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Senate File 300 - IntroducedA Bill ForAn Act 1relating to the definition of dependent adult abuse, and
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a,
2subparagraph (1), Code 2021, is amended by adding the following
3new subparagraph division:
4 NEW SUBPARAGRAPH DIVISION. (e) The death of a dependent
5adult.
6 Sec. 2. Section 235B.20, Code 2021, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 1A. A caretaker who intentionally or
9recklessly commits dependent adult abuse on a dependent adult
10in violation of this chapter is guilty of a class “B” felony if
11the intentional or reckless dependent adult abuse results in
12death.
13 Sec. 3. Section 235E.1, subsection 5, paragraph a,
14subparagraph (1), Code 2021, is amended by adding the following
15new subparagraph division:
16 NEW SUBPARAGRAPH DIVISION. (e) The death of a dependent
17adult.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the definition of dependent adult abuse
22and provides penalties.
23The bill adds the death of a dependent adult that occurs due
24to certain acts or omissions by a caretaker to the definition
25of dependent adult abuse for purposes of the dependent adult
26abuse registry under Code chapters 235B (dependent adult abuse
27in the community) and 235E (dependent adult abuse in facilities
28and programs).
29A “caretaker” for purposes of Code chapter 235B means a
30related or nonrelated person who has the responsibility for
31the protection, care, or custody of a dependent adult as a
32result of assuring the responsibility voluntarily, by contract,
33through employment, or by order of the court. A “caretaker”
34for purposes of Code chapter 235E means a person who is a staff
35member of a facility or program who provides care, protection,
-1-1or services to a dependent adult voluntarily, by contract,
2through employment, or by order of the court.
3The bill provides that a caretaker who intentionally
4or recklessly commits dependent adult abuse on a dependent
5adult under Code chapter 235B commits a class “B” felony. By
6operation of law, this provision also applies to a caretaker
7who intentionally or recklessly commits dependent adult abuse
8on a dependent adult in violation of Code chapter 235E pursuant
9to Code section 235E.4. A class “B” felony is punishable by
10confinement for no more than 25 years.
-2-dg/rh
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a,
2subparagraph (1), Code 2021, is amended by adding the following
3new subparagraph division:
4 NEW SUBPARAGRAPH DIVISION. (e) The death of a dependent
5adult.
6 Sec. 2. Section 235B.20, Code 2021, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 1A. A caretaker who intentionally or
9recklessly commits dependent adult abuse on a dependent adult
10in violation of this chapter is guilty of a class “B” felony if
11the intentional or reckless dependent adult abuse results in
12death.
13 Sec. 3. Section 235E.1, subsection 5, paragraph a,
14subparagraph (1), Code 2021, is amended by adding the following
15new subparagraph division:
16 NEW SUBPARAGRAPH DIVISION. (e) The death of a dependent
17adult.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the definition of dependent adult abuse
22and provides penalties.
23The bill adds the death of a dependent adult that occurs due
24to certain acts or omissions by a caretaker to the definition
25of dependent adult abuse for purposes of the dependent adult
26abuse registry under Code chapters 235B (dependent adult abuse
27in the community) and 235E (dependent adult abuse in facilities
28and programs).
29A “caretaker” for purposes of Code chapter 235B means a
30related or nonrelated person who has the responsibility for
31the protection, care, or custody of a dependent adult as a
32result of assuring the responsibility voluntarily, by contract,
33through employment, or by order of the court. A “caretaker”
34for purposes of Code chapter 235E means a person who is a staff
35member of a facility or program who provides care, protection,
-1-1or services to a dependent adult voluntarily, by contract,
2through employment, or by order of the court.
3The bill provides that a caretaker who intentionally
4or recklessly commits dependent adult abuse on a dependent
5adult under Code chapter 235B commits a class “B” felony. By
6operation of law, this provision also applies to a caretaker
7who intentionally or recklessly commits dependent adult abuse
8on a dependent adult in violation of Code chapter 235E pursuant
9to Code section 235E.4. A class “B” felony is punishable by
10confinement for no more than 25 years.
-2-dg/rh