Bill Text: IA SSB1062 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act including personal degradation of a dependent adult as a form of dependent adult abuse by a caretaker regulated by the department of human services, and making penalties applicable.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-06 - Subcommittee recommends passage. [SSB1062 Detail]
Download: Iowa-2019-SSB1062-Introduced.html
Senate
Study
Bill
1062
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
including
personal
degradation
of
a
dependent
adult
as
1
a
form
of
dependent
adult
abuse
by
a
caretaker
regulated
2
by
the
department
of
human
services,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
235B.2,
subsection
5,
paragraph
a,
Code
1
2019,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(4)
(a)
Personal
degradation
of
a
3
dependent
adult
by
a
caretaker.
4
(b)
“Personal
degradation”
means
a
willful
act
or
statement
5
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
or
6
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
7
where
the
caretaker
knew
or
reasonably
should
have
known
the
8
act
or
statement
would
cause
shame,
degradation,
humiliation,
9
or
harm
to
the
personal
dignity
of
a
reasonable
person.
10
“Personal
degradation”
includes
the
taking,
transmission,
11
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
12
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
13
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
14
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
15
or
where
the
caretaker
knew
or
reasonably
should
have
known
16
the
act
would
cause
shame,
degradation,
humiliation,
or
harm
17
to
the
personal
dignity
of
a
reasonable
person.
“Personal
18
degradation”
does
not
include
the
taking,
transmission,
or
19
display
of
an
electronic
image
of
a
dependent
adult
for
the
20
purpose
of
reporting
dependent
adult
abuse
to
law
enforcement,
21
the
department,
or
other
regulatory
agency
that
oversees
22
caretakers
or
enforces
abuse
or
neglect
provisions,
or
for
the
23
purpose
of
treatment
or
diagnosis
or
as
part
of
an
ongoing
24
investigation.
“Personal
degradation”
also
does
not
include
25
the
taking,
transmission,
or
display
of
an
electronic
image
by
26
a
caretaker
who
takes,
transmits,
or
displays
the
electronic
27
image
in
accordance
with
the
confidentiality
policy
and
release
28
of
information
or
consent
policies
of
a
contractor,
employer,
29
or
facility
or
program
not
covered
under
section
235E.1,
30
subsection
5,
paragraph
“a”
,
subparagraph
(3).
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
includes
personal
degradation
as
a
form
of
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dependent
adult
abuse
by
a
caretaker
regulated
by
the
1
department
of
human
services
pursuant
to
Code
chapter
2
235B
(dependent
adult
abuse).
The
bill
defines
“personal
3
degradation”
as
a
willful
act
or
statement
by
a
caretaker
4
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
5
a
dependent
adult’s
personal
dignity,
or
a
willful
act
6
or
statement
by
a
caretaker
where
the
caretaker
knew
or
7
reasonably
should
have
known
the
act
or
statement
would
8
shame,
degrade,
humiliate,
or
otherwise
harm
the
dependent
9
adult’s
personal
dignity.
“Personal
degradation”
includes
10
the
taking,
transmission,
or
display
of
an
electronic
image
11
of
a
dependent
adult
by
a
caretaker,
where
the
caretaker’s
12
actions
constitute
a
willful
act
or
statement
intended
to
13
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
14
dignity
of
the
dependent
adult.
The
bill
creates
an
exception
15
to
the
definition
for
electronic
images
of
a
dependent
adult
16
that
are
taken,
transmitted,
or
displayed
for
the
purpose
of
17
reporting
dependent
adult
abuse
or
for
the
purpose
of
treatment
18
or
diagnosis
or
as
part
of
an
ongoing
investigation.
The
bill
19
provides
“personal
degradation”
does
not
include
the
taking,
20
transmission,
or
display
of
an
electronic
image
by
a
caretaker
21
who
takes,
transmits,
or
displays
the
electronic
image
in
22
accordance
with
the
confidentiality
policy
and
release
of
23
information
or
consent
policies
of
a
contractor,
employer,
24
or
facility
or
program
not
regulated
by
the
department
25
of
inspections
and
appeals
pursuant
to
Code
chapter
235E
26
(dependent
adult
abuse
in
facilities
and
programs).
27
For
purposes
of
Code
chapter
235B,
a
caretaker
is
defined
28
as
a
related
or
nonrelated
person
who
has
the
responsibility
29
for
the
protection,
care,
or
custody
of
a
dependent
adult
as
a
30
result
of
assuming
the
responsibility
voluntarily,
by
contract,
31
through
employment,
or
by
order
of
the
court.
32
A
caretaker
who
commits
the
crime
of
dependent
adult
abuse
33
by
personal
degradation
is
guilty
of
a
serious
misdemeanor.
34
A
serious
misdemeanor
is
punishable
by
confinement
for
no
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