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Senate File 153 - IntroducedA Bill ForAn Act 1relating to the exploitation of a dependent adult by a
2caretaker.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a,
2subparagraph (1), subparagraph division (c), Code 2019, is
3amended to read as follows:
4(c) Exploitation of a dependent adult which means the act
5or process of taking unfair advantage of a dependent adult
6or the adult’s physical or financial resources for one’s own
7personal or pecuniary profit, without the informed consent
8of the dependent adult, including theft, by the use of undue
9influence, harassment, duress, deception, false representation,
10or false pretenses.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the exploitation of a dependent adult
15by a caretaker.
16Under current law, dependent adult abuse includes the
17exploitation of a dependent adult as a result of the willful or
18negligent acts or omissions of a caretaker when the caretaker
19takes unfair advantage of the dependent adult’s physical
20or financial resources for the caretaker’s own personal
21or pecuniary profit without the dependent adult’s consent
22by undue influence, harassment, duress, deception, false
23representation, or false pretenses. “Caretaker” is defined
24as a related or nonrelated person who has the responsibility
25for the protection, care, or custody of a dependent adult as a
26result of assuming the responsibility voluntarily, by contract,
27through employment, or by order of the court.
28The bill eliminates the requirement that a caretaker taking
29unfair advantage of a dependent adult’s physical or financial
30resources must do so for the caretaker’s own personal or
31pecuniary profit.
-1-hb/rh
2caretaker.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a,
2subparagraph (1), subparagraph division (c), Code 2019, is
3amended to read as follows:
4(c) Exploitation of a dependent adult which means the act
5or process of taking unfair advantage of a dependent adult
6or the adult’s physical or financial resources for one’s own
7personal or pecuniary profit, without the informed consent
8of the dependent adult, including theft, by the use of undue
9influence, harassment, duress, deception, false representation,
10or false pretenses.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the exploitation of a dependent adult
15by a caretaker.
16Under current law, dependent adult abuse includes the
17exploitation of a dependent adult as a result of the willful or
18negligent acts or omissions of a caretaker when the caretaker
19takes unfair advantage of the dependent adult’s physical
20or financial resources for the caretaker’s own personal
21or pecuniary profit without the dependent adult’s consent
22by undue influence, harassment, duress, deception, false
23representation, or false pretenses. “Caretaker” is defined
24as a related or nonrelated person who has the responsibility
25for the protection, care, or custody of a dependent adult as a
26result of assuming the responsibility voluntarily, by contract,
27through employment, or by order of the court.
28The bill eliminates the requirement that a caretaker taking
29unfair advantage of a dependent adult’s physical or financial
30resources must do so for the caretaker’s own personal or
31pecuniary profit.
-1-hb/rh