Senate
File
300
-
Introduced
SENATE
FILE
300
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
the
definition
of
dependent
adult
abuse,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
235B.2,
subsection
5,
paragraph
a,
1
subparagraph
(1),
Code
2021,
is
amended
by
adding
the
following
2
new
subparagraph
division:
3
NEW
SUBPARAGRAPH
DIVISION
.
(e)
The
death
of
a
dependent
4
adult.
5
Sec.
2.
Section
235B.20,
Code
2021,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
1A.
A
caretaker
who
intentionally
or
8
recklessly
commits
dependent
adult
abuse
on
a
dependent
adult
9
in
violation
of
this
chapter
is
guilty
of
a
class
“B”
felony
if
10
the
intentional
or
reckless
dependent
adult
abuse
results
in
11
death.
12
Sec.
3.
Section
235E.1,
subsection
5,
paragraph
a,
13
subparagraph
(1),
Code
2021,
is
amended
by
adding
the
following
14
new
subparagraph
division:
15
NEW
SUBPARAGRAPH
DIVISION
.
(e)
The
death
of
a
dependent
16
adult.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
definition
of
dependent
adult
abuse
21
and
provides
penalties.
22
The
bill
adds
the
death
of
a
dependent
adult
that
occurs
due
23
to
certain
acts
or
omissions
by
a
caretaker
to
the
definition
24
of
dependent
adult
abuse
for
purposes
of
the
dependent
adult
25
abuse
registry
under
Code
chapters
235B
(dependent
adult
abuse
26
in
the
community)
and
235E
(dependent
adult
abuse
in
facilities
27
and
programs).
28
A
“caretaker”
for
purposes
of
Code
chapter
235B
means
a
29
related
or
nonrelated
person
who
has
the
responsibility
for
30
the
protection,
care,
or
custody
of
a
dependent
adult
as
a
31
result
of
assuring
the
responsibility
voluntarily,
by
contract,
32
through
employment,
or
by
order
of
the
court.
A
“caretaker”
33
for
purposes
of
Code
chapter
235E
means
a
person
who
is
a
staff
34
member
of
a
facility
or
program
who
provides
care,
protection,
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or
services
to
a
dependent
adult
voluntarily,
by
contract,
1
through
employment,
or
by
order
of
the
court.
2
The
bill
provides
that
a
caretaker
who
intentionally
3
or
recklessly
commits
dependent
adult
abuse
on
a
dependent
4
adult
under
Code
chapter
235B
commits
a
class
“B”
felony.
By
5
operation
of
law,
this
provision
also
applies
to
a
caretaker
6
who
intentionally
or
recklessly
commits
dependent
adult
abuse
7
on
a
dependent
adult
in
violation
of
Code
chapter
235E
pursuant
8
to
Code
section
235E.4.
A
class
“B”
felony
is
punishable
by
9
confinement
for
no
more
than
25
years.
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