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