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Senate Study Bill 1073 - IntroducedA Bill ForAn Act 1relating to older individuals and dependent adults and
2creating certain criminal offenses and civil actions, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS
3 Section 1. NEW SECTION. 708.2D Older individual assault —
4mandatory minimums, penalties enhanced — extension of no-contact
5order.
61. For the purposes of this section:
7a. “Older individual” means the same as defined in section
8726.24.
9b. “Older individual assault” means an assault, as defined
10in section 708.1, of an older individual.
112. On a first offense of older individual assault, the
12person commits:
13a. A simple misdemeanor, except as otherwise provided.
14b. A serious misdemeanor, if the older individual assault
15causes bodily injury or mental illness.
16c. An aggravated misdemeanor, if the older individual
17assault is committed with the intent to inflict a serious
18injury upon an older individual, or if the person uses or
19displays a dangerous weapon in connection with the assault.
20This paragraph does not apply if section 708.6 or 708.8
21applies.
22d. An aggravated misdemeanor, if the older individual
23assault is committed by knowingly impeding the normal breathing
24or circulation of the blood of an older individual by applying
25pressure to the throat or neck of the older individual or by
26obstructing the nose or mouth of the older individual.
273. Except as otherwise provided in subsection 2, on a second
28older individual assault, a person commits:
29a. A serious misdemeanor if the first offense was classified
30as a simple misdemeanor and the second offense would otherwise
31be classified as a simple misdemeanor.
32b. An aggravated misdemeanor if the first offense was
33classified as a simple or aggravated misdemeanor and the second
34offense would otherwise be classified as a serious misdemeanor,
35or the first offense was classified as a serious or aggravated
-1-1misdemeanor, and the second offense would otherwise be
2classified as a simple or serious misdemeanor.
34. On a third or subsequent offense of older individual
4assault, a person commits a class “D” felony.
55. For an older individual assault committed by knowingly
6impeding the normal breathing or circulation of the blood of an
7older individual by applying pressure to the throat or neck of
8the older individual or by obstructing the nose or mouth of the
9older individual, and causing bodily injury, the person commits
10a class “D” felony.
116. a. A conviction for, deferred judgment for, or plea of
12guilty to, a violation of this section which occurred more than
13twelve years prior to the date of the violation charged shall
14not be considered in determining that the violation charged is
15a second or subsequent offense.
16b. For the purpose of determining if a violation charged
17is a second or subsequent offense, deferred judgments issued
18pursuant to section 907.3 for violations of section 708.2 or
19this section, which were issued on older individual assaults,
20and convictions or the equivalent of deferred judgments for
21violations in any other states under statutes substantially
22corresponding to this section shall be counted as previous
23offenses. The courts shall judicially notice the statutes of
24other states which define offenses substantially equivalent
25to the offenses defined in this section and can therefore be
26considered corresponding statutes. Each previous violation on
27which conviction or deferral of judgment was entered prior to
28the date of the offense charged shall be considered and counted
29as a separate previous offense.
30c. An offense shall be considered a prior offense regardless
31of whether it was committed upon the same victim.
327. a. A person convicted of violating subsection 2 or 3
33shall serve a minimum term of two days of the sentence imposed
34by law, and shall not be eligible for suspension of the minimum
35sentence. The minimum term shall be served on consecutive
-2-1days. The court shall not impose a fine in lieu of the minimum
2sentence, although a fine may be imposed in addition to the
3minimum sentence. This section does not prohibit the court
4from sentencing and the person from serving the maximum term of
5confinement or from paying the maximum fine permitted pursuant
6to chapters 902 and 903, and does not prohibit the court from
7entering a deferred judgment or sentence pursuant to section
8907.3, if the person has not previously received a deferred
9sentence or judgment for a violation of section 708.2 or this
10section which was issued on an older individual assault.
11b. A person convicted of violating subsection 4 shall
12be sentenced as provided under section 902.9, subsection 1,
13paragraph “e”, and shall be denied parole or work release until
14the person has served a minimum of one year of the person’s
15sentence. Notwithstanding section 901.5, subsections 1, 3, and
165, and section 907.3, the person cannot receive a suspended or
17deferred sentence or a deferred judgment; however, the person
18sentenced shall receive credit for any time the person was
19confined in a jail or detention facility following arrest.
208. If a person is convicted for, receives a deferred
21judgment for, or pleads guilty to a violation of this section,
22the court shall modify the no-contact order issued upon initial
23appearance in the manner provided in section 664A.5, regardless
24of whether the person is placed on probation.
259. The clerk of the district court shall provide notice
26and copies of a judgment entered under this section to the
27applicable law enforcement agencies and the twenty-four-hour
28dispatcher for the law enforcement agencies, in the manner
29provided for protective orders under chapter 235F. The
30clerk shall provide notice and copies of modifications of the
31judgment in the same manner.
32 Sec. 2. NEW SECTION. 714.2A Theft against an older
33individual.
341. If a person commits theft against an individual who
35was an older individual at the time the theft was committed,
-3-1notwithstanding the penalties specified in section 714.2, all
2of the following shall apply:
3a. If a person commits theft in the first degree pursuant to
4section 714.2, subsection 1, the person is guilty of a class
5“B” felony.
6b. If a person commits theft in the second degree pursuant
7to section 714.2, subsection 2, the person is guilty of a class
8“C” felony.
9c. If a person commits theft in the third degree pursuant to
10section 714.2, subsection 3, the person is guilty of a class
11“D” felony.
12d. If a person commits theft in the fourth degree pursuant
13to section 714.2, subsection 4, the person is guilty of an
14aggravated misdemeanor.
15e. If a person commits theft in the fifth degree pursuant to
16section 714.2, subsection 5, the person is guilty of a serious
17misdemeanor.
182. For the purposes of this section, “older individual”
19means an individual who is sixty years of age or older.
20 Sec. 3. Section 714.16A, Code 2019, is amended to read as
21follows:
22714.16A Additional civil penalty for consumer frauds
23committed against elderly older individuals — fund established.
241. a. If a person violates section 714.16, and the
25violation is committed against an older person individual,
26in an action brought by the attorney general, in addition to
27any other civil penalty, the court may impose an additional
28civil penalty not to exceed five thousand dollars for each
29such violation. Additionally, the attorney general may
30accept a civil penalty as determined by the attorney general
31in settlement of an investigation of a violation of section
32714.16, regardless of whether an action has been filed pursuant
33to section 714.16.
34b. A civil penalty imposed by a court or determined and
35accepted by the attorney general pursuant to this section shall
-4-1be paid to the treasurer of state, who shall deposit the money
2in the elderly victim fund, a separate fund created in the
3state treasury and administered by the attorney general for the
4investigation and prosecution of frauds against the elderly.
5Notwithstanding section 8.33, any balance in the fund on June
630 of any fiscal year shall not revert to the general fund
7of the state. An award of reimbursement pursuant to section
8714.16 has priority over a civil penalty imposed by the court
9pursuant to this subsection.
102. In determining whether to impose a civil penalty under
11subsection 1, and the amount of any such penalty, the court
12shall consider the following:
13a. Whether the defendant’s conduct was in willful disregard
14of the rights of the older person individual.
15b. Whether the defendant knew or should have known that the
16defendant’s conduct was directed to an older person individual.
17c. Whether the older person individual was substantially
18more vulnerable to the defendant’s conduct because of age, poor
19health, infirmity, impaired understanding, restricted mobility,
20or disability, than other persons.
21d. Any other factors the court deems appropriate.
223. As used in this section, “older person” individual” means
23a person who is sixty-five years of age or an individual who is
24sixty years of age or older.
25 Sec. 4. NEW SECTION. 726.24 Elder abuse — initiation of
26charges — penalty.
271. As used in this section unless the context otherwise
28requires:
29a. “Abuse” means the knowing infliction of physical or
30psychological harm or the knowing deprivation of goods or
31services that are necessary to meet essential needs or to avoid
32physical harm or psychological harm. “Abuse” includes but is
33not limited to any of the following:
34(1) Physical injury to, or injury which is at a variance
35with the history given of the injury, or unreasonable
-5-1confinement, unreasonable punishment, or assault of an older
2individual.
3(2) The commission of a sexual offense under chapter 709 or
4section 726.2 with or against an older individual.
5(3) Sexual exploitation of an older individual.
6(4) The commission of older individual assault under
7section 708.2D.
8b. “Caregiver” means an individual who has the
9responsibility for the care or custody of an older individual,
10whether voluntarily, by contract, by receipt of payment for
11care, or as a result of the operation of law, and includes
12but is not limited to a family member or other individual who
13provides, whether on the individual’s own behalf or on behalf
14of a public or private entity, compensated or uncompensated
15care to an older individual.
16c. “Elder abuse” means the abuse, neglect, or exploitation
17of an older individual. “Elder abuse” does not include any of
18the following:
19(1) Circumstances in which the older individual declines
20medical treatment if the older individual holds a belief or is
21an adherent of a religion whose tenets and practices call for
22reliance on spiritual means in place of reliance on medical
23treatment.
24(2) Circumstances in which the older individual’s caregiver
25or fiduciary, acting in accordance with the older individual’s
26stated or implied consent, declines medical treatment if the
27older individual holds a belief or is an adherent of a religion
28whose tenets and practices call for reliance on spiritual means
29in place of reliance on medical treatment.
30(3) The withholding or withdrawing of health care from
31an older individual who is terminally ill in the opinion of
32a licensed physician, when the withholding or withdrawing of
33health care is done at the request of the older individual or
34at the request of the older individual’s next of kin, attorney
35in fact, or guardian pursuant to the applicable procedures
-6-1under chapter 125, 144A, 144B, 222, 229, or 633.
2d. “Fiduciary” means a guardian, trustee, executor,
3administrator, receiver, conservator, attorney in fact, or
4any person, whether individual or corporate, acting in any
5fiduciary capacity for or on behalf of any older individual.
6e. “Neglect” means the failure of a caregiver or fiduciary
7to provide adequate food, shelter, clothing, supervision,
8physical or mental health care, and goods or services necessary
9to maintain the life, health, or safety of an older individual,
10which if not provided would constitute denial of critical care.
11f. “Older individual” means an individual who is sixty years
12of age or older.
13g. “Older individual assault” means the same as defined in
14section 708.2D.
15h. “Physical harm” means bodily injury, impairment, or
16disease.
17i. “Psychological harm” means an injury to the intellectual
18functioning or emotional state of an older individual as
19evidenced by an observable or measurable reduction in the older
20adult’s ability to function within that individual’s customary
21range of performance and that individual’s behavior.
22j. “Serious injury” means the same as defined in section
23702.18.
24k. “Sexual exploitation” includes sexual exploitation
25and means any sexual contact against an older individual’s
26will. This includes acts in which the older individual is
27unable to understand the act or is unable to communicate or is
28under undue influence and includes coerced nudity; fondling,
29touching, or kissing, particularly the genitals; making the
30person fondle someone else's genitals; forcing the person to
31observe sexual acts; photographing the person in sexually
32explicit ways; sexual assault of any type (coercion to perform
33sexual acts), including rape or sodomy. Sexual contact is
34defined as intentional touching (either directly or through the
35clothing), of the genitalia, anus, groin, breast, mouth, inner
-7-1thigh, or buttocks.
2l. “Undue influence” means when a person uses or knowingly
3assists or causes another person to use that person’s role,
4relationship, or power to exploit the trust, dependency, or
5fear of an older individual, or uses or knowingly assists or
6causes another person to use that person’s role, relationship,
7or power to deceptively gain control over an older individual’s
8decision making process.
92. A charge of elder abuse may be initiated upon complaint
10of a private individual, as a result of an investigation by
11a social services agency, or on the direct initiative of the
12attorney general, a county attorney, or a law enforcement
13agency.
143. A person who intentionally commits elder abuse is guilty
15of a class “C” felony if the intentional elder abuse results
16in serious injury.
174. A person who recklessly commits elder abuse is guilty
18of a class “D” felony if the reckless elder abuse results in
19serious injury.
205. A person who intentionally commits elder abuse is guilty
21of a class “C” felony if the intentional elder abuse results
22in physical injury.
236. A person who recklessly commits elder abuse is guilty of
24an aggravated misdemeanor if the reckless elder abuse results
25in physical injury.
267. A person who otherwise intentionally or knowingly
27commits elder abuse is guilty of a serious misdemeanor.
288. A person alleged to have committed a violation under
29this section shall be charged with the respective offense
30cited, unless a charge may be brought based upon a more serious
31offense, in which case the charge of the more serious offense
32shall supersede the less serious charge.
339. It does not constitute a defense to a prosecution for any
34violation of this section that the alleged perpetrator did not
35know the age of the victim.
-8- 110. In a criminal action in which an older individual is
2a victim, the state may move the court to advance the trial
3on the docket. The presiding judge, after consideration of
4the age and health of the victim, may advance the trial on
5the docket. The motion may be filed and served with the
6information or charges or at any time.
711. a. A conviction or deferred judgment for or plea of
8guilty to a violation of this section which occurred more than
9twelve years prior to the date of the violation charged shall
10not be considered in determining that the violation charged is
11a second or subsequent offense.
12b. For the purpose of determining if a violation charged
13is a second or subsequent offense, deferred judgments issued
14pursuant to section 907.3 for violations of this section or
15section 708.2D, and convictions or the equivalent of deferred
16judgments for violations in any other state under statutes
17substantially corresponding to this section shall be counted
18as previous offenses. The courts shall judicially notice the
19statutes of other states which define offenses substantially
20equivalent to the offenses defined in this section and can
21therefore be considered corresponding statutes. Each previous
22violation on which conviction or deferral of judgment was
23entered prior to the date of the offense charged shall be
24considered and counted as a separate previous offense.
25c. An offense shall be considered a prior offense regardless
26of whether it was committed upon the same victim.
2712. If a person is convicted or receives a deferred judgment
28for, or pleads guilty to a violation of this section, the
29court shall modify the no-contact order issued upon initial
30appearance in the manner provided in section 664A.5, regardless
31of whether the person is placed on probation.
3213. The clerk of the district court shall provide notice
33and copies of a judgment entered under this section to the
34applicable law enforcement agencies and the twenty-four-hour
35dispatcher for the law enforcement agencies, in the manner
-9-1provided for protective orders under section 235F. The
2clerk shall provide notice and copies of modifications of the
3judgment in the same manner.
4 Sec. 5. NEW SECTION. 726.25 Financial exploitation of an
5older individual.
61. For the purposes of this section:
7a. “Caregiver” means an individual who has the
8responsibility for the care or custody of an older individual,
9whether voluntarily, by contract, through employment, or as a
10result of the operation of law, and includes but is not limited
11to a family member or other individual who provides compensated
12or uncompensated care to an older individual.
13b. “Coercion” means communication or conduct which compels
14an older individual to act or refrain from acting against the
15older individual’s will.
16c. “Older individual” means an individual who is sixty years
17of age or older.
18d. “Stands in a position of trust or confidence” means the
19person has any of the following relationships relative to the
20older individual:
21(1) Is a parent, spouse, adult child, or other relative by
22consanguinity or affinity of the older individual.
23(2) Is a joint tenant or tenant in common with the older
24individual.
25(3) Has a legal or fiduciary relationship with the older
26individual.
27(4) Is a financial planning or investment professional
28providing or offering to provide financial planning or
29investment advice to the older individual.
30(5) Is a beneficiary of the older individual in a governing
31instrument.
32(6) Is a caregiver for the older individual.
33(7) Is a person who is in a confidential relationship with
34the older individual. The determination of the existence of a
35confidential relationship is an issue of fact to be determined
-10-1by the court based upon the totality of the circumstances.
2e. “Undue influence” means taking advantage of a person’s
3role, relationship, or authority to improperly change or
4obtain control over the actions or decision making of an older
5individual.
62. A person commits financial exploitation of an older
7individual when the person stands in a position of trust or
8confidence with the older individual and knowingly and by undue
9influence, deception, coercion, fraud, breach of fiduciary
10duty, or extortion, obtains control over or otherwise uses the
11benefits, property, resources, belongings, or assets of the
12older individual.
133. A person who commits financial exploitation of an older
14individual is guilty of the following, as applicable:
15a. A serious misdemeanor if the value of the benefits,
16property, resources, belongings, or assets is one hundred
17dollars or less.
18b. A aggravated misdemeanor if the value of the benefits,
19property, resources, belongings, or assets exceeds one hundred
20dollars but does not exceed one thousand dollars.
21c. A class “D” felony if the value of the benefits,
22property, resources, belongings, or assets exceeds one thousand
23dollars but does not exceed ten thousand dollars.
24d. A class “C” felony if the value of the benefits,
25property, resources, belongings, or assets exceeds ten thousand
26dollars but does not exceed fifty thousand dollars.
27e. A class “B” felony if the value of the benefits,
28property, resources, belongings, or assets exceeds fifty
29thousand dollars, or if the older individual is seventy years
30of age to eighty years of age and the value of the benefits,
31property, resources, belongings, or assets is fifteen thousand
32dollars or more, or if the older individual is eighty years of
33age or older and value of the benefits, property, resources,
34belongings, or assets is five thousand dollars or more.
354. Nothing in this section shall be construed to limit other
-11-1remedies available to the older individual including those
2provided under chapters 235F and 236.
35. A person alleged to have committed a violation under
4this section shall be charged with the respective offense
5cited, unless a charge may be brought based upon a more serious
6offense, in which case the charge of the more serious offense
7shall supersede the less serious charge.
86. Nothing in this section shall be construed to impose
9criminal liability on a person who has made a good-faith effort
10to assist an older individual in the management of the older
11individual’s benefits, property, resources, belongings, or
12assets, but through no fault of the person the person has been
13unable to provide such assistance.
147. It shall not be a defense to financial exploitation of
15an older individual that the alleged perpetrator did not know
16the age of the older individual or reasonably believed that the
17alleged victim was not an older individual.
18 Sec. 6. NEW SECTION. 726.26 Dependent adult abuse —
19initiation of charges — penalty.
201. For the purposes of this section, “caretaker”, “dependent
21adult”, and “dependent adult abuse” mean the same as defined in
22section 235B.2.
232. A charge of dependent adult abuse may be initiated
24upon the complaint of a private individual, as a result of an
25investigation by a social service agency, or on the direct
26initiative of the office of the attorney general, a county
27attorney, or a law enforcement agency.
283. A caretaker who intentionally commits dependent adult
29abuse is guilty of a class “C” felony if the intentional
30dependent adult abuse results in serious injury.
314. A caretaker who recklessly commits dependent adult abuse
32is guilty of a class “D” felony if the reckless dependent adult
33abuse results in serious injury.
345. A caretaker who intentionally commits dependent adult
35abuse is guilty of a class “C” felony if the intentional
-12-1dependent adult abuse results in physical injury.
26. A caretaker who commits dependent adult abuse by
3exploitation of a dependent adult is guilty of a class “D”
4felony if the value of the property, assets, or resources
5exceeds one hundred dollars.
67. A caretaker who recklessly commits dependent adult
7abuse is guilty of an aggravated misdemeanor if the reckless
8dependent adult abuse results in physical injury.
98. A caretaker who otherwise intentionally or knowingly
10commits dependent adult abuse is guilty of a serious
11misdemeanor.
129. A caretaker who commits dependent adult abuse by
13exploitation of a dependent adult is guilty of a simple
14misdemeanor if the value of the property, assets, or resources
15is one hundred dollars or less.
1610. A caretaker alleged to have committed dependent adult
17abuse shall be charged with the respective offense cited,
18unless a charge may be brought based upon a more serious
19offense, in which case the charge of the more serious offense
20shall supersede the less serious charge.
21 Sec. 7. REPEAL. Section 235B.20, Code 2019, is repealed.
22 Sec. 8. CODE EDITOR DIRECTIVES. The Code editor shall do
23all of the following:
241. Create a new subchapter in chapter 726, entitled
25“Resident, Dependent Adult, and Older Individual Protection
26Act” that includes sections 726.24, 726.25, and 726.26, as
27enacted in this Act.
282. a. Transfer sections 726.7 and 726.8, Code 2019, to
29the new subchapter and renumber the transferred sections as
30follows:
31(1) Section 726.7 as section 726.27.
32(2) Section 726.8 as section 726.28.
33b. Correct internal references as necessary.
343. Amend the title of the chapter to read “Protections
35for the family, dependent persons, residents of health care
-13-1facilities, and older individuals”.
2DIVISION II
3CONFORMING CHANGES
4 Sec. 9. Section 13.2, subsection 1, Code 2019, is amended by
5adding the following new paragraph:
6 NEW PARAGRAPH. p. Develop written procedures and policies
7to be followed by prosecuting attorneys in the prosecution
8of elder abuse, older individual assault, theft against an
9older individual, consumer frauds committed against an older
10individual, and financial exploitation of an older individual
11under sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25.
12 Sec. 10. Section 598.16, subsection 7, paragraph a, Code
132019, is amended to read as follows:
14a. In determining whether a history of elder abuse exists,
15the court’s consideration shall include but is not limited
16to commencement of an action pursuant to section 235F.2, the
17issuance of a court order or consent agreement pursuant to
18section 235F.6, the issuance of an emergency order pursuant to
19section 235F.7, the holding of a party in contempt pursuant to
20section 664A.7, the response of a peace officer to the scene
21of alleged elder abuse, or the arrest of a party following a
22 response to a report of alleged elder abuse, or a conviction
23for older individual assault pursuant to section 708.2D.
24 Sec. 11. Section 664A.1, subsection 2, Code 2019, is amended
25to read as follows:
262. “Protective order” means a protective order issued
27pursuant to chapter 232, a court order or court-approved
28consent agreement entered pursuant to this chapter or chapter
29235F, a court order or court-approved consent agreement entered
30pursuant to chapter 236 or 236A, including a valid foreign
31protective order under section 236.19, subsection 3, or section
32236A.19, subsection 3, a temporary or permanent protective
33order or order to vacate the homestead under chapter 598, or an
34order that establishes conditions of release or is a protective
35order or sentencing order in a criminal prosecution arising
-14-1from a domestic abuse assault under section 708.2A or older
2individual assault under section 708.2D, or a civil injunction
3issued pursuant to section 915.22.
4 Sec. 12. Section 664A.2, subsection 1, Code 2019, is amended
5to read as follows:
61. This chapter applies to no-contact orders issued for
7violations or alleged violations of sections 708.2A, 708.2D,
8 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public
9offense for which there is a victim.
10 Sec. 13. Section 664A.7, subsection 5, Code 2019, is amended
11to read as follows:
125. Violation of a no-contact order entered for the offense
13or alleged offense of domestic abuse assault in violation
14of section 708.2A, the offense or alleged offense of older
15individual assault in violation of section 708.2D, or a
16violation of a protective order issued pursuant to chapter
17232, 235F,236, 236A, 598, or 915 constitutes a public offense
18and is punishable as a simple misdemeanor. Alternatively,
19the court may hold a person in contempt of court for such a
20violation, as provided in subsection 3.
21 Sec. 14. Section 915.22, Code 2019, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6. The clerk of the district court
24shall provide notice and copies of restraining orders issued
25pursuant to this section in a criminal case involving an
26alleged violation of section 708.2D to the applicable law
27enforcement agencies and the twenty-four-hour dispatch for the
28law enforcement agencies, in the manner provided for protective
29orders under section 235F.6. The clerk shall provide notice
30and copies of modifications or vacations of these orders in the
31same manner.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to older individuals and dependent adults
-15-1and certain criminal offenses and civil actions, and provides
2penalties.
3DIVISION I — CRIMINAL AND CIVIL RELIEF FOR OLDER
4INDIVIDUALS. The bill establishes the crime of older
5individual assault which is the assault, as defined in Code
6section 708.1, of an older individual, defined in the bill as
7an individual 60 years of age or older. The bill provides
8criminal penalties for older individual assault ranging from
9a simple misdemeanor to a class “D” felony depending on the
10circumstances of the assault. The bill also provides for the
11determination of whether a violation is a second or subsequent
12offense and provides for minimum sentencing for offenders.
13The bill establishes the crime of theft against an older
14individual which enhances the penalties for the existing crime
15of theft by one degree.
16The bill changes the existing additional civil penalty for
17consumer frauds committed against elders (those 65 years of age
18or older) to apply to older individuals consistent with other
19provisions relating to older individuals under the bill.
20The bill establishes criminal penalties for elder abuse
21ranging from a serious misdemeanor to a class “C” felony
22depending on the circumstances and resulting injuries of the
23abuse. Elder abuse is defined as the abuse, neglect, or
24exploitation of an older individual.
25The bill establishes the crime of financial exploitation of
26an older individual. A person commits financial exploitation
27of an older individual when the person stands in a position of
28trust or confidence with the older individual and knowingly
29and by undue influence, deception, coercion, fraud, breach of
30fiduciary duty, or extortion, obtains control over or otherwise
31uses the benefits, property, resources, belongings, or assets
32of the older individual. The criminal penalties range from a
33serious misdemeanor to a class “B” felony based on the amount
34of benefits, property, resources, belongings, or assets of the
35older individual involved.
-16- 1The bill relocates the criminal penalties for dependent
2adult abuse as they currently exist from Code chapter 235B
3(dependent adult abuse) to Code chapter 726 (relating to the
4protection of the family and dependent persons).
5DIVISION II — CONFORMING CHANGES. The bill makes
6conforming changes throughout the Code.
7Code section 13.2: The bill adds as a duty of the attorney
8general to develop written procedures and policies to be
9followed by prosecuting attorneys in the prosecution of
10elder abuse, older individual assault, theft against an
11older individual, consumer frauds committed against an older
12individual, and financial exploitation of an older individual.
13Code section 598.16: The bill provides that, for the
14waiver from the requirements for the parties to participate
15in conciliation efforts in dissolution actions, a court may
16consider a conviction for older individual assault.
17Code section 664A.1: The bill includes in the definition
18of “protective orders” under Code chapter 664A (relating to
19no-contact and enforcement of protective orders), a protective
20order or sentencing order in a criminal prosecution arising
21from older individual assault.
22Code section 664A.2: The bill provides that the Code chapter
23is applicable to no-contact orders issued for violations or
24alleged violations related to older individual assault.
25Code section 664A.7: The bill provides that violation of a
26no-contact order for the offense of older individual assault
27constitutes a public offense and is punishable as a simple
28misdemeanor. Alternatively, the court may hold a person in
29contempt of court for such violation.
30Code section 915.23: The bill provides that under Code
31chapter 915 (victim rights) the clerk of the district court
32shall provide notice and copies of restraining orders in a
33criminal case involving alleged older individual assault to the
34applicable law enforcement agencies and the 24-hour dispatcher
35for the law enforcement agencies, in the manner provided for
-17-1protective orders under Code section 235F.6. The clerk shall
2provide notice and copies of modifications or vacations of
3these orders in the same manner.
-18-mo/rh
2creating certain criminal offenses and civil actions, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS
3 Section 1. NEW SECTION. 708.2D Older individual assault —
4mandatory minimums, penalties enhanced — extension of no-contact
5order.
61. For the purposes of this section:
7a. “Older individual” means the same as defined in section
8726.24.
9b. “Older individual assault” means an assault, as defined
10in section 708.1, of an older individual.
112. On a first offense of older individual assault, the
12person commits:
13a. A simple misdemeanor, except as otherwise provided.
14b. A serious misdemeanor, if the older individual assault
15causes bodily injury or mental illness.
16c. An aggravated misdemeanor, if the older individual
17assault is committed with the intent to inflict a serious
18injury upon an older individual, or if the person uses or
19displays a dangerous weapon in connection with the assault.
20This paragraph does not apply if section 708.6 or 708.8
21applies.
22d. An aggravated misdemeanor, if the older individual
23assault is committed by knowingly impeding the normal breathing
24or circulation of the blood of an older individual by applying
25pressure to the throat or neck of the older individual or by
26obstructing the nose or mouth of the older individual.
273. Except as otherwise provided in subsection 2, on a second
28older individual assault, a person commits:
29a. A serious misdemeanor if the first offense was classified
30as a simple misdemeanor and the second offense would otherwise
31be classified as a simple misdemeanor.
32b. An aggravated misdemeanor if the first offense was
33classified as a simple or aggravated misdemeanor and the second
34offense would otherwise be classified as a serious misdemeanor,
35or the first offense was classified as a serious or aggravated
-1-1misdemeanor, and the second offense would otherwise be
2classified as a simple or serious misdemeanor.
34. On a third or subsequent offense of older individual
4assault, a person commits a class “D” felony.
55. For an older individual assault committed by knowingly
6impeding the normal breathing or circulation of the blood of an
7older individual by applying pressure to the throat or neck of
8the older individual or by obstructing the nose or mouth of the
9older individual, and causing bodily injury, the person commits
10a class “D” felony.
116. a. A conviction for, deferred judgment for, or plea of
12guilty to, a violation of this section which occurred more than
13twelve years prior to the date of the violation charged shall
14not be considered in determining that the violation charged is
15a second or subsequent offense.
16b. For the purpose of determining if a violation charged
17is a second or subsequent offense, deferred judgments issued
18pursuant to section 907.3 for violations of section 708.2 or
19this section, which were issued on older individual assaults,
20and convictions or the equivalent of deferred judgments for
21violations in any other states under statutes substantially
22corresponding to this section shall be counted as previous
23offenses. The courts shall judicially notice the statutes of
24other states which define offenses substantially equivalent
25to the offenses defined in this section and can therefore be
26considered corresponding statutes. Each previous violation on
27which conviction or deferral of judgment was entered prior to
28the date of the offense charged shall be considered and counted
29as a separate previous offense.
30c. An offense shall be considered a prior offense regardless
31of whether it was committed upon the same victim.
327. a. A person convicted of violating subsection 2 or 3
33shall serve a minimum term of two days of the sentence imposed
34by law, and shall not be eligible for suspension of the minimum
35sentence. The minimum term shall be served on consecutive
-2-1days. The court shall not impose a fine in lieu of the minimum
2sentence, although a fine may be imposed in addition to the
3minimum sentence. This section does not prohibit the court
4from sentencing and the person from serving the maximum term of
5confinement or from paying the maximum fine permitted pursuant
6to chapters 902 and 903, and does not prohibit the court from
7entering a deferred judgment or sentence pursuant to section
8907.3, if the person has not previously received a deferred
9sentence or judgment for a violation of section 708.2 or this
10section which was issued on an older individual assault.
11b. A person convicted of violating subsection 4 shall
12be sentenced as provided under section 902.9, subsection 1,
13paragraph “e”, and shall be denied parole or work release until
14the person has served a minimum of one year of the person’s
15sentence. Notwithstanding section 901.5, subsections 1, 3, and
165, and section 907.3, the person cannot receive a suspended or
17deferred sentence or a deferred judgment; however, the person
18sentenced shall receive credit for any time the person was
19confined in a jail or detention facility following arrest.
208. If a person is convicted for, receives a deferred
21judgment for, or pleads guilty to a violation of this section,
22the court shall modify the no-contact order issued upon initial
23appearance in the manner provided in section 664A.5, regardless
24of whether the person is placed on probation.
259. The clerk of the district court shall provide notice
26and copies of a judgment entered under this section to the
27applicable law enforcement agencies and the twenty-four-hour
28dispatcher for the law enforcement agencies, in the manner
29provided for protective orders under chapter 235F. The
30clerk shall provide notice and copies of modifications of the
31judgment in the same manner.
32 Sec. 2. NEW SECTION. 714.2A Theft against an older
33individual.
341. If a person commits theft against an individual who
35was an older individual at the time the theft was committed,
-3-1notwithstanding the penalties specified in section 714.2, all
2of the following shall apply:
3a. If a person commits theft in the first degree pursuant to
4section 714.2, subsection 1, the person is guilty of a class
5“B” felony.
6b. If a person commits theft in the second degree pursuant
7to section 714.2, subsection 2, the person is guilty of a class
8“C” felony.
9c. If a person commits theft in the third degree pursuant to
10section 714.2, subsection 3, the person is guilty of a class
11“D” felony.
12d. If a person commits theft in the fourth degree pursuant
13to section 714.2, subsection 4, the person is guilty of an
14aggravated misdemeanor.
15e. If a person commits theft in the fifth degree pursuant to
16section 714.2, subsection 5, the person is guilty of a serious
17misdemeanor.
182. For the purposes of this section, “older individual”
19means an individual who is sixty years of age or older.
20 Sec. 3. Section 714.16A, Code 2019, is amended to read as
21follows:
22714.16A Additional civil penalty for consumer frauds
23committed against elderly older individuals — fund established.
241. a. If a person violates section 714.16, and the
25violation is committed against an older person individual,
26in an action brought by the attorney general, in addition to
27any other civil penalty, the court may impose an additional
28civil penalty not to exceed five thousand dollars for each
29such violation. Additionally, the attorney general may
30accept a civil penalty as determined by the attorney general
31in settlement of an investigation of a violation of section
32714.16, regardless of whether an action has been filed pursuant
33to section 714.16.
34b. A civil penalty imposed by a court or determined and
35accepted by the attorney general pursuant to this section shall
-4-1be paid to the treasurer of state, who shall deposit the money
2in the elderly victim fund, a separate fund created in the
3state treasury and administered by the attorney general for the
4investigation and prosecution of frauds against the elderly.
5Notwithstanding section 8.33, any balance in the fund on June
630 of any fiscal year shall not revert to the general fund
7of the state. An award of reimbursement pursuant to section
8714.16 has priority over a civil penalty imposed by the court
9pursuant to this subsection.
102. In determining whether to impose a civil penalty under
11subsection 1, and the amount of any such penalty, the court
12shall consider the following:
13a. Whether the defendant’s conduct was in willful disregard
14of the rights of the older person individual.
15b. Whether the defendant knew or should have known that the
16defendant’s conduct was directed to an older person individual.
17c. Whether the older person individual was substantially
18more vulnerable to the defendant’s conduct because of age, poor
19health, infirmity, impaired understanding, restricted mobility,
20or disability, than other persons.
21d. Any other factors the court deems appropriate.
223. As used in this section, “older person” individual” means
23a person who is sixty-five years of age or an individual who is
24sixty years of age or older.
25 Sec. 4. NEW SECTION. 726.24 Elder abuse — initiation of
26charges — penalty.
271. As used in this section unless the context otherwise
28requires:
29a. “Abuse” means the knowing infliction of physical or
30psychological harm or the knowing deprivation of goods or
31services that are necessary to meet essential needs or to avoid
32physical harm or psychological harm. “Abuse” includes but is
33not limited to any of the following:
34(1) Physical injury to, or injury which is at a variance
35with the history given of the injury, or unreasonable
-5-1confinement, unreasonable punishment, or assault of an older
2individual.
3(2) The commission of a sexual offense under chapter 709 or
4section 726.2 with or against an older individual.
5(3) Sexual exploitation of an older individual.
6(4) The commission of older individual assault under
7section 708.2D.
8b. “Caregiver” means an individual who has the
9responsibility for the care or custody of an older individual,
10whether voluntarily, by contract, by receipt of payment for
11care, or as a result of the operation of law, and includes
12but is not limited to a family member or other individual who
13provides, whether on the individual’s own behalf or on behalf
14of a public or private entity, compensated or uncompensated
15care to an older individual.
16c. “Elder abuse” means the abuse, neglect, or exploitation
17of an older individual. “Elder abuse” does not include any of
18the following:
19(1) Circumstances in which the older individual declines
20medical treatment if the older individual holds a belief or is
21an adherent of a religion whose tenets and practices call for
22reliance on spiritual means in place of reliance on medical
23treatment.
24(2) Circumstances in which the older individual’s caregiver
25or fiduciary, acting in accordance with the older individual’s
26stated or implied consent, declines medical treatment if the
27older individual holds a belief or is an adherent of a religion
28whose tenets and practices call for reliance on spiritual means
29in place of reliance on medical treatment.
30(3) The withholding or withdrawing of health care from
31an older individual who is terminally ill in the opinion of
32a licensed physician, when the withholding or withdrawing of
33health care is done at the request of the older individual or
34at the request of the older individual’s next of kin, attorney
35in fact, or guardian pursuant to the applicable procedures
-6-1under chapter 125, 144A, 144B, 222, 229, or 633.
2d. “Fiduciary” means a guardian, trustee, executor,
3administrator, receiver, conservator, attorney in fact, or
4any person, whether individual or corporate, acting in any
5fiduciary capacity for or on behalf of any older individual.
6e. “Neglect” means the failure of a caregiver or fiduciary
7to provide adequate food, shelter, clothing, supervision,
8physical or mental health care, and goods or services necessary
9to maintain the life, health, or safety of an older individual,
10which if not provided would constitute denial of critical care.
11f. “Older individual” means an individual who is sixty years
12of age or older.
13g. “Older individual assault” means the same as defined in
14section 708.2D.
15h. “Physical harm” means bodily injury, impairment, or
16disease.
17i. “Psychological harm” means an injury to the intellectual
18functioning or emotional state of an older individual as
19evidenced by an observable or measurable reduction in the older
20adult’s ability to function within that individual’s customary
21range of performance and that individual’s behavior.
22j. “Serious injury” means the same as defined in section
23702.18.
24k. “Sexual exploitation” includes sexual exploitation
25and means any sexual contact against an older individual’s
26will. This includes acts in which the older individual is
27unable to understand the act or is unable to communicate or is
28under undue influence and includes coerced nudity; fondling,
29touching, or kissing, particularly the genitals; making the
30person fondle someone else's genitals; forcing the person to
31observe sexual acts; photographing the person in sexually
32explicit ways; sexual assault of any type (coercion to perform
33sexual acts), including rape or sodomy. Sexual contact is
34defined as intentional touching (either directly or through the
35clothing), of the genitalia, anus, groin, breast, mouth, inner
-7-1thigh, or buttocks.
2l. “Undue influence” means when a person uses or knowingly
3assists or causes another person to use that person’s role,
4relationship, or power to exploit the trust, dependency, or
5fear of an older individual, or uses or knowingly assists or
6causes another person to use that person’s role, relationship,
7or power to deceptively gain control over an older individual’s
8decision making process.
92. A charge of elder abuse may be initiated upon complaint
10of a private individual, as a result of an investigation by
11a social services agency, or on the direct initiative of the
12attorney general, a county attorney, or a law enforcement
13agency.
143. A person who intentionally commits elder abuse is guilty
15of a class “C” felony if the intentional elder abuse results
16in serious injury.
174. A person who recklessly commits elder abuse is guilty
18of a class “D” felony if the reckless elder abuse results in
19serious injury.
205. A person who intentionally commits elder abuse is guilty
21of a class “C” felony if the intentional elder abuse results
22in physical injury.
236. A person who recklessly commits elder abuse is guilty of
24an aggravated misdemeanor if the reckless elder abuse results
25in physical injury.
267. A person who otherwise intentionally or knowingly
27commits elder abuse is guilty of a serious misdemeanor.
288. A person alleged to have committed a violation under
29this section shall be charged with the respective offense
30cited, unless a charge may be brought based upon a more serious
31offense, in which case the charge of the more serious offense
32shall supersede the less serious charge.
339. It does not constitute a defense to a prosecution for any
34violation of this section that the alleged perpetrator did not
35know the age of the victim.
-8- 110. In a criminal action in which an older individual is
2a victim, the state may move the court to advance the trial
3on the docket. The presiding judge, after consideration of
4the age and health of the victim, may advance the trial on
5the docket. The motion may be filed and served with the
6information or charges or at any time.
711. a. A conviction or deferred judgment for or plea of
8guilty to a violation of this section which occurred more than
9twelve years prior to the date of the violation charged shall
10not be considered in determining that the violation charged is
11a second or subsequent offense.
12b. For the purpose of determining if a violation charged
13is a second or subsequent offense, deferred judgments issued
14pursuant to section 907.3 for violations of this section or
15section 708.2D, and convictions or the equivalent of deferred
16judgments for violations in any other state under statutes
17substantially corresponding to this section shall be counted
18as previous offenses. The courts shall judicially notice the
19statutes of other states which define offenses substantially
20equivalent to the offenses defined in this section and can
21therefore be considered corresponding statutes. Each previous
22violation on which conviction or deferral of judgment was
23entered prior to the date of the offense charged shall be
24considered and counted as a separate previous offense.
25c. An offense shall be considered a prior offense regardless
26of whether it was committed upon the same victim.
2712. If a person is convicted or receives a deferred judgment
28for, or pleads guilty to a violation of this section, the
29court shall modify the no-contact order issued upon initial
30appearance in the manner provided in section 664A.5, regardless
31of whether the person is placed on probation.
3213. The clerk of the district court shall provide notice
33and copies of a judgment entered under this section to the
34applicable law enforcement agencies and the twenty-four-hour
35dispatcher for the law enforcement agencies, in the manner
-9-1provided for protective orders under section 235F. The
2clerk shall provide notice and copies of modifications of the
3judgment in the same manner.
4 Sec. 5. NEW SECTION. 726.25 Financial exploitation of an
5older individual.
61. For the purposes of this section:
7a. “Caregiver” means an individual who has the
8responsibility for the care or custody of an older individual,
9whether voluntarily, by contract, through employment, or as a
10result of the operation of law, and includes but is not limited
11to a family member or other individual who provides compensated
12or uncompensated care to an older individual.
13b. “Coercion” means communication or conduct which compels
14an older individual to act or refrain from acting against the
15older individual’s will.
16c. “Older individual” means an individual who is sixty years
17of age or older.
18d. “Stands in a position of trust or confidence” means the
19person has any of the following relationships relative to the
20older individual:
21(1) Is a parent, spouse, adult child, or other relative by
22consanguinity or affinity of the older individual.
23(2) Is a joint tenant or tenant in common with the older
24individual.
25(3) Has a legal or fiduciary relationship with the older
26individual.
27(4) Is a financial planning or investment professional
28providing or offering to provide financial planning or
29investment advice to the older individual.
30(5) Is a beneficiary of the older individual in a governing
31instrument.
32(6) Is a caregiver for the older individual.
33(7) Is a person who is in a confidential relationship with
34the older individual. The determination of the existence of a
35confidential relationship is an issue of fact to be determined
-10-1by the court based upon the totality of the circumstances.
2e. “Undue influence” means taking advantage of a person’s
3role, relationship, or authority to improperly change or
4obtain control over the actions or decision making of an older
5individual.
62. A person commits financial exploitation of an older
7individual when the person stands in a position of trust or
8confidence with the older individual and knowingly and by undue
9influence, deception, coercion, fraud, breach of fiduciary
10duty, or extortion, obtains control over or otherwise uses the
11benefits, property, resources, belongings, or assets of the
12older individual.
133. A person who commits financial exploitation of an older
14individual is guilty of the following, as applicable:
15a. A serious misdemeanor if the value of the benefits,
16property, resources, belongings, or assets is one hundred
17dollars or less.
18b. A aggravated misdemeanor if the value of the benefits,
19property, resources, belongings, or assets exceeds one hundred
20dollars but does not exceed one thousand dollars.
21c. A class “D” felony if the value of the benefits,
22property, resources, belongings, or assets exceeds one thousand
23dollars but does not exceed ten thousand dollars.
24d. A class “C” felony if the value of the benefits,
25property, resources, belongings, or assets exceeds ten thousand
26dollars but does not exceed fifty thousand dollars.
27e. A class “B” felony if the value of the benefits,
28property, resources, belongings, or assets exceeds fifty
29thousand dollars, or if the older individual is seventy years
30of age to eighty years of age and the value of the benefits,
31property, resources, belongings, or assets is fifteen thousand
32dollars or more, or if the older individual is eighty years of
33age or older and value of the benefits, property, resources,
34belongings, or assets is five thousand dollars or more.
354. Nothing in this section shall be construed to limit other
-11-1remedies available to the older individual including those
2provided under chapters 235F and 236.
35. A person alleged to have committed a violation under
4this section shall be charged with the respective offense
5cited, unless a charge may be brought based upon a more serious
6offense, in which case the charge of the more serious offense
7shall supersede the less serious charge.
86. Nothing in this section shall be construed to impose
9criminal liability on a person who has made a good-faith effort
10to assist an older individual in the management of the older
11individual’s benefits, property, resources, belongings, or
12assets, but through no fault of the person the person has been
13unable to provide such assistance.
147. It shall not be a defense to financial exploitation of
15an older individual that the alleged perpetrator did not know
16the age of the older individual or reasonably believed that the
17alleged victim was not an older individual.
18 Sec. 6. NEW SECTION. 726.26 Dependent adult abuse —
19initiation of charges — penalty.
201. For the purposes of this section, “caretaker”, “dependent
21adult”, and “dependent adult abuse” mean the same as defined in
22section 235B.2.
232. A charge of dependent adult abuse may be initiated
24upon the complaint of a private individual, as a result of an
25investigation by a social service agency, or on the direct
26initiative of the office of the attorney general, a county
27attorney, or a law enforcement agency.
283. A caretaker who intentionally commits dependent adult
29abuse is guilty of a class “C” felony if the intentional
30dependent adult abuse results in serious injury.
314. A caretaker who recklessly commits dependent adult abuse
32is guilty of a class “D” felony if the reckless dependent adult
33abuse results in serious injury.
345. A caretaker who intentionally commits dependent adult
35abuse is guilty of a class “C” felony if the intentional
-12-1dependent adult abuse results in physical injury.
26. A caretaker who commits dependent adult abuse by
3exploitation of a dependent adult is guilty of a class “D”
4felony if the value of the property, assets, or resources
5exceeds one hundred dollars.
67. A caretaker who recklessly commits dependent adult
7abuse is guilty of an aggravated misdemeanor if the reckless
8dependent adult abuse results in physical injury.
98. A caretaker who otherwise intentionally or knowingly
10commits dependent adult abuse is guilty of a serious
11misdemeanor.
129. A caretaker who commits dependent adult abuse by
13exploitation of a dependent adult is guilty of a simple
14misdemeanor if the value of the property, assets, or resources
15is one hundred dollars or less.
1610. A caretaker alleged to have committed dependent adult
17abuse shall be charged with the respective offense cited,
18unless a charge may be brought based upon a more serious
19offense, in which case the charge of the more serious offense
20shall supersede the less serious charge.
21 Sec. 7. REPEAL. Section 235B.20, Code 2019, is repealed.
22 Sec. 8. CODE EDITOR DIRECTIVES. The Code editor shall do
23all of the following:
241. Create a new subchapter in chapter 726, entitled
25“Resident, Dependent Adult, and Older Individual Protection
26Act” that includes sections 726.24, 726.25, and 726.26, as
27enacted in this Act.
282. a. Transfer sections 726.7 and 726.8, Code 2019, to
29the new subchapter and renumber the transferred sections as
30follows:
31(1) Section 726.7 as section 726.27.
32(2) Section 726.8 as section 726.28.
33b. Correct internal references as necessary.
343. Amend the title of the chapter to read “Protections
35for the family, dependent persons, residents of health care
-13-1facilities, and older individuals”.
2DIVISION II
3CONFORMING CHANGES
4 Sec. 9. Section 13.2, subsection 1, Code 2019, is amended by
5adding the following new paragraph:
6 NEW PARAGRAPH. p. Develop written procedures and policies
7to be followed by prosecuting attorneys in the prosecution
8of elder abuse, older individual assault, theft against an
9older individual, consumer frauds committed against an older
10individual, and financial exploitation of an older individual
11under sections 708.2D, 714.2A, 714.16A, 726.24, and 726.25.
12 Sec. 10. Section 598.16, subsection 7, paragraph a, Code
132019, is amended to read as follows:
14a. In determining whether a history of elder abuse exists,
15the court’s consideration shall include but is not limited
16to commencement of an action pursuant to section 235F.2, the
17issuance of a court order or consent agreement pursuant to
18section 235F.6, the issuance of an emergency order pursuant to
19section 235F.7, the holding of a party in contempt pursuant to
20section 664A.7, the response of a peace officer to the scene
21of alleged elder abuse, or the arrest of a party following a
22 response to a report of alleged elder abuse, or a conviction
23for older individual assault pursuant to section 708.2D.
24 Sec. 11. Section 664A.1, subsection 2, Code 2019, is amended
25to read as follows:
262. “Protective order” means a protective order issued
27pursuant to chapter 232, a court order or court-approved
28consent agreement entered pursuant to this chapter or chapter
29235F, a court order or court-approved consent agreement entered
30pursuant to chapter 236 or 236A, including a valid foreign
31protective order under section 236.19, subsection 3, or section
32236A.19, subsection 3, a temporary or permanent protective
33order or order to vacate the homestead under chapter 598, or an
34order that establishes conditions of release or is a protective
35order or sentencing order in a criminal prosecution arising
-14-1from a domestic abuse assault under section 708.2A or older
2individual assault under section 708.2D, or a civil injunction
3issued pursuant to section 915.22.
4 Sec. 12. Section 664A.2, subsection 1, Code 2019, is amended
5to read as follows:
61. This chapter applies to no-contact orders issued for
7violations or alleged violations of sections 708.2A, 708.2D,
8 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public
9offense for which there is a victim.
10 Sec. 13. Section 664A.7, subsection 5, Code 2019, is amended
11to read as follows:
125. Violation of a no-contact order entered for the offense
13or alleged offense of domestic abuse assault in violation
14of section 708.2A, the offense or alleged offense of older
15individual assault in violation of section 708.2D, or a
16violation of a protective order issued pursuant to chapter
17232, 235F,236, 236A, 598, or 915 constitutes a public offense
18and is punishable as a simple misdemeanor. Alternatively,
19the court may hold a person in contempt of court for such a
20violation, as provided in subsection 3.
21 Sec. 14. Section 915.22, Code 2019, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6. The clerk of the district court
24shall provide notice and copies of restraining orders issued
25pursuant to this section in a criminal case involving an
26alleged violation of section 708.2D to the applicable law
27enforcement agencies and the twenty-four-hour dispatch for the
28law enforcement agencies, in the manner provided for protective
29orders under section 235F.6. The clerk shall provide notice
30and copies of modifications or vacations of these orders in the
31same manner.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to older individuals and dependent adults
-15-1and certain criminal offenses and civil actions, and provides
2penalties.
3DIVISION I — CRIMINAL AND CIVIL RELIEF FOR OLDER
4INDIVIDUALS. The bill establishes the crime of older
5individual assault which is the assault, as defined in Code
6section 708.1, of an older individual, defined in the bill as
7an individual 60 years of age or older. The bill provides
8criminal penalties for older individual assault ranging from
9a simple misdemeanor to a class “D” felony depending on the
10circumstances of the assault. The bill also provides for the
11determination of whether a violation is a second or subsequent
12offense and provides for minimum sentencing for offenders.
13The bill establishes the crime of theft against an older
14individual which enhances the penalties for the existing crime
15of theft by one degree.
16The bill changes the existing additional civil penalty for
17consumer frauds committed against elders (those 65 years of age
18or older) to apply to older individuals consistent with other
19provisions relating to older individuals under the bill.
20The bill establishes criminal penalties for elder abuse
21ranging from a serious misdemeanor to a class “C” felony
22depending on the circumstances and resulting injuries of the
23abuse. Elder abuse is defined as the abuse, neglect, or
24exploitation of an older individual.
25The bill establishes the crime of financial exploitation of
26an older individual. A person commits financial exploitation
27of an older individual when the person stands in a position of
28trust or confidence with the older individual and knowingly
29and by undue influence, deception, coercion, fraud, breach of
30fiduciary duty, or extortion, obtains control over or otherwise
31uses the benefits, property, resources, belongings, or assets
32of the older individual. The criminal penalties range from a
33serious misdemeanor to a class “B” felony based on the amount
34of benefits, property, resources, belongings, or assets of the
35older individual involved.
-16- 1The bill relocates the criminal penalties for dependent
2adult abuse as they currently exist from Code chapter 235B
3(dependent adult abuse) to Code chapter 726 (relating to the
4protection of the family and dependent persons).
5DIVISION II — CONFORMING CHANGES. The bill makes
6conforming changes throughout the Code.
7Code section 13.2: The bill adds as a duty of the attorney
8general to develop written procedures and policies to be
9followed by prosecuting attorneys in the prosecution of
10elder abuse, older individual assault, theft against an
11older individual, consumer frauds committed against an older
12individual, and financial exploitation of an older individual.
13Code section 598.16: The bill provides that, for the
14waiver from the requirements for the parties to participate
15in conciliation efforts in dissolution actions, a court may
16consider a conviction for older individual assault.
17Code section 664A.1: The bill includes in the definition
18of “protective orders” under Code chapter 664A (relating to
19no-contact and enforcement of protective orders), a protective
20order or sentencing order in a criminal prosecution arising
21from older individual assault.
22Code section 664A.2: The bill provides that the Code chapter
23is applicable to no-contact orders issued for violations or
24alleged violations related to older individual assault.
25Code section 664A.7: The bill provides that violation of a
26no-contact order for the offense of older individual assault
27constitutes a public offense and is punishable as a simple
28misdemeanor. Alternatively, the court may hold a person in
29contempt of court for such violation.
30Code section 915.23: The bill provides that under Code
31chapter 915 (victim rights) the clerk of the district court
32shall provide notice and copies of restraining orders in a
33criminal case involving alleged older individual assault to the
34applicable law enforcement agencies and the 24-hour dispatcher
35for the law enforcement agencies, in the manner provided for
-17-1protective orders under Code section 235F.6. The clerk shall
2provide notice and copies of modifications or vacations of
3these orders in the same manner.
-18-mo/rh