Senate Study Bill 1061 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act creating the criminal offense of theft against a 1 vulnerable elder and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1073XC (1) 88 mo/rh

S.F. _____ Section 1. NEW SECTION . 714.2A Theft against a vulnerable 1 elder. 2 1. For the purposes of this section, “vulnerable elder” 3 means a person sixty years of age or older who is unable to 4 protect the person’s self from elder abuse as a result of age 5 and a mental or physical condition. 6 2. Notwithstanding the penalties specified in section 7 714.2, all of the following shall apply if a theft is committed 8 against a person who was a vulnerable elder at the time the 9 theft was committed: 10 a. If the person commits theft in the first degree pursuant 11 to section 714.2, subsection 1, the person is guilty of a class 12 “C” felony and, notwithstanding section 902.9, subsection 1, 13 paragraph “d” , the maximum sentence for a person convicted 14 under this paragraph shall be a period of confinement of not 15 more than twelve years and a fine of at least two thousand five 16 hundred dollars but not more than twelve thousand dollars. 17 b. If the person commits theft in the second degree pursuant 18 to section 714.2, subsection 2, the person is guilty of a class 19 “D” felony and, notwithstanding section 902.9, subsection 1, 20 paragraph “e” , the maximum sentence for a person convicted under 21 this paragraph shall be a period of confinement of not more 22 than seven years and a fine of at least one thousand dollars 23 but not more than twelve thousand dollars. 24 c. If the person commits theft in the third degree pursuant 25 to section 714.2, subsection 3, the person is guilty of an 26 aggravated misdemeanor and, notwithstanding section 903.1, 27 subsection 2, the maximum sentence for a person convicted under 28 this paragraph shall be a period of confinement of not more 29 than four years and a fine of at least eight hundred dollars 30 but not more than seven thousand five hundred dollars. 31 d. If the person commits theft in the fourth degree 32 pursuant to section 714.2, subsection 4, the person is guilty 33 of a serious misdemeanor and, notwithstanding section 903.1, 34 subsection 1, paragraph “b” , the maximum sentence for a person 35 -1- LSB 1073XC (1) 88 mo/rh 1/ 3

S.F. _____ convicted under this paragraph shall be a period of confinement 1 of not more than eighteen months and a fine of at least five 2 hundred dollars but not more than two thousand five hundred 3 dollars. 4 e. If the person commits theft in the fifth degree pursuant 5 to section 714.2, subsection 5, the person is guilty of 6 a simple misdemeanor and, notwithstanding section 903.1, 7 subsection 1, paragraph “a” , the maximum sentence for a person 8 convicted under this paragraph shall be a period of confinement 9 of not more than sixty days and a fine of at least one hundred 10 fifty dollars but not more than one thousand dollars. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill creates the criminal offense of theft against a 15 vulnerable elder and provides penalties. 16 The bill defines a vulnerable elder as a person 60 years 17 of age or older who is unable to protect the person’s self 18 from elder abuse as a result of age and a mental or physical 19 condition. 20 The bill provides that a person is subject to criminal 21 penalties if a person commits theft against another person who 22 was a vulnerable elder at the time the theft was committed. 23 If the person commits theft in the first degree, the person 24 is guilty of a class “C” felony and the maximum sentence for 25 the person convicted shall be for a period of confinement 26 of not more than 12 years and a fine of at least $2,500 but 27 not more than $12,000. If the person commits theft in the 28 second degree, the person is guilty of a class “D” felony and 29 the maximum sentence for the person convicted shall be for a 30 period of confinement of not more than seven years and a fine 31 of at least $1,000 but not more than $12,000. If the person 32 commits theft in the third degree, the person is guilty of an 33 aggravated misdemeanor and the maximum sentence for the person 34 convicted shall be for a period of confinement of not more than 35 -2- LSB 1073XC (1) 88 mo/rh 2/ 3

S.F. _____ four years and a fine of at least $800 but not more than $7,500. 1 If the person commits theft in the fourth degree, the person is 2 guilty of a serious misdemeanor and the maximum sentence for 3 the person convicted shall be for a period of confinement of 4 not more than 18 months and a fine of at least $500 but not 5 more than $2,500. If the person commits theft in the fifth 6 degree, the person is guilty of a simple misdemeanor and the 7 maximum sentence for the person convicted shall be for a period 8 of confinement of not more than 60 days and a fine of at least 9 $150 but not more than $1,000. 10 -3- LSB 1073XC (1) 88 mo/rh 3/ 3