Senate Study Bill 1062 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act including personal degradation of a dependent adult as 1 a form of dependent adult abuse by a caretaker regulated 2 by the department of human services, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1749XC (2) 88 hb/rh

S.F. _____ Section 1. Section 235B.2, subsection 5, paragraph a, Code 1 2019, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) (a) Personal degradation of a 3 dependent adult by a caretaker. 4 (b) “Personal degradation” means a willful act or statement 5 by a caretaker intended to shame, degrade, humiliate, or 6 otherwise harm the personal dignity of a dependent adult, or 7 where the caretaker knew or reasonably should have known the 8 act or statement would cause shame, degradation, humiliation, 9 or harm to the personal dignity of a reasonable person. 10 “Personal degradation” includes the taking, transmission, 11 or display of an electronic image of a dependent adult by a 12 caretaker, where the caretaker’s actions constitute a willful 13 act or statement intended to shame, degrade, humiliate, or 14 otherwise harm the personal dignity of the dependent adult, 15 or where the caretaker knew or reasonably should have known 16 the act would cause shame, degradation, humiliation, or harm 17 to the personal dignity of a reasonable person. “Personal 18 degradation” does not include the taking, transmission, or 19 display of an electronic image of a dependent adult for the 20 purpose of reporting dependent adult abuse to law enforcement, 21 the department, or other regulatory agency that oversees 22 caretakers or enforces abuse or neglect provisions, or for the 23 purpose of treatment or diagnosis or as part of an ongoing 24 investigation. “Personal degradation” also does not include 25 the taking, transmission, or display of an electronic image by 26 a caretaker who takes, transmits, or displays the electronic 27 image in accordance with the confidentiality policy and release 28 of information or consent policies of a contractor, employer, 29 or facility or program not covered under section 235E.1, 30 subsection 5, paragraph “a” , subparagraph (3). 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 includes personal degradation as a form of 35 -1- LSB 1749XC (2) 88 hb/rh 1/ 3

S.F. _____ dependent adult abuse by a caretaker regulated by the 1 department of human services pursuant to Code chapter 2 235B (dependent adult abuse). The bill defines “personal 3 degradation” as a willful act or statement by a caretaker 4 intended to shame, degrade, humiliate, or otherwise harm 5 a dependent adult’s personal dignity, or a willful act 6 or statement by a caretaker where the caretaker knew or 7 reasonably should have known the act or statement would 8 shame, degrade, humiliate, or otherwise harm the dependent 9 adult’s personal dignity. “Personal degradation” includes 10 the taking, transmission, or display of an electronic image 11 of a dependent adult by a caretaker, where the caretaker’s 12 actions constitute a willful act or statement intended to 13 shame, degrade, humiliate, or otherwise harm the personal 14 dignity of the dependent adult. The bill creates an exception 15 to the definition for electronic images of a dependent adult 16 that are taken, transmitted, or displayed for the purpose of 17 reporting dependent adult abuse or for the purpose of treatment 18 or diagnosis or as part of an ongoing investigation. The bill 19 provides “personal degradation” does not include the taking, 20 transmission, or display of an electronic image by a caretaker 21 who takes, transmits, or displays the electronic image in 22 accordance with the confidentiality policy and release of 23 information or consent policies of a contractor, employer, 24 or facility or program not regulated by the department 25 of inspections and appeals pursuant to Code chapter 235E 26 (dependent adult abuse in facilities and programs). 27 For purposes of Code chapter 235B, a caretaker is defined 28 as a related or nonrelated person who has the responsibility 29 for the protection, care, or custody of a dependent adult as a 30 result of assuming the responsibility voluntarily, by contract, 31 through employment, or by order of the court. 32 A caretaker who commits the crime of dependent adult abuse 33 by personal degradation is guilty of a serious misdemeanor. 34 A serious misdemeanor is punishable by confinement for no 35 -2- LSB 1749XC (2) 88 hb/rh 2/ 3

S.F. _____ more than one year and a fine of at least $315 but not more 1 than $1,875. A caretaker who is the subject of a report of 2 dependent adult abuse may be placed on the dependent adult 3 abuse registry. 4 -3- LSB 1749XC (2) 88 hb/rh 3/ 3