual declines 11 medical treatment if the older individual holds a belief or is 12 an adherent of a religion whose tenets and practices call for 13 reliance on spiritual means in place of reliance on medical 14 treatment. 15 (2) Circumstances in which the older individual’s caregiver 16 or fiduciary, acting in accordance with the older individual’s 17 stated or implied consent, declines medical treatment if the 18 older individual holds a belief or is an adherent of a religion 19 whose tenets and practices call for reliance on spiritual means 20 in place of reliance on medical treatment. 21 (3) The withholding or withdrawing of health care from 22 an older individual who is terminally ill in the opinion of 23 a licensed physician, when the withholding or withdrawing of 24 health care is done at the request of the older individual or 25 at the request of the older individual’s next of kin, attorney 26 in fact, or guardian pursuant to the applicable procedures 27 under chapter 125, 144A, 144B, 222, 229, or 633. 28 d. “Emotional abuse” means the willful or reckless 29 infliction of psychological harm, emotional or mental anguish, 30 or the use of physical or chemical restraint, medication, or 31 isolation as punishment or as a substitute for treatment or 32 care. 33 e. “Fiduciary” means a guardian, trustee, executor, 34 administrator, receiver, conservator, attorney in fact, or 35 -6- LSB 5440ST (7) 88 pf/rh 6/ 31

S.F. 2108 any person, whether individual or corporate, acting in any 1 fiduciary capacity for or on behalf of any older individual. 2 f. (1) “Isolate” or “isolation” means preventing an older 3 individual from having contact with another person by any of 4 the following means: 5 (a) Intentionally preventing the older individual from 6 receiving visitors, mail, or telephone calls, including, 7 without limitation, communicating to a person who comes to 8 visit the older individual or a person who telephones the older 9 individual that the older individual is not present or does 10 not want to meet with or talk to the visitor or caller while 11 knowing that the statement is false, contrary to the express 12 wishes of the older individual, and intended to prevent the 13 older individual from having contact with the visitor. 14 (b) Physically restraining the older individual to prevent 15 the older individual from meeting with a person who comes to 16 visit the older individual. 17 (c) Permitting any of the acts described in subparagraph 18 division (a) or (b) to be committed against an older 19 individual. 20 (2) “Isolate” or “Isolation” does not mean an act intended 21 to protect the property or physical or mental welfare of 22 the older individual or an act performed pursuant to the 23 instructions of a physician of the older individual. 24 g. “Neglect” means the failure of a caregiver or fiduciary 25 to provide adequate food, shelter, clothing, supervision, 26 physical or mental health care, and goods or services necessary 27 to maintain the life, health, or safety of an older individual, 28 which if not provided would constitute denial of critical care. 29 h. “Older individual” means a person sixty years of age or 30 older. 31 i. “Older individual assault” means the same as defined in 32 section 708.2D. 33 j. “Physical harm” means bodily injury, bodily pain, 34 impairment, or disease. 35 -7- LSB 5440ST (7) 88 pf/rh 7/ 31

S.F. 2108 k. “Psychological harm” means an injury to the intellectual 1 functioning or emotional state of an older individual as 2 evidenced by an observable or measurable reduction in the older 3 adult’s ability to function within that individual’s customary 4 range of performance and that individual’s behavior. 5 l. “Serious injury” means the same as defined in section 6 702.18. 7 m. “Sexual exploitation” means any sexual contact against 8 an older individual’s will. This includes acts in which the 9 older individual is unable to understand the act or is unable 10 to communicate or is under undue influence and includes coerced 11 nudity; fondling, touching, or kissing; making the person 12 fondle someone else’s genitals; forcing the person to observe 13 sexual acts; photographing the person in sexually explicit 14 ways whether for purposes of gratification or degradation; and 15 sexual assault. 16 n. “Undue influence” means when a person uses or knowingly 17 assists or causes another person to use that person’s role, 18 relationship, or power to exploit the trust, dependency, or 19 fear of an older individual, or uses or knowingly assists or 20 causes another person to use that person’s role, relationship, 21 or power to deceptively gain control over an older individual’s 22 decision-making process. 23 2. It shall be unlawful for any person to abuse, emotionally 24 abuse, neglect, isolate, or sexually exploit any older 25 individual. 26 3. A charge of elder abuse may be initiated as a result of 27 an investigation by a social services agency, or on the direct 28 initiative of the attorney general, a county attorney, or a law 29 enforcement agency. 30 4. A person who commits a first offense of elder abuse is 31 guilty of the following, as applicable: 32 a. A person who intentionally commits elder abuse is guilty 33 of a class “C” felony if the intentional elder abuse results 34 in serious injury. 35 -8- LSB 5440ST (7) 88 pf/rh 8/ 31

S.F. 2108 b. A person who recklessly commits elder abuse is guilty 1 of a class “D” felony if the reckless elder abuse results in 2 serious injury. 3 c. A person who intentionally commits elder abuse is guilty 4 of a class “D” felony if the intentional elder abuse results in 5 physical injury or psychological harm. 6 d. A person who recklessly commits elder abuse is guilty of 7 an aggravated misdemeanor if the reckless elder abuse results 8 in physical injury or psychological harm. 9 e. A person who otherwise intentionally commits elder abuse 10 is guilty of a serious misdemeanor. 11 5. On a second or subsequent offense of elder abuse under 12 subsection 4, paragraph “a” , a person commits a class “B” 13 felony. 14 6. On a second or subsequent offense of elder abuse under 15 subsection 4, paragraph “b” or “c” , a person commits a class “C” 16 felony. 17 7. On a second or subsequent offense of elder abuse under 18 subsection 4, paragraph “d” or “e” , a person commits a class “D” 19 felony. 20 8. It does not constitute a defense to a prosecution for any 21 violation of this section that the alleged perpetrator did not 22 know the age of the victim. 23 9. In a criminal action in which an older individual is 24 a victim, the state may move the court to advance the trial 25 on the docket. The presiding judge, after consideration of 26 the age and health of the victim, may advance the trial on 27 the docket. The motion may be filed and served with the 28 information or charges at any time. 29 10. a. A conviction or 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 -9- LSB 5440ST (7) 88 pf/rh 9/ 31

S.F. 2108 is a second or subsequent offense, deferred judgments issued 1 pursuant to section 907.3 for violations of this section, or 2 judgments or deferred judgments issued pursuant to section 3 708.2D or 714.2A, and convictions or the equivalent of deferred 4 judgments for violations in any other state under statutes 5 substantially corresponding to this section shall be counted 6 as previous offenses. The courts shall judicially notice the 7 statutes of other states which define offenses substantially 8 equivalent to the offenses defined in this section and can 9 therefore be considered corresponding statutes. Each previous 10 violation on which conviction or deferral of judgment was 11 entered prior to the date of the offense charged shall be 12 considered and counted 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 11. If a person is convicted or receives a deferred judgment 16 for, or pleads guilty to a violation of this section, the 17 court shall modify the no-contact order issued upon initial 18 appearance in the manner provided in section 664A.5, regardless 19 of whether the person is placed on probation. 20 12. The clerk of the district court shall provide notice 21 and copies of a judgment entered under this section to the 22 applicable law enforcement agencies and the twenty-four-hour 23 dispatcher for the law enforcement agencies, in the manner 24 provided for protective orders under section 235F. The 25 clerk shall provide notice and copies of modifications of the 26 judgment in the same manner. 27 Sec. 5. NEW SECTION . 726.25 Financial exploitation of an 28 older individual. 29 1. For the purposes of this section: 30 a. “Caregiver” means an individual who has the 31 responsibility for the care or custody of an older individual, 32 whether voluntarily, by contract, through employment, or as a 33 result of the operation of law, and includes but is not limited 34 to a family member or other individual who provides compensated 35 -10- LSB 5440ST (7) 88 pf/rh 10/ 31

S.F. 2108 or uncompensated care to an older individual. 1 b. “Coercion” means communication or conduct which compels 2 an older individual to act or refrain from acting against the 3 older individual’s will. 4 c. “Older individual” means an individual who is sixty years 5 of age or older. 6 d. “Stands in a position of trust or confidence” means the 7 person has any of the following relationships relative to the 8 older individual: 9 (1) Is a parent, spouse, adult child, or other relative by 10 consanguinity or affinity of the older individual. 11 (2) Is a joint tenant or tenant in common with the older 12 individual. 13 (3) Has a legal or fiduciary relationship with the older 14 individual. For the purposes of this paragraph, a legal or 15 fiduciary relationship with the older individual does not 16 include a legal or fiduciary relationship an older individual 17 may have with a bank incorporated under the provisions of any 18 state or federal law, any savings and loan association or 19 savings bank incorporated under the provisions of any state or 20 federal law, or any credit union organized under the provisions 21 of any state or federal law. 22 (4) Is a financial planning or investment professional 23 providing or offering to provide financial planning or 24 investment advice to the older individual. 25 (5) Is a beneficiary of the older individual in a governing 26 instrument. 27 (6) Is a caregiver for the older individual. 28 (7) Is a person who has otherwise formed a relationship 29 of trust or reliance with the older individual such that the 30 person should reasonably expect that the older individual would 31 likely rely upon the person to act in good faith for the older 32 individual’s interest. 33 e. “Undue influence” means excessive persuasion by a person 34 that causes an older individual to act or refrain from acting 35 -11- LSB 5440ST (7) 88 pf/rh 11/ 31

S.F. 2108 by overcoming an older individual’s free will and results in 1 inequity. In determining whether a result was produced by 2 undue influence, all of the following shall be considered: 3 (1) The vulnerability of the older individual. Evidence of 4 vulnerability may include but is not limited to incapacity, 5 illness, disability, injury, age, education, impaired cognitive 6 function, emotional distress, isolation, or dependency, and 7 whether the person knew or should have known of the alleged 8 older individual’s vulnerability. 9 (2) The person’s apparent authority. Evidence of 10 apparent authority may include but is not limited to status 11 as a fiduciary, family member, care provider, health care 12 professional, legal professional, spiritual advisor, expert, 13 or other qualifications. 14 (3) The person’s actions or tactics. Evidence of actions 15 or tactics used may include but is not limited to all of the 16 following: 17 (a) Controlling necessaries of life, medication, the older 18 individual’s interactions with others, access to information, 19 or sleep. 20 (b) Use of affection, intimidation, or coercion. 21 (c) Initiation of changes in personal or property rights, 22 use of haste or secrecy in effecting those changes, effecting 23 changes at inappropriate times and places, and claims of 24 expertise in effecting changes. 25 (4) The equity of the result. Evidence of the equity of 26 the result may include but is not limited to the economic 27 consequences to the older individual; any divergence from the 28 older individual’s prior intent, course of conduct, or dealing; 29 the relationship of the value conveyed to the value of any 30 services or consideration received; or the appropriateness 31 of the change in light of the length and nature of the 32 relationship. Evidence of an inequitable result, without more, 33 is not sufficient to prove undue influence. 34 2. A person commits financial exploitation of an older 35 -12- LSB 5440ST (7) 88 pf/rh 12/ 31

S.F. 2108 individual when the person stands in a position of trust or 1 confidence with the older individual and knowingly and by undue 2 influence, deception, coercion, fraud, breach of fiduciary 3 duty, or extortion, obtains control over or otherwise uses the 4 benefits, property, resources, belongings, or assets of the 5 older individual. 6 3. A person who commits a first offense of financial 7 exploitation of an older individual is guilty of the following, 8 as applicable: 9 a. A serious misdemeanor if the value of the benefits, 10 property, resources, belongings, or assets is one hundred 11 dollars or less. 12 b. An aggravated misdemeanor if the value of the benefits, 13 property, resources, belongings, or assets exceeds one hundred 14 dollars but does not exceed one thousand dollars. 15 c. A class “D” felony if the value of the benefits, 16 property, resources, belongings, or assets exceeds one thousand 17 dollars but does not exceed ten thousand dollars. 18 d. A class “C” felony if the value of the benefits, 19 property, resources, belongings, or assets exceeds ten thousand 20 dollars but does not exceed fifty thousand dollars. 21 e. A class “B” felony if the value of the benefits, 22 property, resources, belongings, or assets exceeds fifty 23 thousand dollars, or if the older individual is seventy years 24 of age to eighty years of age and the value of the benefits, 25 property, resources, belongings, or assets is fifteen thousand 26 dollars or more, or if the older individual is eighty years 27 of age or older and the value of the benefits, property, 28 resources, belongings, or assets is five thousand dollars or 29 more. 30 4. On a second or subsequent offense of financial 31 exploitation of an older individual, a person commits a class 32 “C” felony if the value of the benefits, property, resources, 33 belongings, or assets does not exceed fifty thousand dollars 34 unless subsection 3, paragraph “e” applies. 35 -13- LSB 5440ST (7) 88 pf/rh 13/ 31

S.F. 2108 5. Nothing in this section shall be construed to limit other 1 remedies available to the older individual including those 2 provided under chapters 235F and 236. 3 6. Nothing in this section shall be construed to impose 4 criminal liability on a person who has made a good-faith effort 5 to assist an older individual in the management of the older 6 individual’s benefits, property, resources, belongings, or 7 assets, but through no fault of the person, the person has been 8 unable to provide such assistance. 9 7. It shall not be a defense to financial exploitation of 10 an older individual that the alleged perpetrator did not know 11 the age of the older individual or reasonably believed that the 12 alleged victim was not an older individual. 13 8. In a criminal action in which an older individual is a 14 victim, the state may make a motion to the court to advance the 15 trial on the docket. The presiding judge, after consideration 16 of the age and health of the victim, may grant a motion to 17 advance the trial on the docket. The motion may be filed and 18 served with the information or charges at any time. 19 9. a. A conviction or deferred judgment for or plea of 20 guilty to a violation of this section which occurred more than 21 twelve years prior to the date of the violation charged shall 22 not be considered in determining whether the violation charged 23 is a second or subsequent offense. 24 b. For the purpose of determining if a violation charged 25 is a second or subsequent offense, deferred judgments issued 26 pursuant to section 907.3 for violations of this section or 27 judgments or deferred judgments issued pursuant to section 28 708.2D or 714.2A, and convictions or the equivalent of deferred 29 judgments for violations in any other state under statutes 30 substantially corresponding to this section shall be counted 31 as previous offenses. The courts shall judicially notice the 32 statutes of other states which define offenses substantially 33 equivalent to the offenses defined in this section and can 34 therefore be considered corresponding statutes. Each previous 35 -14- LSB 5440ST (7) 88 pf/rh 14/ 31

S.F. 2108 violation on which conviction or deferral of judgment was 1 entered prior to the date of the offense charged shall be 2 considered and counted as a separate previous offense. 3 c. An offense shall be considered a prior offense regardless 4 of whether it was committed upon the same victim. 5 10. If a person is convicted of, receives a deferred 6 judgment for, or pleads guilty to a violation of this section, 7 the court shall modify the no-contact order issued upon initial 8 appearance in the manner provided in section 664A.5, regardless 9 of whether the person is placed on probation. 10 11. The clerk of the district court shall provide notice 11 and copies of a judgment entered under this section to the 12 applicable law enforcement agencies and the twenty-four-hour 13 dispatcher for the law enforcement agencies, in the manner 14 provided for protective orders under section 235F. The 15 clerk shall provide notice and copies of modifications of the 16 judgment in the same manner. 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 -15- LSB 5440ST (7) 88 pf/rh 15/ 31

S.F. 2108 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 2020, 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 2020, 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 -16- LSB 5440ST (7) 88 pf/rh 16/ 31

S.F. 2108 Facilities, and Older Individuals”. 1 DIVISION II 2 CONFORMING CHANGES 3 Sec. 9. Section 13.2, subsection 1, Code 2020, 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 103.9, subsection 3, Code 2020, is amended 12 to read as follows: 13 3. Conviction of a felony in Iowa that is sexual abuse 14 in violation of section 709.4 , a sexually violent offense 15 as defined in section 229A.2 , the offense of elder abuse in 16 violation of section 726.24, the offense of dependent adult 17 abuse in violation of section 235B.20 726.26 , a forcible felony 18 as defined in section 702.11 , or the offense of domestic 19 abuse assault in violation of section 708.2A , or the offense 20 of older individual assault in violation of section 708.2D, 21 shall be grounds for denial, revocation, or suspension of a 22 license. Conviction for any other felony shall not be grounds 23 for denial, revocation, or suspension. A conviction of a 24 crime in violation of federal law or in violation of the law 25 of another state shall be given the same effect as it would if 26 such conviction had been under Iowa law. If federal law or the 27 laws of another state do not provide for offenses or violations 28 denominated or described in precisely the same words as Iowa 29 law, the department shall determine whether those offenses or 30 violations are substantially similar in nature to Iowa law and 31 apply those offenses or violations accordingly. 32 Sec. 11. Section 103.10, subsection 6, Code 2020, is amended 33 to read as follows: 34 6. Conviction of a felony in Iowa that is sexual abuse 35 -17- LSB 5440ST (7) 88 pf/rh 17/ 31

S.F. 2108 in violation of section 709.4 , a sexually violent offense 1 as defined in section 229A.2 , the offense of elder abuse in 2 violation of section 726.24, the offense of dependent adult 3 abuse in violation of section 235B.20 726.26 , a forcible felony 4 as defined in section 702.11 , or the offense of domestic 5 abuse assault in violation of section 708.2A , or the offense 6 of older individual assault in violation of section 708.2D, 7 shall be grounds for denial, revocation, or suspension of a 8 license. Conviction for any other felony shall not be grounds 9 for denial, revocation, or suspension. A conviction of a 10 crime in violation of federal law or in violation of the law 11 of another state shall be given the same effect as it would if 12 such conviction had been under Iowa law. If federal law or the 13 laws of another state do not provide for offenses or violations 14 denominated or described in precisely the same words as Iowa 15 law, the department shall determine whether those offenses or 16 violations are substantially similar in nature to Iowa law and 17 apply those offenses or violations accordingly. 18 Sec. 12. Section 103.12, subsection 6, Code 2020, is amended 19 to read as follows: 20 6. Conviction of a felony in Iowa that is sexual abuse 21 in violation of section 709.4 , a sexually violent offense 22 as defined in section 229A.2 , the offense of elder abuse in 23 violation of section 726.24, the offense of dependent adult 24 abuse in violation of section 235B.20 726.26 , a forcible felony 25 as defined in section 702.11 , or the offense of domestic 26 abuse assault in violation of section 708.2A , or the offense 27 of older individual assault in violation of section 708.2D, 28 shall be grounds for denial, revocation, or suspension of a 29 license. Conviction for any other felony shall not be grounds 30 for denial, revocation, or suspension. A conviction of a 31 crime in violation of federal law or in violation of the law 32 of another state shall be given the same effect as it would if 33 such conviction had been under Iowa law. If federal law or the 34 laws of another state do not provide for offenses or violations 35 -18- LSB 5440ST (7) 88 pf/rh 18/ 31

S.F. 2108 denominated or described in precisely the same words as Iowa 1 law, the department shall determine whether those offenses or 2 violations are substantially similar in nature to Iowa law and 3 apply those offenses or violations accordingly. 4 Sec. 13. Section 103.12A, subsection 4, Code 2020, is 5 amended to read as follows: 6 4. Conviction of a felony in Iowa that is sexual abuse 7 in violation of section 709.4 , a sexually violent offense 8 as defined in section 229A.2 , the offense of elder abuse in 9 violation of section 726.24, the offense of dependent adult 10 abuse in violation of section 235B.20 726.26 , a forcible felony 11 as defined in section 702.11 , or the offense of domestic 12 abuse assault in violation of section 708.2A , or the offense 13 of older individual assault in violation of section 708.2D, 14 shall be grounds for denial, revocation, or suspension of a 15 license. Conviction for any other felony shall not be grounds 16 for denial, revocation, or suspension. A conviction of a 17 crime in violation of federal law or in violation of the law 18 of another state shall be given the same effect as it would if 19 such conviction had been under Iowa law. If federal law or the 20 laws of another state do not provide for offenses or violations 21 denominated or described in precisely the same words as Iowa 22 law, the department shall determine whether those offenses or 23 violations are substantially similar in nature to Iowa law and 24 apply those offenses or violations accordingly. 25 Sec. 14. Section 103.13, subsection 4, Code 2020, is amended 26 to read as follows: 27 4. Conviction of a felony in Iowa that is sexual abuse 28 in violation of section 709.4 , a sexually violent offense 29 as defined in section 229A.2 , the offense of elder abuse in 30 violation of section 726.24, the offense of dependent adult 31 abuse in violation of section 235B.20 726.26 , a forcible felony 32 as defined in section 702.11 , or the offense of domestic 33 abuse assault in violation of section 708.2A , or the offense 34 of older individual assault in violation of section 708.2D, 35 -19- LSB 5440ST (7) 88 pf/rh 19/ 31