S.F. 450 Section 1. Section 235B.20, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. A caretaker who intentionally or 3 recklessly commits dependent adult abuse on a dependent adult 4 in violation of this chapter which resulted in the death of 5 the dependent adult is guilty of murder in the second degree 6 in violation of section 707.3. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the death of a dependent adult and 11 provides penalties. 12 The bill provides that a caretaker who intentionally or 13 recklessly commits dependent adult abuse in violation of Code 14 chapter 235B which resulted in the death of a dependent adult 15 is guilty of murder in the second degree. By operation of law, 16 this provision also applies to a caretaker who intentionally or 17 recklessly commits dependent adult abuse which resulted in the 18 death of a dependent adult in violation of Code chapter 235E 19 pursuant to Code section 235E.4. Murder in the second degree 20 is a class “B” felony punishable by confinement for no more 21 than 50 years. 22 A “caretaker” for purposes of Code chapter 235B means a 23 related or nonrelated person who has the responsibility for 24 the protection, care, or custody of a dependent adult as a 25 result of assuring the responsibility voluntarily, by contract, 26 through employment, or by order of the court. A “caretaker” 27 for purposes of Code chapter 235E means a person who is a staff 28 member of a facility or program who provides care, protection, 29 or services to a dependent adult voluntarily, by contract, 30 through employment, or by order of the court. 31 -1- LSB 2462SV (2) 89 dg/rh 1/ 1