Bill Text: IA SF522 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to older individuals and dependent adults and creating certain criminal offenses and civil actions, and providing penalties. (Formerly SSB 1082.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-22 - Fiscal note. [SF522 Detail]
Download: Iowa-2021-SF522-Enrolled.html
Senate
File
522
-
Enrolled
Senate
File
522
AN
ACT
RELATING
TO
OLDER
INDIVIDUALS
AND
DEPENDENT
ADULTS
AND
CREATING
CERTAIN
CRIMINAL
OFFENSES
AND
CIVIL
ACTIONS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
CRIMINAL
AND
CIVIL
RELIEF
FOR
OLDER
INDIVIDUALS
Section
1.
NEW
SECTION
.
708.2D
Older
individual
assault
——
mandatory
minimums,
penalties
enhanced
——
extension
of
no-contact
order.
1.
For
the
purposes
of
this
section:
a.
“Older
individual”
means
an
individual
who
is
sixty
years
of
age
or
older.
b.
“Older
individual
assault”
means
an
assault,
as
defined
in
section
708.1,
of
an
older
individual.
2.
On
a
first
offense
of
older
individual
assault,
the
person
commits:
a.
A
simple
misdemeanor,
except
as
otherwise
provided.
b.
A
serious
misdemeanor,
if
the
older
individual
assault
causes
bodily
injury
or
mental
illness.
c.
An
aggravated
misdemeanor,
if
the
older
individual
assault
is
committed
with
the
intent
to
inflict
a
serious
injury
upon
an
older
individual,
or
if
the
person
uses
or
displays
a
dangerous
weapon
in
connection
with
the
assault.
This
paragraph
does
not
apply
if
section
708.6
or
708.8
applies.
Senate
File
522,
p.
2
d.
An
aggravated
misdemeanor,
if
the
older
individual
assault
is
committed
by
knowingly
impeding
the
normal
breathing
or
circulation
of
the
blood
of
an
older
individual
by
applying
pressure
to
the
throat
or
neck
of
the
older
individual
or
by
obstructing
the
nose
or
mouth
of
the
older
individual.
3.
Except
as
otherwise
provided
in
subsection
2,
on
a
second
older
individual
assault,
a
person
commits:
a.
A
serious
misdemeanor
if
the
first
offense
was
classified
as
a
simple
misdemeanor
and
the
second
offense
would
otherwise
be
classified
as
a
simple
misdemeanor.
b.
An
aggravated
misdemeanor
if
the
first
offense
was
classified
as
a
simple
or
aggravated
misdemeanor
and
the
second
offense
would
otherwise
be
classified
as
a
serious
misdemeanor,
or
the
first
offense
was
classified
as
a
serious
or
aggravated
misdemeanor,
and
the
second
offense
would
otherwise
be
classified
as
a
simple
or
serious
misdemeanor.
4.
On
a
third
or
subsequent
offense
of
older
individual
assault,
a
person
commits
a
class
“D”
felony.
5.
For
an
older
individual
assault
committed
by
knowingly
impeding
the
normal
breathing
or
circulation
of
the
blood
of
an
older
individual
by
applying
pressure
to
the
throat
or
neck
of
the
older
individual
or
by
obstructing
the
nose
or
mouth
of
the
older
individual,
and
causing
bodily
injury,
the
person
commits
a
class
“D”
felony.
6.
a.
A
conviction
for,
deferred
judgment
for,
or
plea
of
guilty
to,
a
violation
of
this
section
which
occurred
more
than
twelve
years
prior
to
the
date
of
the
violation
charged
shall
not
be
considered
in
determining
that
the
violation
charged
is
a
second
or
subsequent
offense.
b.
For
the
purpose
of
determining
if
a
violation
charged
is
a
second
or
subsequent
offense,
deferred
judgments
issued
pursuant
to
section
907.3
for
violations
of
section
708.2
or
708.2A,
or
this
section,
which
were
issued
on
older
individual
assaults,
and
convictions
or
the
equivalent
of
deferred
judgments
for
violations
in
any
other
states
under
statutes
substantially
corresponding
to
this
section
shall
be
counted
as
previous
offenses.
The
courts
shall
judicially
notice
the
statutes
of
other
states
which
define
offenses
substantially
equivalent
to
the
offenses
defined
in
this
section
and
can
Senate
File
522,
p.
3
therefore
be
considered
corresponding
statutes.
Each
previous
violation
on
which
conviction
or
deferral
of
judgment
was
entered
prior
to
the
date
of
the
offense
charged
shall
be
considered
and
counted
as
a
separate
previous
offense.
c.
An
offense
shall
be
considered
a
prior
offense
regardless
of
whether
it
was
committed
upon
the
same
victim.
7.
a.
A
person
convicted
of
violating
subsection
2
or
3
shall
serve
a
minimum
term
of
two
days
of
the
sentence
imposed
by
law,
and
shall
not
be
eligible
for
suspension
of
the
minimum
sentence.
The
minimum
term
shall
be
served
on
consecutive
days.
The
court
shall
not
impose
a
fine
in
lieu
of
the
minimum
sentence,
although
a
fine
may
be
imposed
in
addition
to
the
minimum
sentence.
This
section
does
not
prohibit
the
court
from
sentencing
and
the
person
from
serving
the
maximum
term
of
confinement
or
from
paying
the
maximum
fine
permitted
pursuant
to
chapters
902
and
903,
and
does
not
prohibit
the
court
from
entering
a
deferred
judgment
or
sentence
pursuant
to
section
907.3,
if
the
person
has
not
previously
received
a
deferred
sentence
or
judgment
for
a
violation
of
section
708.2
or
708.2A,
or
this
section,
which
was
issued
on
an
older
individual
assault.
b.
A
person
convicted
of
violating
subsection
4
shall
be
sentenced
as
provided
under
section
902.9,
subsection
1,
paragraph
“e”
,
and
shall
be
denied
parole
or
work
release
until
the
person
has
served
a
minimum
of
one
year
of
the
person’s
sentence.
Notwithstanding
section
901.5,
subsections
1,
3,
and
5,
and
section
907.3,
the
person
cannot
receive
a
suspended
or
deferred
sentence
or
a
deferred
judgment;
however,
the
person
sentenced
shall
receive
credit
for
any
time
the
person
was
confined
in
a
jail
or
detention
facility
following
arrest.
8.
If
a
person
is
convicted
for,
receives
a
deferred
judgment
for,
or
pleads
guilty
to
a
violation
of
this
section,
the
court
shall
modify
the
no-contact
order
issued
upon
initial
appearance
in
the
manner
provided
in
section
664A.5,
regardless
of
whether
the
person
is
placed
on
probation.
9.
The
clerk
of
the
district
court
shall
provide
notice
and
copies
of
a
judgment
entered
under
this
section
to
the
applicable
law
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
Senate
File
522,
p.
4
provided
for
protective
orders
under
chapter
235F.
The
clerk
shall
provide
notice
and
copies
of
modifications
of
the
judgment
in
the
same
manner.
Sec.
2.
NEW
SECTION
.
714.2A
Theft
against
an
older
individual.
1.
If
a
person
commits
theft
against
an
individual
who
was
an
older
individual
at
the
time
the
theft
was
committed
and
knew
or
should
have
known
the
conduct
was
directed
at
an
older
individual,
notwithstanding
the
penalties
specified
in
section
714.2,
all
of
the
following
shall
apply:
a.
If
a
person
commits
theft
in
the
first
degree
pursuant
to
section
714.2,
subsection
1,
the
person
is
guilty
of
a
class
“B”
felony.
b.
If
a
person
commits
theft
in
the
second
degree
pursuant
to
section
714.2,
subsection
2,
the
person
is
guilty
of
a
class
“C”
felony.
c.
If
a
person
commits
theft
in
the
third
degree
pursuant
to
section
714.2,
subsection
3,
the
person
is
guilty
of
a
class
“D”
felony.
d.
If
a
person
commits
theft
in
the
fourth
degree
pursuant
to
section
714.2,
subsection
4,
the
person
is
guilty
of
an
aggravated
misdemeanor.
e.
If
a
person
commits
theft
in
the
fifth
degree
pursuant
to
section
714.2,
subsection
5,
the
person
is
guilty
of
a
serious
misdemeanor.
2.
For
the
purposes
of
this
section,
“older
individual”
means
an
individual
who
is
sixty
years
of
age
or
older.
Sec.
3.
Section
714.16A,
Code
2022,
is
amended
to
read
as
follows:
714.16A
Additional
civil
penalty
for
consumer
frauds
committed
against
elderly
older
individuals
——
fund
established.
1.
a.
If
a
person
violates
section
714.16
,
and
the
violation
is
committed
against
an
older
person
individual
,
in
an
action
brought
by
the
attorney
general,
in
addition
to
any
other
civil
penalty,
the
court
may
impose
an
additional
civil
penalty
not
to
exceed
five
thousand
dollars
for
each
such
violation.
Additionally,
the
attorney
general
may
accept
a
civil
penalty
as
determined
by
the
attorney
general
in
settlement
of
an
investigation
of
a
violation
of
section
Senate
File
522,
p.
5
714.16
,
regardless
of
whether
an
action
has
been
filed
pursuant
to
section
714.16
.
b.
A
civil
penalty
imposed
by
a
court
or
determined
and
accepted
by
the
attorney
general
pursuant
to
this
section
shall
be
paid
to
the
treasurer
of
state,
who
shall
deposit
the
money
in
the
elderly
victim
fund,
a
separate
fund
created
in
the
state
treasury
and
administered
by
the
attorney
general
for
the
investigation
and
prosecution
of
frauds
against
the
elderly.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
An
award
of
reimbursement
pursuant
to
section
714.16
has
priority
over
a
civil
penalty
imposed
by
the
court
pursuant
to
this
subsection
.
2.
In
determining
whether
to
impose
a
civil
penalty
under
subsection
1
,
and
the
amount
of
any
such
penalty,
the
court
shall
consider
the
following:
a.
Whether
the
defendant’s
conduct
was
in
willful
disregard
of
the
rights
of
the
older
person
individual
.
b.
Whether
the
defendant
knew
or
should
have
known
that
the
defendant’s
conduct
was
directed
to
an
older
person
individual
.
c.
Whether
the
older
person
individual
was
substantially
more
vulnerable
to
the
defendant’s
conduct
because
of
age,
poor
health,
infirmity,
impaired
understanding,
restricted
mobility,
or
disability,
than
other
persons.
d.
Any
other
factors
the
court
deems
appropriate.
3.
As
used
in
this
section
,
“older
person”
“older
individual”
means
a
person
who
is
sixty-five
years
of
age
or
an
individual
who
is
sixty
years
of
age
or
older.
Sec.
4.
NEW
SECTION
.
726.24
Elder
abuse
——
initiation
of
charges
——
penalty.
1.
As
used
in
this
section
unless
the
context
otherwise
requires:
a.
“Abuse”
means
the
infliction
of
physical
harm
or
the
deprivation
of
goods
or
services
that
are
necessary
to
meet
essential
needs
or
to
avoid
physical
harm
or
psychological
harm.
b.
“Caregiver”
means
an
individual
who
has
the
responsibility
for
the
care
or
custody
of
an
older
individual,
whether
voluntarily,
by
contract,
by
receipt
of
payment
for
Senate
File
522,
p.
6
care,
or
as
a
result
of
the
operation
of
law,
and
includes
but
is
not
limited
to
a
family
member
or
other
individual
who
provides,
whether
on
the
individual’s
own
behalf
or
on
behalf
of
a
public
or
private
entity,
compensated
or
uncompensated
care
to
an
older
individual.
c.
“Elder
abuse”
means
the
abuse,
emotional
abuse,
neglect,
isolation,
or
sexual
exploitation
of
an
older
individual.
“Elder
abuse”
does
not
include
any
of
the
following:
(1)
Circumstances
in
which
the
older
individual
declines
medical
treatment
if
the
older
individual
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(2)
Circumstances
in
which
the
older
individual’s
caregiver
or
fiduciary,
acting
in
accordance
with
the
older
individual’s
stated
or
implied
consent,
declines
medical
treatment
if
the
older
individual
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(3)
The
withholding
or
withdrawing
of
health
care
from
an
older
individual
who
is
terminally
ill
in
the
opinion
of
a
licensed
physician,
when
the
withholding
or
withdrawing
of
health
care
is
done
at
the
request
of
the
older
individual
or
at
the
request
of
the
older
individual’s
next
of
kin,
attorney
in
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
chapter
125,
144A,
144B,
222,
229,
or
633.
d.
“Emotional
abuse”
means
the
willful
or
reckless
infliction
of
psychological
harm,
emotional
or
mental
anguish,
or
the
use
of
physical
or
chemical
restraint,
medication,
or
isolation
as
punishment
or
as
a
substitute
for
treatment
or
care.
e.
“Fiduciary”
means
a
guardian,
trustee,
executor,
administrator,
receiver,
conservator,
attorney
in
fact,
or
any
person,
whether
individual
or
corporate,
acting
in
any
fiduciary
capacity
for
or
on
behalf
of
any
older
individual.
f.
(1)
“Isolate”
or
“isolation”
means
preventing
an
older
individual
from
having
contact
with
another
person
by
any
of
the
following:
(a)
Intentionally
preventing
the
older
individual
from
Senate
File
522,
p.
7
receiving
visitors,
mail,
or
telephone
calls,
including,
without
limitation,
communicating
to
a
person
who
comes
to
visit
the
older
individual
or
a
person
who
telephones
the
older
individual
that
the
older
individual
is
not
present
or
does
not
want
to
meet
with
or
talk
to
the
visitor
or
caller
while
knowing
that
the
statement
is
false,
contrary
to
the
express
wishes
of
the
older
individual,
and
intended
to
prevent
the
older
individual
from
having
contact
with
the
visitor.
(b)
Physically
restraining
the
older
individual
to
prevent
the
older
individual
from
meeting
with
a
person
who
comes
to
visit
the
older
individual.
(c)
Permitting
any
of
the
acts
described
in
subparagraph
division
(a)
or
(b)
to
be
committed
against
an
older
individual.
(2)
“Isolate”
or
“isolation”
does
not
mean
an
act
intended
to
protect
the
property
or
physical
or
mental
welfare
of
the
older
individual
or
an
act
performed
pursuant
to
the
instructions
of
a
physician
of
the
older
individual.
g.
“Neglect”
means
the
failure
of
a
caregiver
or
fiduciary
to
provide
adequate
food,
shelter,
clothing,
supervision,
physical
or
mental
health
care,
and
goods
or
services
necessary
to
maintain
the
life,
health,
or
safety
of
an
older
individual,
which
if
not
provided
would
constitute
denial
of
critical
care.
h.
“Older
individual”
means
a
person
sixty
years
of
age
or
older
who
is
unable
to
protect
himself
or
herself
from
elder
abuse
as
a
result
of
a
mental
or
physical
condition
or
because
of
a
personal
circumstance
which
results
in
an
increased
risk
of
harm
to
the
person.
i.
“Older
individual
assault”
means
the
same
as
defined
in
section
708.2D.
j.
“Physical
harm”
means
bodily
injury,
bodily
pain,
impairment,
or
disease.
k.
“Psychological
harm”
means
an
injury
to
the
intellectual
functioning
or
emotional
state
of
an
older
individual
as
evidenced
by
an
observable
or
measurable
reduction
in
the
older
adult’s
ability
to
function
within
that
individual’s
customary
range
of
performance
and
that
individual’s
behavior.
l.
“Serious
injury”
means
the
same
as
defined
in
section
702.18.
Senate
File
522,
p.
8
m.
“Sexual
exploitation”
means
any
sexual
contact
against
an
older
individual’s
will.
This
includes
acts
in
which
the
older
individual
is
unable
to
understand
the
act
or
is
unable
to
communicate
or
is
under
undue
influence
and
includes
coerced
nudity;
fondling,
touching,
or
kissing;
making
the
person
fondle
someone
else’s
genitals;
forcing
the
person
to
observe
sexual
acts;
photographing
the
person
in
sexually
explicit
ways
whether
for
purposes
of
gratification
or
degradation;
and
sexual
assault.
n.
“Undue
influence”
means
when
a
person
uses
or
knowingly
assists
or
causes
another
person
to
use
that
person’s
role,
relationship,
or
power
to
exploit
the
trust,
dependency,
or
fear
of
an
older
individual,
or
uses
or
knowingly
assists
or
causes
another
person
to
use
that
person’s
role,
relationship,
or
power
to
deceptively
gain
control
over
an
older
individual’s
decision-making
process.
2.
It
shall
be
unlawful
for
any
person
to
abuse,
emotionally
abuse,
neglect,
isolate,
or
sexually
exploit
any
older
individual.
3.
A
charge
of
elder
abuse
may
be
initiated
as
a
result
of
an
investigation
by
a
social
services
agency,
or
on
the
direct
initiative
of
the
attorney
general,
a
county
attorney,
or
a
law
enforcement
agency.
4.
A
person
who
commits
a
first
offense
of
elder
abuse
is
guilty
of
the
following,
as
applicable:
a.
A
person
who
intentionally
commits
elder
abuse
is
guilty
of
a
class
“C”
felony
if
the
intentional
elder
abuse
results
in
serious
injury.
b.
A
person
who
recklessly
commits
elder
abuse
is
guilty
of
a
class
“D”
felony
if
the
reckless
elder
abuse
results
in
serious
injury.
c.
A
person
who
intentionally
commits
elder
abuse
is
guilty
of
a
class
“D”
felony
if
the
intentional
elder
abuse
results
in
physical
injury
or
psychological
harm.
d.
A
person
who
recklessly
commits
elder
abuse
is
guilty
of
an
aggravated
misdemeanor
if
the
reckless
elder
abuse
results
in
physical
injury
or
psychological
harm.
e.
A
person
who
otherwise
intentionally
commits
elder
abuse
is
guilty
of
a
serious
misdemeanor.
Senate
File
522,
p.
9
5.
On
a
second
or
subsequent
offense
of
elder
abuse
under
subsection
4,
paragraph
“a”
,
a
person
commits
a
class
“B”
felony.
6.
On
a
second
or
subsequent
offense
of
elder
abuse
under
subsection
4,
paragraph
“b”
or
“c”
,
a
person
commits
a
class
“C”
felony.
7.
On
a
second
or
subsequent
offense
of
elder
abuse
under
subsection
4,
paragraph
“d”
or
“e”
,
a
person
commits
a
class
“D”
felony.
8.
It
does
not
constitute
a
defense
to
a
prosecution
for
any
violation
of
this
section
that
the
alleged
perpetrator
did
not
know
the
age
of
the
victim.
9.
In
a
criminal
action
in
which
an
older
individual
is
a
victim,
the
state
may
move
the
court
to
advance
the
trial
on
the
docket.
The
presiding
judge,
after
consideration
of
the
age
and
health
of
the
victim,
may
advance
the
trial
on
the
docket.
The
motion
may
be
filed
and
served
with
the
information
or
charges
at
any
time.
10.
a.
A
conviction
or
deferred
judgment
for
or
plea
of
guilty
to
a
violation
of
this
section
which
occurred
more
than
twelve
years
prior
to
the
date
of
the
violation
charged
shall
not
be
considered
in
determining
that
the
violation
charged
is
a
second
or
subsequent
offense.
b.
For
the
purpose
of
determining
if
a
violation
charged
is
a
second
or
subsequent
offense,
deferred
judgments
issued
pursuant
to
section
907.3
for
violations
of
this
section,
or
judgments
or
deferred
judgments
issued
pursuant
to
sections
708.2D
and
714.2A,
and
convictions
or
the
equivalent
of
deferred
judgments
for
violations
in
any
other
state
under
statutes
substantially
corresponding
to
this
section
shall
be
counted
as
previous
offenses.
The
courts
shall
judicially
notice
the
statutes
of
other
states
which
define
offenses
substantially
equivalent
to
the
offenses
defined
in
this
section
and
can
therefore
be
considered
corresponding
statutes.
Each
previous
violation
on
which
conviction
or
deferral
of
judgment
was
entered
prior
to
the
date
of
the
offense
charged
shall
be
considered
and
counted
as
a
separate
previous
offense.
c.
An
offense
shall
be
considered
a
prior
offense
regardless
of
whether
it
was
committed
upon
the
same
victim.
Senate
File
522,
p.
10
11.
If
a
person
is
convicted
or
receives
a
deferred
judgment
for,
or
pleads
guilty
to
a
violation
of
this
section,
the
court
shall
modify
the
no-contact
order
issued
upon
initial
appearance
in
the
manner
provided
in
section
664A.5,
regardless
of
whether
the
person
is
placed
on
probation.
12.
The
clerk
of
the
district
court
shall
provide
notice
and
copies
of
a
judgment
entered
under
this
section
to
the
applicable
law
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
provided
for
protective
orders
under
chapter
235F.
The
clerk
shall
provide
notice
and
copies
of
modifications
of
the
judgment
in
the
same
manner.
Sec.
5.
NEW
SECTION
.
726.25
Financial
exploitation
of
an
older
individual.
1.
For
the
purposes
of
this
section:
a.
“Caregiver”
means
an
individual
who
has
the
responsibility
for
the
care
or
custody
of
an
older
individual,
whether
voluntarily,
by
contract,
through
employment,
or
as
a
result
of
the
operation
of
law,
and
includes
but
is
not
limited
to
a
family
member
or
other
individual
who
provides
compensated
or
uncompensated
care
to
an
older
individual.
b.
“Coercion”
means
communication
or
conduct
which
compels
an
older
individual
to
act
or
refrain
from
acting
against
the
older
individual’s
will.
c.
“Older
individual”
means
an
individual
who
is
sixty
years
of
age
or
older.
d.
“Stands
in
a
position
of
trust
or
confidence”
means
the
person
has
any
of
the
following
relationships
relative
to
the
older
individual:
(1)
Is
a
relative
by
consanguinity
or
affinity
of
the
older
individual.
(2)
Is
a
joint
tenant
or
tenant
in
common
with
the
older
individual.
(3)
Has
a
legal
or
fiduciary
relationship
with
the
older
individual.
For
the
purposes
of
this
paragraph,
a
legal
or
fiduciary
relationship
with
the
older
individual
does
not
include
a
legal
or
fiduciary
relationship
an
older
individual
may
have
with
a
bank
incorporated
under
the
provisions
of
any
state
or
federal
law,
any
savings
and
loan
association
or
Senate
File
522,
p.
11
savings
bank
incorporated
under
the
provisions
of
any
state
or
federal
law,
or
any
credit
union
organized
under
the
provisions
of
any
state
or
federal
law.
(4)
Is
a
financial
planning
or
investment
professional
providing
or
offering
to
provide
financial
planning
or
investment
advice
to
the
older
individual.
(5)
Is
a
beneficiary
of
the
older
individual
in
a
governing
instrument.
(6)
Is
a
caregiver
for
the
older
individual.
(7)
Is
a
person
who
has
otherwise
formed
a
relationship
of
trust
or
reliance
with
the
older
individual
such
that
the
person
should
reasonably
expect
that
the
older
individual
would
likely
rely
upon
the
person
to
act
in
good
faith
for
the
older
individual’s
interest.
e.
“Undue
influence”
means
excessive
persuasion
by
a
person
that
causes
an
older
individual
to
act
or
refrain
from
acting
by
overcoming
an
older
individual’s
free
will
and
results
in
inequity.
In
determining
whether
a
result
was
produced
by
undue
influence,
all
of
the
following
shall
be
considered:
(1)
The
vulnerability
of
the
older
individual.
Evidence
of
vulnerability
may
include
but
is
not
limited
to
incapacity,
illness,
disability,
injury,
age,
education,
impaired
cognitive
function,
emotional
distress,
isolation,
or
dependency,
and
whether
the
person
knew
or
should
have
known
of
the
alleged
older
individual’s
vulnerability.
(2)
The
person’s
apparent
authority.
Evidence
of
apparent
authority
may
include
but
is
not
limited
to
status
as
a
fiduciary,
family
member,
care
provider,
health
care
professional,
legal
professional,
spiritual
advisor,
expert,
or
other
qualifications.
(3)
The
person’s
actions
or
tactics.
Evidence
of
actions
or
tactics
used
may
include
but
is
not
limited
to
all
of
the
following:
(a)
Controlling
necessaries
of
life,
medication,
the
older
individual’s
interactions
with
others,
access
to
information,
or
sleep.
(b)
Use
of
affection,
intimidation,
or
coercion.
(c)
Initiation
of
changes
in
personal
or
property
rights,
use
of
haste
or
secrecy
in
effecting
those
changes,
effecting
Senate
File
522,
p.
12
changes
at
inappropriate
times
and
places,
and
claims
of
expertise
in
effecting
changes.
(4)
The
equity
of
the
result.
Evidence
of
the
equity
of
the
result
may
include
but
is
not
limited
to
the
economic
consequences
to
the
older
individual;
any
divergence
from
the
older
individual’s
prior
intent,
course
of
conduct,
or
dealing;
the
relationship
of
the
value
conveyed
to
the
value
of
any
services
or
consideration
received;
or
the
appropriateness
of
the
change
in
light
of
the
length
and
nature
of
the
relationship.
Evidence
of
an
inequitable
result,
without
more,
is
not
sufficient
to
prove
undue
influence.
2.
A
person
commits
financial
exploitation
of
an
older
individual
when
the
person
stands
in
a
position
of
trust
or
confidence
with
the
older
individual
and
knowingly
and
by
undue
influence,
deception,
coercion,
fraud,
breach
of
fiduciary
duty,
or
extortion,
obtains
control
over
or
otherwise
uses
the
benefits,
property,
resources,
belongings,
or
assets
of
the
older
individual,
to
the
detriment
of
the
older
individual.
3.
A
person
who
commits
a
first
offense
of
financial
exploitation
of
an
older
individual
is
guilty
of
the
following,
as
applicable:
a.
A
serious
misdemeanor
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
is
one
hundred
dollars
or
less.
b.
An
aggravated
misdemeanor
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
exceeds
one
hundred
dollars
but
does
not
exceed
one
thousand
dollars.
c.
A
class
“D”
felony
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
exceeds
one
thousand
dollars
but
does
not
exceed
ten
thousand
dollars.
d.
A
class
“C”
felony
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
exceeds
ten
thousand
dollars
but
does
not
exceed
fifty
thousand
dollars.
e.
A
class
“B”
felony
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
exceeds
fifty
thousand
dollars,
or
if
the
older
individual
is
seventy
years
of
age
to
eighty
years
of
age
and
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
is
fifteen
thousand
dollars
or
more,
or
if
the
older
individual
is
eighty
years
Senate
File
522,
p.
13
of
age
or
older
and
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
is
five
thousand
dollars
or
more.
4.
On
a
second
or
subsequent
offense
of
financial
exploitation
of
an
older
individual,
a
person
commits
a
class
“C”
felony
if
the
value
of
the
benefits,
property,
resources,
belongings,
or
assets
does
not
exceed
fifty
thousand
dollars
unless
subsection
3,
paragraph
“e”
,
applies.
5.
Nothing
in
this
section
shall
be
construed
to
limit
other
remedies
available
to
the
older
individual
including
those
provided
under
chapters
235F
and
236.
6.
Nothing
in
this
section
shall
be
construed
to
alter
the
competency
requirements
under
section
633.264
relative
to
a
will
or
under
section
633A.2102
relative
to
a
trust.
7.
Nothing
in
this
section
shall
be
construed
to
impose
criminal
liability
on
a
person
who
has
made
a
good-faith
effort
to
assist
an
older
individual
regarding
or
in
the
management
of
the
older
individual’s
benefits,
property,
resources,
belongings,
or
assets,
but
who
has
been,
in
whole
or
in
part,
unable
to
provide
such
assistance.
“Management
of
the
older
individual’s
benefits,
property,
resources,
belongings,
or
assets”
includes
estate
planning
when
performed
by
an
attorney
licensed
to
practice
law
in
this
state.
8.
Nothing
in
this
section
shall
be
construed
to
impose
criminal
liability
on
a
person
based
solely
on
the
sale
of
a
product
or
service,
including
legal
services,
or
on
the
good-faith
solicitation
of
a
bona
fide
charitable
donation
to
a
nonprofit
organization
that
qualifies
for
tax-exempt
status
under
the
Internal
Revenue
Code.
9.
Nothing
in
this
section
shall
be
construed
to
impose
criminal
liability
on
a
person
who
has
made
a
good-faith
effort
to
assist
an
older
individual
in
the
management
of
the
older
individual’s
benefits,
property,
resources,
belongings,
or
assets
when
the
efforts
are
undertaken
for
the
preservation
of
the
assets
of
the
older
individual
or
the
older
individual’s
spouse
or
for
the
safety
of
the
older
individual
or
the
older
individual’s
spouse.
10.
It
shall
not
be
a
defense
to
financial
exploitation
of
an
older
individual
that
the
alleged
perpetrator
did
not
know
Senate
File
522,
p.
14
the
age
of
the
older
individual
or
reasonably
believed
that
the
alleged
victim
was
not
an
older
individual.
11.
In
a
criminal
action
in
which
an
older
individual
is
a
victim,
the
state
may
make
a
motion
to
the
court
to
advance
the
trial
on
the
docket.
The
presiding
judge,
after
consideration
of
the
age
and
health
of
the
victim,
may
grant
a
motion
to
advance
the
trial
on
the
docket.
The
motion
may
be
filed
and
served
with
the
information
or
charges
at
any
time.
12.
a.
A
conviction
or
deferred
judgment
for
or
plea
of
guilty
to
a
violation
of
this
section
which
occurred
more
than
twelve
years
prior
to
the
date
of
the
violation
charged
shall
not
be
considered
in
determining
whether
the
violation
charged
is
a
second
or
subsequent
offense.
b.
For
the
purpose
of
determining
if
a
violation
charged
is
a
second
or
subsequent
offense,
deferred
judgments
issued
pursuant
to
section
907.3
for
violations
of
this
section
or
judgments
or
deferred
judgments
issued
pursuant
to
sections
708.2D
and
714.2A,
and
convictions
or
the
equivalent
of
deferred
judgments
for
violations
in
any
other
state
under
statutes
substantially
corresponding
to
this
section
shall
be
counted
as
previous
offenses.
The
courts
shall
judicially
notice
the
statutes
of
other
states
which
define
offenses
substantially
equivalent
to
the
offenses
defined
in
this
section
and
can
therefore
be
considered
corresponding
statutes.
Each
previous
violation
on
which
conviction
or
deferral
of
judgment
was
entered
prior
to
the
date
of
the
offense
charged
shall
be
considered
and
counted
as
a
separate
previous
offense.
c.
An
offense
shall
be
considered
a
prior
offense
regardless
of
whether
it
was
committed
upon
the
same
victim.
13.
If
a
person
is
convicted
of,
receives
a
deferred
judgment
for,
or
pleads
guilty
to
a
violation
of
this
section,
the
court
shall
modify
the
no-contact
order
issued
upon
initial
appearance
in
the
manner
provided
in
section
664A.5,
regardless
of
whether
the
person
is
placed
on
probation.
14.
The
clerk
of
the
district
court
shall
provide
notice
and
copies
of
a
judgment
entered
under
this
section
to
the
applicable
law
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
provided
for
protective
orders
under
chapter
235F.
The
Senate
File
522,
p.
15
clerk
shall
provide
notice
and
copies
of
modifications
of
the
judgment
in
the
same
manner.
Sec.
6.
NEW
SECTION
.
726.26
Dependent
adult
abuse
——
initiation
of
charges
——
penalty.
1.
For
the
purposes
of
this
section,
“caretaker”
,
“dependent
adult”
,
and
“dependent
adult
abuse”
mean
the
same
as
defined
in
section
235B.2.
2.
A
charge
of
dependent
adult
abuse
may
be
initiated
upon
the
complaint
of
a
private
individual,
as
a
result
of
an
investigation
by
a
social
service
agency,
or
on
the
direct
initiative
of
the
office
of
the
attorney
general,
a
county
attorney,
or
a
law
enforcement
agency.
3.
A
caretaker
who
intentionally
commits
dependent
adult
abuse
is
guilty
of
a
class
“C”
felony
if
the
intentional
dependent
adult
abuse
results
in
serious
injury.
4.
A
caretaker
who
recklessly
commits
dependent
adult
abuse
is
guilty
of
a
class
“D”
felony
if
the
reckless
dependent
adult
abuse
results
in
serious
injury.
5.
A
caretaker
who
intentionally
commits
dependent
adult
abuse
is
guilty
of
a
class
“C”
felony
if
the
intentional
dependent
adult
abuse
results
in
physical
injury.
6.
A
caretaker
who
commits
dependent
adult
abuse
by
exploitation
of
a
dependent
adult
is
guilty
of
a
class
“D”
felony
if
the
value
of
the
property,
assets,
or
resources
exceeds
one
hundred
dollars.
7.
A
caretaker
who
recklessly
commits
dependent
adult
abuse
is
guilty
of
an
aggravated
misdemeanor
if
the
reckless
dependent
adult
abuse
results
in
physical
injury.
8.
A
caretaker
who
otherwise
intentionally
or
knowingly
commits
dependent
adult
abuse
is
guilty
of
a
serious
misdemeanor.
9.
A
caretaker
who
commits
dependent
adult
abuse
by
exploitation
of
a
dependent
adult
is
guilty
of
a
simple
misdemeanor
if
the
value
of
the
property,
assets,
or
resources
is
one
hundred
dollars
or
less.
10.
A
caretaker
alleged
to
have
committed
dependent
adult
abuse
shall
be
charged
with
the
respective
offense
cited,
unless
a
charge
may
be
brought
based
upon
a
more
serious
offense,
in
which
case
the
charge
of
the
more
serious
offense
Senate
File
522,
p.
16
shall
supersede
the
less
serious
charge.
Sec.
7.
REPEAL.
Section
235B.20,
Code
2022,
is
repealed.
Sec.
8.
CODE
EDITOR
DIRECTIVES.
The
Code
editor
shall
do
all
of
the
following:
1.
Create
a
new
subchapter
in
chapter
726,
entitled
“Resident,
Dependent
Adult,
and
Older
Individual
Protection
Act”
that
includes
sections
726.24,
726.25,
and
726.26,
as
enacted
in
this
Act.
2.
a.
Transfer
sections
726.7
and
726.8,
Code
2022,
to
the
new
subchapter
and
renumber
the
transferred
sections
as
follows:
(1)
Section
726.7
as
section
726.27.
(2)
Section
726.8
as
section
726.28.
b.
Correct
internal
references
as
necessary.
3.
Amend
the
title
of
the
chapter
to
read
“Protections
for
the
family,
dependent
persons,
residents
of
health
care
facilities,
and
older
individuals”.
DIVISION
II
CONFORMING
CHANGES
Sec.
9.
Section
13.2,
subsection
1,
Code
2022,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
p.
Develop
written
procedures
and
policies
to
be
followed
by
prosecuting
attorneys
in
the
prosecution
of
elder
abuse,
older
individual
assault,
theft
against
an
older
individual,
consumer
frauds
committed
against
an
older
individual,
and
financial
exploitation
of
an
older
individual
under
sections
708.2D,
714.2A,
714.16A,
726.24,
and
726.25.
Sec.
10.
Section
235E.4,
Code
2022,
is
amended
to
read
as
follows:
235E.4
Chapter
235B
and
section
726.26
application.
Sections
235B.4
through
235B.20
235B.19
and
section
726.26
,
where
not
inconsistent
with
this
chapter
,
shall
apply
to
this
chapter
.
Sec.
11.
Section
272C.15,
subsection
4,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
The
amount
of
time
that
has
passed
since
the
commission
of
the
crime.
There
is
a
rebuttable
presumption
that
an
applicant
is
rehabilitated
and
an
appropriate
candidate
for
licensure
five
years
after
the
date
of
the
applicant’s
Senate
File
522,
p.
17
release
from
incarceration,
provided
that
the
applicant
was
not
convicted
of
sexual
abuse
in
violation
of
section
709.4
,
a
sexually
violent
offense
as
defined
in
section
229A.2
,
dependent
adult
abuse
in
violation
of
section
235B.20
726.26
,
a
forcible
felony
as
defined
in
section
702.11
,
or
domestic
abuse
assault
in
violation
of
section
708.2A
,
and
the
applicant
has
not
been
convicted
of
another
crime
after
release
from
incarceration.
Sec.
12.
Section
664A.1,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
“Protective
order”
means
a
protective
order
issued
pursuant
to
chapter
232
,
a
court
order
or
court-approved
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
235F
,
a
court
order
or
court-approved
consent
agreement
entered
pursuant
to
chapter
236
or
236A
,
including
a
valid
foreign
protective
order
under
section
236.19,
subsection
3
,
or
section
236A.19,
subsection
3
,
a
temporary
or
permanent
protective
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
order
that
establishes
conditions
of
release
or
is
a
protective
order
or
sentencing
order
in
a
criminal
prosecution
arising
from
a
domestic
abuse
assault
under
section
708.2A
or
older
individual
assault
under
section
708.2D
,
or
a
civil
injunction
issued
pursuant
to
section
915.22
.
Sec.
13.
Section
664A.2,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
This
chapter
applies
to
no-contact
orders
issued
for
violations
or
alleged
violations
of
sections
708.2A
,
708.2D,
708.7
,
708.11
,
709.2
,
709.3
,
and
709.4
,
and
any
other
public
offense
for
which
there
is
a
victim.
Sec.
14.
Section
664A.7,
subsection
5,
Code
2022,
is
amended
to
read
as
follows:
5.
Violation
of
a
no-contact
order
entered
for
the
offense
or
alleged
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A
,
the
offense
or
alleged
offense
of
older
individual
assault
in
violation
of
section
708.2D,
or
a
violation
of
a
protective
order
issued
pursuant
to
chapter
232
,
235F
,
236
,
236A
,
598
,
or
915
constitutes
a
public
offense
and
is
punishable
as
a
simple
misdemeanor.
Alternatively,
the
court
may
hold
a
person
in
contempt
of
court
for
such
a
Senate
File
522,
p.
18
violation,
as
provided
in
subsection
3
.
Sec.
15.
Section
671A.2,
subsection
1,
paragraph
b,
Code
2022,
is
amended
to
read
as
follows:
b.
The
employee,
agent,
or
independent
contractor
was
convicted
of
any
of
the
following:
(1)
A
public
offense
that
was
committed
while
performing
duties
substantially
similar
to
those
reasonably
expected
to
be
performed
in
the
employment
or
under
the
relationship
or
contract,
or
under
conditions
substantially
similar
to
those
reasonably
expected
to
be
encountered
in
the
employment
or
under
the
relationship
or
contract,
taking
into
consideration
all
of
the
following
factors:
(a)
The
nature
and
seriousness
of
the
public
offense.
(b)
The
extent
and
nature
of
the
employee,
agent,
or
independent
contractor’s
past
criminal
activity.
(c)
The
age
of
the
employee,
agent,
or
independent
contractor
when
the
public
offense
was
committed.
(d)
The
amount
of
time
that
has
elapsed
since
the
employee,
agent,
or
independent
contractor’s
last
criminal
activity.
(2)
A
sexually
violent
offense
as
defined
in
section
229A.2
.
(3)
The
offense
of
dependent
adult
abuse
as
provided
for
under
section
235B.20
.
(4)
(3)
The
offense
of
murder
in
the
first
degree
under
section
707.2
.
(5)
(4)
The
offense
of
murder
in
the
second
degree
under
section
707.3
.
(6)
(5)
The
offense
of
assault
as
defined
in
section
708.1
that
is
a
felony
under
section
708.2
.
(7)
(6)
The
offense
of
domestic
abuse
assault
as
defined
in
section
708.2A
.
(8)
(7)
The
offense
of
kidnapping
in
the
first
degree
under
section
710.2
.
(9)
(8)
The
offense
of
robbery
in
the
first
degree
under
section
711.2
.
(10)
(9)
An
offense
committed
on
certain
real
property
for
which
an
enhanced
penalty
was
received
under
section
124.401A
or
124.401B
.
(11)
(10)
A
felony
offense
where
the
employee,
agent,
or
independent
contractor
used
or
exhibited
a
dangerous
weapon
as
Senate
File
522,
p.
19
defined
in
section
702.7
during
the
commission
of
or
during
immediate
flight
from
the
scene
of
the
felony
offense,
or
where
the
employee,
agent,
or
independent
contractor
used
or
exhibited
the
dangerous
weapon
or
was
a
party
to
the
felony
offense
and
knew
that
a
dangerous
weapon
would
be
used
or
exhibited.
(11)
The
offense
of
dependent
adult
abuse
as
provided
for
under
section
726.26.
Sec.
16.
Section
901C.3,
subsection
2,
paragraph
c,
Code
2022,
is
amended
by
striking
the
paragraph.
Sec.
17.
Section
915.22,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
The
clerk
of
the
district
court
shall
provide
notice
and
copies
of
restraining
orders
issued
pursuant
to
this
section
in
a
criminal
case
involving
an
alleged
violation
of
section
708.2D
to
the
applicable
law
enforcement
agencies
and
the
twenty-four-hour
dispatch
for
the
law
enforcement
agencies,
in
the
manner
provided
for
protective
orders
under
section
235F.6.
The
clerk
shall
provide
notice
and
copies
of
modifications
or
vacations
of
these
orders
in
the
same
manner.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
522,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor