Senate
File
2117
-
Introduced
SENATE
FILE
2117
BY
RAGAN
(COMPANION
TO
HF
2106
BY
HEDDENS)
A
BILL
FOR
An
Act
relating
to
elder
abuse
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5237XS
(3)
85
pf/nh
S.F.
2117
DIVISION
I
1
ELDER
ABUSE
RESPONSE
INITIATIVE
2
Section
1.
NEW
SECTION
.
231G.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Abuse”
means
the
knowing
infliction
of
physical
or
6
psychological
harm
or
the
knowing
deprivation
of
goods
or
7
services
that
are
necessary
to
meet
essential
needs
or
to
avoid
8
physical
or
psychological
harm.
“Abuse”
includes
but
is
not
9
limited
to:
10
a.
Physical
injury
to,
or
injury
which
is
at
a
variance
with
11
the
history
given
of
the
injury,
or
unreasonable
confinement,
12
unreasonable
punishment,
or
assault
of
an
older
individual.
13
b.
The
commission
of
a
sexual
offense
under
chapter
709
or
14
section
726.2
with
or
against
an
older
individual.
15
c.
The
commission
of
elder
abuse
assault
under
section
16
708.2D.
17
2.
“Aging
and
disability
resource
center”
means
the
same
as
18
defined
in
section
231.4.
19
3.
“Area
agency
on
aging”
means
the
same
as
defined
in
20
section
231.4.
21
4.
“Attorney
in
fact”
means
an
attorney
in
fact
under
a
22
power
of
attorney
pursuant
to
chapter
633B
or
an
attorney
in
23
fact
under
a
durable
power
of
attorney
for
health
care
pursuant
24
to
chapter
144B.
25
5.
“Caregiver”
means
an
individual
who
has
the
26
responsibility
for
the
care
or
custody
of
an
older
individual,
27
whether
voluntarily,
by
contract,
through
employment,
or
as
a
28
result
of
the
operation
of
law,
and
includes
but
is
not
limited
29
to
a
family
member
or
other
individual
who
provides
compensated
30
or
uncompensated
care
to
an
older
individual.
31
6.
“Conservator”
means
the
same
as
defined
in
section
633.3.
32
7.
“Department”
means
the
department
on
aging.
33
8.
“Director”
means
the
director
of
the
department
on
aging.
34
9.
“Elder
abuse”
means
the
abuse,
neglect,
or
financial
35
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2117
exploitation
of
an
older
individual.
“Elder
abuse”
does
not
1
include
any
of
the
following:
2
a.
Circumstances
in
which
an
older
individual
declines
3
medical
treatment
if
the
older
individual
holds
a
belief
or
is
4
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
5
reliance
on
spiritual
means
in
place
of
reliance
on
medical
6
treatment.
7
b.
Circumstances
in
which
an
older
individual’s
caregiver
8
or
fiduciary,
acting
in
accordance
with
the
older
individual’s
9
stated
or
implied
consent,
declines
medical
treatment
if
the
10
older
individual
holds
a
belief
or
is
an
adherent
of
a
religion
11
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
12
in
place
of
reliance
on
medical
treatment.
13
c.
The
withholding
or
withdrawing
of
medical
treatment
14
from
an
older
individual
who
is
terminally
ill
in
the
opinion
15
of
a
licensed
physician,
when
the
withholding
or
withdrawing
16
of
medical
treatment
is
done
at
the
request
of
the
older
17
individual
or
at
the
request
of
the
older
individual’s
next
of
18
kin,
attorney
in
fact,
or
guardian
pursuant
to
the
applicable
19
procedures
under
chapter
125,
144A,
144B,
222,
229,
or
633.
20
10.
“Elder
abuse
assault”
means
the
same
as
defined
in
21
section
708.2D.
22
11.
“Emergency
shelter
services”
means
and
includes
but
is
23
not
limited
to
secure
crisis
shelters
or
housing
for
a
victim
24
of
elder
abuse.
25
12.
“Federal
Act”
means
the
Older
Americans
Act
of
1965,
42
26
U.S.C.
§3001
et
seq.,
as
amended.
27
13.
“Fiduciary”
means
a
person
or
entity
with
the
legal
28
responsibility
to
make
decisions
on
behalf
of
and
for
the
29
benefit
of
an
older
individual
and
to
act
in
good
faith
and
30
with
fairness.
“Fiduciary”
includes
a
guardian,
trustee,
31
executor,
administrator,
receiver,
conservator,
attorney
32
in
fact,
representative
payee,
or
any
person
acting
in
any
33
fiduciary
capacity
for
or
on
behalf
of
an
older
individual.
34
14.
“Financial
exploitation”
means
financial
exploitation
35
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2117
as
provided
in
section
726.25.
1
15.
“Guardian”
means
the
same
as
defined
in
section
633.3.
2
16.
“Health
care
facility”
means
the
same
as
defined
in
3
section
135C.1.
4
17.
“Interfere
with”
means
to
interpose
in
a
manner
that
5
hinders
or
impedes
or
to
take
part
in
concerns
of
others.
6
18.
“Intimidate”
means
to
compel
or
deter
conduct
by
a
7
threat.
8
19.
“Menace”
means
to
show
intention
to
harm
or
to
act
in
9
threatening
manner.
10
20.
“Molest”
means
to
annoy,
disturb,
or
persecute,
11
especially
with
hostile
intent
or
injurious
effect,
and
12
includes
general
harassment.
13
21.
“Neglect”
means
the
failure
of
a
caregiver
or
fiduciary
14
to
provide
adequate
food,
shelter,
clothing,
supervision,
15
physical
or
mental
health
care,
or
goods
or
services
necessary
16
to
maintain
the
life,
health,
or
safety
of
an
older
individual,
17
which
if
not
provided
would
constitute
denial
of
critical
care.
18
22.
“Older
individual”
means
an
individual
who
is
sixty
19
years
of
age
or
older.
20
23.
“Physical
harm”
means
bodily
injury,
impairment,
or
21
disease.
22
24.
“Plaintiff”
means
an
older
individual
who
files
23
a
petition
under
this
chapter
and
includes
a
substitute
24
petitioner
who
files
a
petition
on
behalf
of
an
older
25
individual
under
this
chapter.
26
25.
“Present
danger
of
elder
abuse”
means
a
situation
27
in
which
the
defendant
has
recently
threatened
the
older
28
individual
with
initial
or
additional
elder
abuse,
or
the
29
potential
for
misappropriation,
misuse,
or
removal
of
the
30
benefits,
property,
resources,
belongings,
or
assets
of
the
31
older
individual.
32
26.
“Pro
se”
means
a
person
proceeding
on
the
person’s
own
33
behalf
without
legal
representation.
34
27.
“Psychological
harm”
means
the
infliction
of
anguish,
35
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2117
emotional
pain,
or
distress
through
verbal
or
nonverbal
acts.
1
28.
“Substitute
petitioner”
means
the
guardian,
conservator,
2
attorney
in
fact,
or
guardian
ad
litem
for
an
older
individual
3
who
files
a
petition
under
this
chapter.
4
29.
“Undue
influence”
means
taking
advantage
of
a
person’s
5
role,
relationship,
or
authority
to
improperly
change
or
6
obtain
control
over
the
actions
or
decision
making
of
an
older
7
individual.
8
Sec.
2.
NEW
SECTION
.
231G.2
Elder
abuse
resource
and
9
referral
program.
10
1.
The
department
shall
establish
and
operate
an
elder
abuse
11
resource
and
referral
program.
The
purposes
of
the
program
12
are:
13
a.
To
empower
older
individuals
to
maximize
their
autonomy.
14
b.
To
recognize
the
rights
of
older
individuals,
including
15
the
right
to
be
free
of
abuse,
neglect,
and
financial
16
exploitation.
17
c.
To
increase
the
awareness
of
elder
abuse
and
provide
18
options
for
older
individuals
at
risk
of
elder
abuse.
19
d.
To
provide
a
mechanism
to
address
prevention,
detection,
20
and
reporting
of
and
intervention
in
cases
of
abuse,
neglect,
21
and
financial
exploitation
of
older
individuals.
22
2.
The
department
shall
utilize
the
area
agencies
on
23
aging
to
implement
the
program
in
each
designated
planning
24
and
service
area.
Each
area
agency
on
aging
shall
designate
25
an
elder
rights
specialist
to
administer
the
local
program.
26
The
elder
rights
specialist
shall
assemble
a
local
network
of
27
partners
and
stakeholders
to
coordinate
services
for
older
28
individuals
through
the
program.
The
network
shall
include
29
individuals
who
possess
knowledge
and
skills
related
to
30
older
individuals
or
elder
abuse
and
who
are
professionals
31
practicing
in
the
disciplines
of
medicine,
nursing,
geriatrics,
32
public
health,
mental
health,
social
work,
gerontology,
33
law,
law
enforcement,
or
other
disciplines
relative
to
older
34
individuals.
The
network
shall
include
but
is
not
limited
to
35
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persons
representing
the
area
agencies
on
aging,
the
office
of
1
the
attorney
general,
county
attorneys,
health
care
providers,
2
law
enforcement,
service
providers,
and
other
community
3
resources
and
persons
involved
in
advocating
for
or
providing
4
services
to
older
individuals.
5
3.
The
aging
and
disability
resource
center
network
shall
6
act
as
the
primary
point
of
entry
for
individuals
seeking
7
information
and
assistance
regarding
elder
abuse.
8
4.
The
program
shall
include
a
public
education
component
9
to
increase
awareness
regarding
elder
abuse
and
the
services
10
provided
through
the
program.
11
5.
The
program
shall
include
a
component
to
provide
for
12
response
to
reports
of
suspected
elder
abuse,
and
any
reports
13
of
suspected
elder
abuse
may
be
transmitted
to
the
office
of
14
the
attorney
general
and
the
appropriate
law
enforcement
agency
15
and
county
attorney.
The
program
shall
cooperate
with
and
16
provide
information
to
the
office
of
the
attorney
general,
law
17
enforcement
agencies,
and
county
attorneys
upon
request.
18
6.
All
program
records
that
disclose
the
identity
of
an
19
older
individual
seeking
information
or
receiving
services
20
shall
be
maintained
as
confidential
records
pursuant
to
section
21
22.7
and
shall
not
be
disclosed
except
with
the
written
consent
22
of
the
older
individual
or
the
older
individual’s
guardian,
23
conservator,
or
attorney
in
fact,
or
if
required
by
court
24
order.
The
department
shall
have
access
to
program
records.
25
7.
The
department
shall
adopt
rules
to
administer
the
26
program
including
rules
regarding
qualifications
for
elder
27
rights
specialists,
and
intake,
assessment,
care
plans,
28
referral
of
cases,
and
the
provision
of
information
sharing
and
29
case
consultation
among
those
involved
in
intake,
assessment,
30
investigation,
diagnosis,
disposition,
and
service
delivery
31
related
to
older
individuals
through
the
program.
32
Sec.
3.
NEW
SECTION
.
231G.3
Commencement
of
actions
——
33
waiver
to
juvenile
court.
34
1.
An
older
individual,
or
the
guardian,
conservator,
35
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2117
attorney
in
fact,
or
guardian
ad
litem
of
an
older
individual,
1
may
seek
relief
from
elder
abuse
by
filing
a
verified
petition
2
in
the
district
court.
Venue
shall
lie
where
either
party
3
resides.
The
petition
shall
state
all
of
the
following:
4
a.
The
name
of
the
older
individual
and
the
name
and
address
5
of
the
older
individual’s
attorney,
if
any.
If
the
older
6
individual
is
proceeding
pro
se,
the
petition
shall
state
a
7
mailing
address
for
the
older
individual.
A
mailing
address
8
may
be
provided
by
the
older
individual
pursuant
to
section
9
231G.12.
10
b.
The
name
of
the
substitute
petitioner
if
the
petition
11
is
being
filed
on
behalf
of
an
older
individual,
and
the
name
12
and
address
of
the
attorney
of
the
substitute
petitioner.
If
13
the
substitute
petitioner
is
proceeding
pro
se,
the
petition
14
shall
state
a
mailing
address
for
the
substitute
petitioner.
A
15
mailing
address
may
be
provided
by
the
substitute
petitioner
16
pursuant
to
section
231G.12.
17
c.
The
name
and
address,
if
known,
of
the
defendant.
18
d.
The
relationship
of
the
older
individual
to
the
19
defendant.
20
e.
The
nature
of
the
alleged
elder
abuse.
21
f.
The
name
and
age
of
any
other
individual
whose
welfare
22
may
be
affected.
23
g.
The
desired
relief,
including
a
request
for
temporary
or
24
emergency
orders.
25
2.
A
temporary
or
emergency
order
shall
be
based
on
a
26
showing
of
a
prima
facie
case
of
elder
abuse.
If
the
factual
27
basis
for
the
alleged
elder
abuse
is
contested,
the
court
shall
28
issue
a
protective
order
based
upon
a
finding
of
elder
abuse
by
29
a
preponderance
of
the
evidence.
30
3.
a.
The
filing
fee
and
court
costs
for
an
order
for
31
protection
and
in
a
contempt
action
resulting
from
an
order
32
granted
under
this
chapter
or
chapter
664A
shall
be
waived
for
33
the
plaintiff.
34
b.
The
clerk
of
court,
the
sheriff
of
any
county
in
this
35
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2117
state,
and
other
law
enforcement
and
corrections
officers
shall
1
perform
their
duties
relating
to
service
of
process
without
2
charge
to
the
plaintiff.
3
c.
When
an
order
for
protection
is
entered
by
the
court,
4
the
court
may
direct
the
defendant
to
pay
to
the
clerk
of
court
5
the
fees
for
the
filing
of
the
petition
and
reasonable
costs
of
6
service
of
process
if
the
court
determines
the
defendant
has
7
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
8
d.
In
lieu
of
personal
service
of
an
order
for
protection
9
issued
pursuant
to
this
section,
the
sheriff
of
any
county
10
in
the
state,
and
any
other
law
enforcement
and
corrections
11
officers
may
serve
a
defendant
with
a
short-form
notification
12
pursuant
to
section
664A.4A.
13
4.
If
the
person
against
whom
relief
from
elder
abuse
is
14
being
sought
is
seventeen
years
of
age
or
younger,
the
district
15
court
shall
waive
its
jurisdiction
over
the
action
to
the
16
juvenile
court.
17
5.
If
a
substitute
petitioner
files
a
petition
under
this
18
section
on
behalf
of
an
older
individual,
the
older
individual
19
shall
retain
the
right
to
all
of
the
following:
20
a.
To
contact
and
retain
counsel.
21
b.
To
have
access
to
personal
records.
22
c.
To
file
objections
to
the
protective
order.
23
d.
To
request
a
hearing
on
the
petition.
24
e.
To
present
evidence
and
cross-examine
witnesses
at
the
25
hearing.
26
6.
The
relief
provided
under
this
chapter
shall
not
be
27
available
if
the
action
involves
a
guardian
or
conservator
28
of
the
older
individual
and
the
relief
sought
is
more
29
appropriately
obtained
in
a
protective
proceeding
filed
under
30
chapter
633.
31
Sec.
4.
NEW
SECTION
.
231G.4
Plaintiffs
proceeding
pro
se
——
32
provision
of
forms
and
assistance.
33
1.
The
department
of
justice
shall
prescribe
standard
forms
34
to
be
used
by
older
individuals
or
substitute
petitioners
35
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seeking
protective
orders
by
proceeding
pro
se
in
actions
1
under
this
chapter.
The
standard
forms
shall
include
language
2
in
fourteen
point
boldface
type.
Standard
forms
prescribed
3
by
the
department
of
justice
shall
be
the
exclusive
forms
4
used
by
plaintiffs
proceeding
pro
se
under
this
chapter.
The
5
department
of
justice
shall
distribute
the
forms
to
the
clerks
6
of
the
district
courts.
7
2.
The
clerk
of
the
district
court
shall
furnish
the
8
required
forms
to
persons
seeking
protective
orders
through
pro
9
se
proceedings
pursuant
to
this
chapter.
10
Sec.
5.
NEW
SECTION
.
231G.5
Assistance
by
county
attorney.
11
A
county
attorney’s
office
may
provide
assistance
to
a
12
person
wishing
to
initiate
proceedings
pursuant
to
this
chapter
13
or
to
a
plaintiff
at
any
stage
of
a
proceeding
under
this
14
chapter
if
the
plaintiff
does
not
have
sufficient
funds
to
pay
15
for
legal
assistance
and
if
the
assistance
does
not
create
16
a
conflict
of
interest
for
the
county
attorney’s
office.
17
The
assistance
provided
may
include
but
is
not
limited
to
18
assistance
in
obtaining
or
completing
forms,
filing
a
petition
19
or
other
necessary
pleading,
presenting
evidence
to
the
court,
20
and
enforcing
the
orders
of
the
court
entered
pursuant
to
this
21
chapter.
Providing
assistance
pursuant
to
this
section
shall
22
not
be
considered
the
private
practice
of
law
for
the
purposes
23
of
section
331.752.
24
Sec.
6.
NEW
SECTION
.
231G.6
Appointment
of
guardian
ad
25
litem.
26
The
court
may
on
its
own
motion
or
on
the
motion
of
a
party
27
appoint
a
guardian
ad
litem
for
an
older
individual
if
justice
28
requires.
The
older
individual’s
attorney
shall
not
also
serve
29
as
the
guardian
ad
litem.
30
Sec.
7.
NEW
SECTION
.
231G.7
Hearings
——
temporary
orders.
31
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
32
commencing
a
proceeding
and
upon
notice
to
the
other
party,
a
33
hearing
shall
be
held
at
which
the
plaintiff
must
prove
the
34
allegation
of
elder
abuse
by
a
preponderance
of
the
evidence.
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2.
The
court
may
enter
any
temporary
order
it
deems
1
necessary
to
protect
the
older
individual
from
elder
abuse
2
prior
to
the
hearing,
upon
good
cause
shown
in
an
ex
parte
3
proceeding.
Present
danger
of
elder
abuse
constitutes
good
4
cause
for
purposes
of
this
subsection.
A
temporary
order
5
issued
pursuant
to
this
subsection
shall
specifically
include
6
notice
that
the
defendant
may
be
required
to
relinquish
all
7
firearms,
offensive
weapons,
and
ammunition
upon
the
issuance
8
of
a
permanent
order
pursuant
to
section
231G.8.
9
3.
If
a
hearing
is
continued,
the
court
may
make
or
extend
10
any
temporary
order
under
subsection
2
that
it
deems
necessary.
11
4.
Upon
application
of
a
party,
the
court
shall
issue
12
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
13
production
of
papers.
14
5.
The
court
shall
advise
the
defendant
of
a
right
to
be
15
represented
by
counsel
of
the
defendant’s
choosing
and
to
have
16
a
continuance
to
secure
counsel.
17
6.
The
showing
required
under
subsection
1
may
be
made
by,
18
but
is
not
limited
to
the
testimony
at
the
hearing
of,
any
of
19
the
following:
20
a.
The
older
individual.
21
b.
The
guardian,
conservator,
attorney
in
fact,
or
guardian
22
ad
litem
of
the
older
individual.
23
c.
Witnesses
to
the
elder
abuse.
24
d.
Adult
protective
services
workers
who
have
conducted
an
25
investigation.
26
7.
The
hearing
may
be
held
in
person,
telephonically,
or
27
electronically.
If
the
defendant
or
plaintiff
seeks
to
raise
28
an
issue
at
the
hearing
not
previously
raised,
the
defendant
or
29
plaintiff
is
entitled
to
reasonable
continuance
for
the
purpose
30
of
preparing
a
response
to
the
issue.
31
8.
The
court
shall
exercise
its
discretion
in
a
manner
that
32
protects
the
older
individual
from
traumatic
confrontation
with
33
the
defendant.
34
9.
Hearings
shall
be
recorded.
35
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Sec.
8.
NEW
SECTION
.
231G.8
Disposition.
1
1.
Upon
a
finding
that
the
defendant
has
engaged
in
elder
2
abuse,
the
court
shall,
if
requested
by
the
plaintiff,
order
3
any
of
the
following:
4
a.
That
the
defendant
be
required
to
move
from
the
residence
5
of
the
older
individual
if
both
the
older
individual
and
the
6
defendant
are
titleholders
or
contract
holders
of
record
of
the
7
real
property,
are
named
as
tenants
in
the
rental
agreement
8
concerning
the
use
and
occupancy
of
the
dwelling
unit,
or
are
9
married
to
each
other.
10
b.
That
the
defendant
provide
suitable
alternative
housing
11
for
the
older
individual.
12
c.
That
a
peace
officer
accompany
the
party
who
is
leaving
13
or
has
left
the
party’s
residence
to
remove
essential
personal
14
effects
of
the
party.
15
d.
That
the
defendant
be
restrained
from
abusing,
16
intimidating,
molesting,
interfering
with,
or
menacing
the
17
older
individual,
or
attempting
to
abuse,
intimidate,
molest,
18
interfere
with,
or
menace
the
older
individual.
19
e.
That
the
defendant
be
restrained
from
entering
or
20
attempting
to
enter
on
any
premises
when
it
appears
to
the
21
court
that
such
restraint
is
necessary
to
prevent
the
defendant
22
from
abusing,
intimidating,
molesting,
interfering
with,
or
23
menacing
the
older
individual.
24
f.
That
the
defendant
be
restrained
from
exercising
25
any
powers
on
behalf
of
the
older
individual
through
a
26
court-appointed
guardian,
conservator,
or
guardian
ad
litem,
an
27
attorney
in
fact,
or
another
third
party.
28
g.
That
the
defendant
be
restrained
from
owning,
possessing,
29
purchasing,
receiving,
or
attempting
to
receive
a
firearm,
30
offensive
weapon,
or
ammunition.
31
h.
In
addition
to
the
relief
provided
in
subsection
2,
other
32
relief
that
the
court
considers
necessary
to
provide
for
the
33
safety
and
welfare
of
the
older
individual.
34
2.
If
the
court
finds
that
the
older
individual
has
been
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the
victim
of
financial
exploitation,
the
court
may
order
the
1
relief
the
court
considers
necessary
to
prevent
or
remedy
the
2
financial
exploitation,
including
but
not
limited
to
any
of
the
3
following:
4
a.
Directing
the
defendant
to
refrain
from
exercising
5
control
over
the
benefits,
property,
resources,
belongings,
or
6
assets
of
the
older
individual.
7
b.
Requiring
the
defendant
to
return
custody
or
control
of
8
the
benefits,
property,
resources,
belongings,
or
assets
to
the
9
older
individual.
10
c.
Requiring
the
defendant
to
follow
the
instructions
of
11
the
guardian,
conservator,
or
attorney
in
fact
of
the
older
12
individual.
13
d.
Prohibiting
the
defendant
from
transferring
the
benefits,
14
property,
resources,
belongings,
or
assets
of
the
older
15
individual
to
any
person
other
than
the
older
individual.
16
3.
The
court
shall
not
use
an
order
issued
under
this
17
section
to
do
any
of
the
following:
18
a.
To
allow
any
person
other
than
the
older
individual
to
19
assume
responsibility
for
the
benefits,
property,
resources,
20
belongings,
or
assets
of
the
older
individual.
21
b.
For
relief
that
is
more
appropriately
obtained
in
a
22
protective
proceeding
filed
under
chapter
633
including
but
23
not
limited
to
giving
control
and
management
of
the
benefits,
24
property,
resources,
belongings,
or
assets
of
the
older
25
individual
to
a
guardian,
conservator,
or
attorney
in
fact
for
26
any
purpose
other
than
the
relief
granted
under
subsection
2.
27
4.
The
court
may
approve
a
consent
agreement
between
the
28
parties
entered
to
bring
about
the
cessation
of
elder
abuse.
A
29
consent
agreement
approved
under
this
section
shall
not
contain
30
any
of
the
following:
31
a.
A
provision
that
prohibits
any
party
to
the
action
32
from
contacting
or
cooperating
with
any
government
agency
33
including
the
department
of
human
services,
the
department
34
of
inspections
and
appeals,
the
department
on
aging,
the
35
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department
of
justice,
law
enforcement,
and
the
office
of
1
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
2
that
has
jurisdiction
over
any
license
or
certification
held
3
by
the
defendant;
a
protection
and
advocacy
agency
recognized
4
in
section
135C.2;
or
the
defendant’s
current
employer
if
the
5
defendant’s
professional
responsibilities
include
contact
with
6
older
individuals,
dependent
adults,
or
minors,
if
the
party
7
contacting
or
cooperating
has
a
good-faith
belief
that
the
8
information
is
relevant
to
the
duties
or
responsibilities
of
9
the
entity.
10
b.
A
provision
that
prohibits
any
party
to
the
action
from
11
filing
a
complaint
with
or
reporting
a
violation
of
law
to
any
12
government
agency
including
the
department
of
human
services,
13
the
department
of
inspections
and
appeals,
the
department
on
14
aging,
the
department
of
justice,
law
enforcement,
and
the
15
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
16
agency
that
has
jurisdiction
over
any
license
or
certification
17
held
by
the
defendant;
a
protection
and
advocacy
agency
18
recognized
in
section
135C.2;
or
the
defendant’s
current
19
employer.
20
c.
A
provision
that
requires
any
party
to
the
action
to
21
withdraw
a
complaint
filed
with
or
a
violation
reported
to
any
22
government
agency
including
the
department
of
human
services,
23
the
department
of
inspections
and
appeals,
the
department
on
24
aging,
the
department
of
justice,
law
enforcement,
and
the
25
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
26
agency
that
has
jurisdiction
over
any
license
or
certification
27
held
by
the
defendant;
a
protection
and
advocacy
agency
28
recognized
in
section
135C.2;
or
the
defendant’s
current
29
employer.
30
5.
A
protective
order
or
approved
consent
agreement
shall
be
31
for
a
fixed
period
of
time
not
to
exceed
one
year.
The
court
32
may
amend
or
extend
its
order
or
a
consent
agreement
at
any
33
time
upon
a
petition
filed
by
either
party
and
after
notice
34
and
hearing.
The
court
may
extend
the
order
if
the
court,
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after
a
hearing
at
which
the
defendant
has
the
opportunity
to
1
be
heard,
finds
that
the
defendant
continues
to
pose
a
threat
2
to
the
safety
of
the
older
individual,
persons
residing
with
3
the
older
individual,
or
members
of
the
older
individual’s
4
immediate
family,
or
continues
to
present
a
risk
of
financial
5
exploitation
of
the
older
individual.
The
number
of
extensions
6
that
may
be
granted
by
the
court
is
not
limited.
7
6.
The
order
shall
state
whether
a
person
is
to
be
taken
8
into
custody
by
a
peace
officer
for
a
violation
of
the
terms
9
stated
in
the
order.
10
7.
The
court
may
order
that
the
defendant
pay
the
attorney
11
fees
and
court
costs.
12
8.
An
order
or
approved
consent
agreement
under
this
section
13
shall
not
affect
title
to
real
property.
14
9.
A
copy
of
any
order
or
approved
consent
agreement
shall
15
be
issued
to
the
plaintiff,
the
defendant,
the
county
sheriff
16
of
the
county
in
which
the
order
or
consent
decree
is
initially
17
entered,
and
the
twenty-four-hour
dispatcher
for
the
county
18
sheriff.
Any
subsequent
amendment
or
revocation
of
an
order
19
or
consent
agreement
shall
be
forwarded
by
the
clerk
to
all
20
individuals
previously
notified.
21
10.
The
clerk
shall
notify
the
county
sheriff
and
the
22
twenty-four-hour
dispatcher
for
the
county
sheriff
in
writing
23
so
that
the
county
sheriff
and
the
county
sheriff’s
dispatcher
24
receive
written
notice
within
six
hours
of
filing
the
order,
25
approved
consent
agreement,
amendment,
or
revocation.
The
26
clerk
may
fulfill
this
requirement
by
sending
the
notice
by
27
facsimile
or
other
electronic
transmission
which
reproduces
the
28
notice
in
writing
within
six
hours
of
filing
the
order.
29
11.
The
county
sheriff’s
dispatcher
shall
notify
all
30
law
enforcement
agencies
having
jurisdiction
over
the
matter
31
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
32
agencies
upon
notification
by
the
clerk.
33
Sec.
9.
NEW
SECTION
.
231G.9
Emergency
orders.
34
1.
When
the
court
is
unavailable
from
the
close
of
business
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at
the
end
of
the
day
or
week
to
the
resumption
of
business
1
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
2
before
a
district
judge,
or
district
associate
judge
designated
3
by
the
chief
judge
of
the
judicial
district,
who
may
grant
4
emergency
relief
in
accordance
with
section
231G.8,
subsection
5
1
or
2,
if
the
district
judge
or
district
associate
judge
deems
6
it
necessary
to
protect
the
older
individual
from
elder
abuse,
7
upon
good
cause
shown
in
an
ex
parte
proceeding.
Present
8
danger
of
elder
abuse
constitutes
good
cause
for
purposes
of
9
this
subsection.
10
2.
An
emergency
order
issued
under
subsection
1
shall
expire
11
seventy-two
hours
after
issuance.
When
the
order
expires,
the
12
plaintiff
may
seek
a
temporary
order
from
the
court
pursuant
13
to
section
231G.7.
14
3.
A
petition
filed
and
emergency
order
issued
under
this
15
section
and
any
documentation
in
support
of
the
petition
16
and
order
shall
be
immediately
certified
to
the
court.
The
17
certification
shall
commence
a
proceeding
for
purposes
of
18
section
231G.3.
19
Sec.
10.
NEW
SECTION
.
231G.10
Procedure.
20
1.
A
proceeding
under
this
chapter
shall
be
held
in
21
accordance
with
the
rules
of
civil
procedure,
except
as
22
otherwise
set
forth
in
this
chapter
and
in
chapter
664A,
and
is
23
in
addition
to
any
other
civil
or
criminal
remedy.
24
2.
The
plaintiff’s
right
to
relief
under
this
chapter
is
not
25
affected
by
leaving
the
older
individual’s
home
to
avoid
elder
26
abuse.
27
Sec.
11.
NEW
SECTION
.
231G.11
Elder
abuse
information.
28
1.
The
department
shall
collect
and
maintain
information
on
29
incidents
involving
elder
abuse.
The
department
shall
design
30
and
implement
a
uniform
method
of
collecting
data
on
elder
31
abuse
from
entities
involved
in
the
prevention,
detection,
32
reporting,
investigation
of
and
intervention
in
cases
of
abuse,
33
neglect,
and
financial
exploitation
of
older
individuals.
34
2.
The
department
may
compile
statistics
and
issue
reports
35
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on
elder
abuse
in
Iowa,
provided
individual
identifying
1
details
of
the
elder
abuse
are
deleted.
The
statistics
and
2
reports
may
include
nonidentifying
information
on
the
personal
3
characteristics
of
perpetrators
and
victims.
The
department
4
may
request
the
cooperation
of
the
department
of
justice
5
in
compiling
the
statistics
and
issuing
the
reports.
The
6
department
of
justice
shall
provide
to
the
department,
without
7
charge,
all
information
and
documentation
requested
for
this
8
purpose.
The
department
may
provide
nonidentifying
information
9
on
individual
incidents
of
elder
abuse
to
persons
conducting
10
bona
fide
research,
including
but
not
limited
to
personnel
of
11
the
department
of
justice.
12
Sec.
12.
NEW
SECTION
.
231G.12
Plaintiff
address
——
13
confidentiality
of
records.
14
1.
A
plaintiff
seeking
relief
under
this
chapter
may
use
any
15
of
the
following
addresses
as
a
mailing
address
for
purposes
16
of
filing
a
petition
under
this
chapter,
as
well
as
for
the
17
purpose
of
obtaining
any
utility
or
other
service:
18
a.
The
mailing
address
of
a
shelter
or
other
agency.
19
b.
A
public
or
private
post
office
box.
20
c.
Any
other
mailing
address,
with
the
permission
of
the
21
resident
of
that
address.
22
2.
A
plaintiff
shall
report
any
change
of
address,
whether
23
designated
according
to
subsection
1
or
otherwise,
to
the
clerk
24
of
court
no
more
than
five
days
after
the
previous
address
on
25
record
becomes
invalid.
26
3.
The
entire
file
or
a
portion
of
the
file
in
an
elder
27
abuse
action
shall
be
sealed
by
the
clerk
of
court
as
ordered
28
by
the
court
to
protect
the
privacy
interest
or
safety
of
any
29
person.
30
4.
Notwithstanding
subsection
3,
court
orders
shall
remain
31
public
records,
although
the
court
may
order
that
address
and
32
location
information
be
redacted
from
the
public
records.
33
Sec.
13.
NEW
SECTION
.
231G.13
Duties
of
peace
officer
——
34
magistrate.
35
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1.
A
peace
officer
shall
use
every
reasonable
means
to
1
enforce
an
order
or
court-approved
consent
agreement
entered
2
under
this
chapter
or
chapter
664A,
or
to
enforce
an
order
that
3
establishes
conditions
of
release
or
is
a
protective
order
or
4
sentencing
order
in
a
criminal
prosecution
arising
from
elder
5
abuse
assault
under
section
708.2D.
If
a
peace
officer
has
6
reason
to
believe
that
elder
abuse
has
occurred,
the
peace
7
officer
shall
ask
the
older
individual
if
any
prior
orders
8
exist,
and
shall
contact
the
twenty-four-hour
dispatcher
to
9
inquire
if
any
prior
orders
exist.
If
a
peace
officer
has
10
probable
cause
to
believe
that
a
person
has
violated
an
order
11
or
approved
consent
agreement
entered
under
this
chapter
or
12
chapter
664A,
or
an
order
establishing
conditions
of
release
13
or
a
protective
or
sentencing
order
in
a
criminal
prosecution
14
arising
from
elder
abuse
assault
pursuant
to
section
708.2D,
15
the
peace
officer
shall
take
the
person
into
custody
and
shall
16
take
the
person
without
unnecessary
delay
before
the
nearest
or
17
most
accessible
magistrate
in
the
judicial
district
in
which
18
the
person
was
taken
into
custody.
The
magistrate
shall
make
19
an
initial
preliminary
determination
whether
there
is
probable
20
cause
to
believe
that
an
order
or
consent
agreement
existed
and
21
whether
the
person
taken
into
custody
has
violated
its
terms.
22
The
magistrate’s
decision
shall
be
entered
in
the
record.
23
2.
If
a
peace
officer
has
probable
cause
to
believe
24
that
a
person
has
violated
an
order
or
approved
consent
25
agreement
entered
under
this
chapter
or
chapter
664A,
or
an
26
order
establishing
conditions
of
release
or
a
protective
27
or
sentencing
order
in
a
criminal
prosecution
arising
from
28
elder
abuse
assault
pursuant
to
section
708.2D,
and
the
peace
29
officer
is
unable
to
take
the
person
into
custody
within
30
twenty-four
hours
of
making
the
probable
cause
determination,
31
the
peace
officer
shall
either
request
a
magistrate
to
make
a
32
determination
as
to
whether
a
rule
to
show
cause
or
an
arrest
33
warrant
should
be
issued,
or
refer
the
matter
to
the
county
34
attorney.
35
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3.
If
the
magistrate
finds
probable
cause,
the
magistrate
1
shall
order
the
person
to
appear
either
before
the
court
which
2
issued
the
original
order
or
approved
the
consent
agreement,
3
or
before
the
court
in
the
jurisdiction
where
the
alleged
4
violation
took
place,
at
a
specified
time
not
less
than
five
5
days
nor
more
than
fifteen
days
after
the
initial
appearance
6
under
this
section.
The
magistrate
shall
cause
the
original
7
court
to
be
notified
of
the
contents
of
the
magistrate’s
order.
8
4.
A
peace
officer
shall
not
be
held
civilly
or
criminally
9
liable
for
acting
pursuant
to
this
section
provided
that
the
10
peace
officer
acts
in
good
faith,
on
probable
cause,
and
the
11
officer’s
acts
do
not
constitute
a
willful
and
wanton
disregard
12
for
the
rights
or
safety
of
another.
13
Sec.
14.
NEW
SECTION
.
231G.14
Prevention
of
further
elder
14
abuse
——
notification
of
rights
——
arrest
——
liability.
15
1.
If
a
peace
officer
has
reason
to
believe
that
elder
abuse
16
has
occurred,
the
officer
shall
use
all
reasonable
means
to
17
prevent
further
elder
abuse
including
but
not
limited
to
the
18
following:
19
a.
If
requested,
remaining
on
the
scene
as
long
as
there
20
is
a
danger
to
an
older
individual’s
physical
safety
without
21
the
presence
of
a
peace
officer,
including
but
not
limited
to
22
staying
in
the
dwelling
unit,
or
if
unable
to
remain
on
the
23
scene,
assisting
the
older
individual
in
leaving
the
residence.
24
b.
Assisting
an
older
individual
in
obtaining
necessary
25
medical
treatment
resulting
from
the
elder
abuse,
including
26
providing
assistance
to
the
older
individual
in
obtaining
27
transportation
to
the
emergency
department
of
the
nearest
28
hospital.
29
c.
Providing
an
older
individual
with
immediate
and
30
adequate
notice
of
the
older
individual’s
rights.
The
notice
31
shall
consist
of
handing
the
older
individual
a
document
that
32
includes
the
telephone
numbers
of
the
department,
the
local
33
area
agency
on
aging,
the
aging
and
disability
resource
center
34
network,
advocacy
and
support
groups,
and
emergency
shelters.
35
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The
peace
officer
shall
ask
the
older
individual
to
read
the
1
document
and
ask
whether
the
older
individual
understands
the
2
rights
described
in
the
document.
The
document
shall
contain
a
3
copy
of
the
following
statement
written
in
English
and
Spanish:
4
(1)
You
have
the
right
to
ask
the
court
for
help
keeping
5
your
abuser
away
from
you,
your
home,
your
place
of
employment,
6
and
any
other
places
you
may
be.
7
(2)
You
have
the
right
to
stay
at
your
home
without
8
interference
from
your
abuser.
9
(3)
You
have
the
right
to
control
and
have
custody
of
your
10
benefits,
property,
resources,
belongings,
and
assets.
11
(4)
You
have
the
right
to
seek
help
from
the
court
to
seek
12
a
protective
order
with
or
without
the
assistance
of
legal
13
representation.
You
have
the
right
to
seek
help
from
the
14
courts
without
the
payment
of
court
costs
if
you
do
not
have
15
sufficient
funds
to
pay
the
costs.
16
(5)
You
have
the
right
to
file
criminal
charges
for
threats,
17
assaults,
or
other
related
crimes.
18
(6)
You
have
the
right
to
seek
restitution
against
your
19
abuser
for
harm
to
yourself
or
your
property.
20
(7)
If
you
are
in
need
of
medical
treatment,
you
have
21
the
right
to
request
that
the
officer
present
assist
you
in
22
obtaining
transportation
to
the
nearest
hospital
or
otherwise
23
assist
you.
24
(8)
If
you
believe
that
police
protection
is
needed
for
your
25
physical
safety
you
have
the
right
to
request
that
the
officer
26
present
remain
at
the
scene
until
you
and
other
affected
27
parties
can
leave
or
until
safety
is
otherwise
ensured.
28
2.
a.
A
peace
officer
may,
with
or
without
a
warrant,
29
arrest
a
person
under
section
708.2D,
subsection
2,
paragraph
30
“a”
,
if,
upon
investigation,
including
a
reasonable
inquiry
of
31
the
older
individual
and
other
witnesses,
if
any,
the
officer
32
has
probable
cause
to
believe
that
an
elder
abuse
assault
has
33
been
committed
which
did
not
result
in
any
injury
to
the
older
34
individual.
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b.
A
peace
officer
shall,
with
or
without
a
warrant,
arrest
1
a
person
under
section
708.2D,
subsection
2,
paragraph
“b”
,
2
if,
upon
investigation,
including
a
reasonable
inquiry
of
the
3
older
individual
and
other
witnesses,
if
any,
the
officer
has
4
probable
cause
to
believe
that
an
elder
abuse
assault
has
been
5
committed
which
resulted
in
the
older
individual
suffering
a
6
bodily
injury.
7
c.
A
peace
officer
shall,
with
or
without
a
warrant,
arrest
8
a
person
under
section
708.2D,
subsection
2,
paragraph
“c”
,
9
if,
upon
investigation,
including
a
reasonable
inquiry
of
the
10
older
individual
and
other
witnesses,
if
any,
the
officer
has
11
probable
cause
to
believe
that
an
elder
abuse
assault
has
12
been
committed
with
the
intent
to
inflict
a
serious
injury
as
13
defined
in
section
702.18.
14
d.
A
peace
officer
shall,
with
or
without
a
warrant,
arrest
15
a
person
under
section
708.2D,
subsection
2,
paragraph
“c”
,
16
if,
upon
investigation,
including
a
reasonable
inquiry
of
the
17
older
individual
and
other
witnesses,
if
any,
the
officer
has
18
probable
cause
to
believe
that
an
elder
abuse
assault
has
19
been
committed
and
that
the
alleged
abuser
used
or
displayed
20
a
dangerous
weapon
as
defined
in
section
702.7
in
connection
21
with
the
assault.
22
e.
A
peace
officer
shall,
with
or
without
a
warrant,
arrest
23
a
person
under
section
708.2D,
subsection
2,
paragraph
“d”
,
24
if,
upon
investigation,
including
a
reasonable
inquiry
of
the
25
older
individual
and
other
witnesses,
if
any,
the
officer
has
26
probable
cause
to
believe
that
an
elder
abuse
assault
has
27
been
committed
by
knowingly
impeding
the
normal
breathing
or
28
circulation
of
the
blood
of
the
older
individual
by
applying
29
pressure
to
the
throat
or
neck
of
the
older
individual
or
by
30
obstructing
the
nose
or
mouth
of
the
older
individual.
31
f.
A
peace
officer
shall,
with
or
without
a
warrant,
32
arrest
a
person
under
section
708.2D,
subsection
5,
if,
upon
33
investigation,
including
a
reasonable
inquiry
of
the
alleged
34
victim
and
other
witnesses,
if
any,
the
officer
has
probable
35
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cause
to
believe
that
an
elder
abuse
assault
has
been
committed
1
by
knowingly
impeding
the
normal
breathing
or
circulation
of
2
the
blood
of
an
older
individual
by
applying
pressure
to
the
3
throat
or
neck
of
the
older
individual
or
by
obstructing
the
4
nose
or
mouth
of
the
older
individual,
and
causing
bodily
5
injury.
6
g.
A
peace
officer
may,
with
or
without
a
warrant,
arrest
7
a
person
if,
upon
investigation,
including
a
reasonable
8
inquiry
of
the
older
individual
and
other
witnesses,
if
any,
9
the
officer
has
probable
cause
to
believe
that
elder
abuse
10
constituting
financial
exploitation
has
been
committed
by
the
11
person.
12
3.
A
peace
officer
is
not
civilly
or
criminally
liable
for
13
actions
taken
pursuant
to
this
section
taken
in
good
faith.
14
Sec.
15.
NEW
SECTION
.
231G.15
Prohibition
against
referral.
15
In
a
criminal
action
arising
from
elder
abuse,
the
16
prosecuting
attorney
or
court
shall
not
refer
or
order
the
17
parties
involved
to
mediation
or
other
nonjudicial
procedures
18
prior
to
judicial
resolution
of
the
action.
19
Sec.
16.
NEW
SECTION
.
231G.16
Application
for
designation
20
and
funding
as
a
provider
of
services
for
victims
of
elder
abuse.
21
Upon
receipt
of
state
or
federal
funding
designated
for
22
victims
of
elder
abuse
by
the
department,
the
department
23
shall
designate
and
award
grants
to
provide
emergency
shelter
24
services
and
support
services
to
victims
of
elder
abuse.
A
25
public
or
private
nonprofit
organization
may
apply
to
the
26
department
for
designation
and
funding
as
a
provider
of
27
emergency
shelter
services
and
support
services
to
victims
28
of
elder
abuse.
The
application
shall
be
submitted
on
a
29
form
prescribed
by
the
department
and
shall
include
but
not
30
be
limited
to
information
regarding
services
to
be
provided,
31
budget
projections,
and
security
measures.
32
Sec.
17.
NEW
SECTION
.
231G.17
Department
powers.
33
1.
The
department
may
consult
and
cooperate
with
all
public
34
and
private
agencies
which
may
provide
services
to
victims
of
35
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elder
abuse,
including
but
not
limited
to
legal
and
social
1
services.
2
2.
The
department
may
accept,
use,
and
dispose
of
3
contributions
of
money,
services,
and
property
made
available
4
by
an
agency
or
department
of
the
state
or
federal
government,
5
or
a
private
agency
or
individual
to
address
elder
abuse.
6
Sec.
18.
NEW
SECTION
.
231G.18
Reference
to
certain
criminal
7
provisions.
8
Provisions
contained
in
this
chapter
shall
not
preclude
9
other
relief
available
including
certain
criminal
penalties
and
10
provisions
pertaining
to
elder
abuse,
elder
abuse
assault,
and
11
violations
of
protective
orders
set
forth
in
chapter
664A
and
12
sections
708.2D,
714.2A,
714.16A,
726.24,
and
726.25.
13
Sec.
19.
NEW
SECTION
.
231G.19
Foreign
protective
orders
14
——
registration
——
enforcement.
15
1.
As
used
in
this
section,
“foreign
protective
order”
means
16
a
protective
order
entered
by
a
court
of
another
state,
Indian
17
tribe,
or
United
States
territory
that
would
be
an
order
or
18
court-approved
consent
agreement
entered
under
this
chapter
19
or
chapter
664A,
or
an
order
that
establishes
conditions
20
of
release
or
is
a
protective
order
or
sentencing
order
in
21
a
criminal
prosecution
arising
from
an
elder
abuse
assault
22
pursuant
to
section
708.2D
if
it
had
been
entered
in
Iowa.
23
2.
A
certified
or
authenticated
copy
of
a
permanent
foreign
24
protective
order
may
be
filed
with
the
clerk
of
the
district
25
court
in
any
county
that
would
have
venue
if
the
original
26
action
was
being
commenced
in
this
state
or
in
which
the
person
27
in
whose
favor
the
order
was
entered
may
be
present.
28
a.
The
clerk
shall
file
foreign
protective
orders
that
are
29
not
certified
or
authenticated,
if
supported
by
an
affidavit
of
30
a
person
with
personal
knowledge,
subject
to
the
penalties
for
31
perjury.
The
person
protected
by
the
order
may
provide
this
32
affidavit.
33
b.
The
clerk
shall
provide
copies
of
the
order
as
required
34
by
section
231G.8,
except
that
notice
shall
not
be
provided
to
35
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pf/nh
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S.F.
2117
the
respondent
without
the
express
written
direction
of
the
1
person
in
whose
favor
the
order
was
entered.
2
3.
a.
A
valid
foreign
protective
order
has
the
same
effect
3
and
shall
be
enforced
in
the
same
manner
as
a
protective
order
4
issued
in
this
state
whether
or
not
filed
with
a
clerk
of
court
5
or
otherwise
placed
in
a
registry
of
protective
orders.
6
b.
A
foreign
protective
order
is
valid
if
it
meets
all
of
7
the
following
conditions:
8
(1)
The
order
states
the
name
of
the
protected
individual
9
and
the
individual
against
whom
enforcement
is
sought.
10
(2)
The
order
has
not
expired
or
has
not
otherwise
been
11
terminated.
12
(3)
The
order
was
issued
by
a
court
or
tribunal
that
had
13
jurisdiction
over
the
parties
and
subject
matter
under
the
law
14
of
the
foreign
jurisdiction.
15
(4)
The
order
was
issued
in
accordance
with
the
respondent’s
16
due
process
rights,
either
after
the
respondent
was
provided
17
with
reasonable
notice
and
an
opportunity
to
be
heard
before
18
the
court
or
tribunal
that
issued
the
order,
or
in
the
case
19
of
an
ex
parte
order,
the
respondent
was
granted
notice
and
20
opportunity
to
be
heard
within
a
reasonable
time
after
the
21
order
was
issued.
22
c.
Proof
that
a
foreign
protective
order
failed
to
meet
all
23
of
the
factors
listed
in
paragraph
“b”
shall
be
an
affirmative
24
defense
in
any
action
seeking
enforcement
of
the
order.
25
4.
A
peace
officer
shall
treat
a
foreign
protective
order
as
26
a
valid
legal
document
and
shall
make
an
arrest
for
a
violation
27
of
the
foreign
protective
order
in
the
same
manner
that
a
peace
28
officer
would
make
an
arrest
for
a
violation
of
a
protective
29
order
issued
within
this
state.
30
a.
The
fact
that
a
foreign
protective
order
has
not
been
31
filed
with
the
clerk
of
court
or
otherwise
placed
in
a
registry
32
shall
not
be
grounds
to
refuse
to
enforce
the
terms
of
the
33
order
unless
it
is
apparent
to
the
officer
that
the
order
is
34
invalid
on
its
face.
35
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b.
A
peace
officer
acting
reasonably
and
in
good
faith
in
1
connection
with
the
enforcement
of
a
foreign
protective
order
2
shall
be
immune
from
civil
and
criminal
liability
in
any
action
3
arising
in
connection
with
such
enforcement.
4
5.
Filing
and
service
costs
in
connection
with
foreign
5
protective
orders
are
waived
as
provided
in
section
231G.3.
6
Sec.
20.
CODE
EDITOR
DIRECTIVES.
The
Code
editor
shall
do
7
all
of
the
following:
8
1.
Title
new
chapter
231G,
as
enacted
in
this
Act,
9
the
“Elder
Abuse
Response
Act”,
containing
the
following
10
subchapters:
11
a.
Subchapter
I,
entitled
“Elder
abuse
——
definitions”,
12
which
includes
section
231G.1,
as
enacted
in
this
Act.
13
b.
Subchapter
II,
entitled
“Elder
abuse
resource
and
14
referral
initiative”,
which
includes
section
231G.2,
as
enacted
15
in
this
Act.
16
c.
Subchapter
III,
entitled
“Relief
from
elder
abuse”,
17
which
includes
sections
231G.3
through
231G.19,
as
enacted
in
18
this
Act.
19
2.
Correct
internal
references
as
necessary.
20
DIVISION
II
21
OTHER
CRIMINAL
AND
CIVIL
RELIEF
FOR
OLDER
INDIVIDUALS
22
Sec.
21.
NEW
SECTION
.
708.2D
Elder
abuse
assault
——
23
mandatory
minimums,
penalties
enhanced
——
extension
of
no-contact
24
order.
25
1.
For
the
purposes
of
this
chapter,
“elder
abuse
assault”
26
means
an
assault,
as
defined
in
section
708.1,
of
an
older
27
individual
as
defined
in
section
231G.1.
28
2.
On
a
first
offense
of
elder
abuse
assault,
the
person
29
commits:
30
a.
A
simple
misdemeanor,
except
as
otherwise
provided.
31
b.
A
serious
misdemeanor
if
the
elder
abuse
assault
causes
32
bodily
injury
or
mental
illness.
33
c.
An
aggravated
misdemeanor
if
the
elder
abuse
assault
is
34
committed
with
the
intent
to
inflict
a
serious
injury
upon
an
35
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5237XS
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pf/nh
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60
S.F.
2117
older
individual
or
if
the
person
uses
or
displays
a
dangerous
1
weapon
in
connection
with
the
assault.
This
paragraph
does
not
2
apply
if
section
708.6
or
708.8
applies.
3
d.
An
aggravated
misdemeanor
if
the
elder
abuse
assault
4
is
committed
by
knowingly
impeding
the
normal
breathing
or
5
circulation
of
the
blood
of
an
older
individual
by
applying
6
pressure
to
the
throat
or
neck
of
the
older
individual
or
by
7
obstructing
the
nose
or
mouth
of
the
older
individual.
8
3.
Except
as
otherwise
provided
in
subsection
2,
on
a
second
9
offense
of
elder
abuse
assault,
a
person
commits:
10
a.
A
serious
misdemeanor
if
the
first
offense
was
classified
11
as
a
simple
misdemeanor
and
the
second
offense
would
otherwise
12
be
classified
as
a
simple
misdemeanor.
13
b.
An
aggravated
misdemeanor
if
the
first
offense
was
14
classified
as
a
simple
or
aggravated
misdemeanor,
and
the
15
second
offense
would
otherwise
be
classified
as
a
serious
16
misdemeanor,
or
the
first
offense
was
classified
as
a
serious
17
or
aggravated
misdemeanor,
and
the
second
offense
would
18
otherwise
be
classified
as
a
simple
or
serious
misdemeanor.
19
4.
On
a
third
or
subsequent
offense
of
elder
abuse
assault,
20
a
person
commits
a
class
“D”
felony.
21
5.
For
an
elder
abuse
assault
committed
by
knowingly
22
impeding
the
normal
breathing
or
circulation
of
the
blood
of
an
23
older
individual
by
applying
pressure
to
the
throat
or
neck
of
24
the
older
individual
or
by
obstructing
the
nose
or
mouth
of
the
25
older
individual,
and
causing
bodily
injury,
the
person
commits
26
a
class
“D”
felony.
27
6.
a.
A
conviction
for,
deferred
judgment
for,
or
plea
of
28
guilty
to,
a
violation
of
this
section
which
occurred
more
than
29
twelve
years
prior
to
the
date
of
the
violation
charged
shall
30
not
be
considered
in
determining
that
the
violation
charged
is
31
a
second
or
subsequent
offense.
32
b.
For
the
purpose
of
determining
if
a
violation
charged
33
is
a
second
or
subsequent
offense,
deferred
judgments
issued
34
pursuant
to
section
907.3
for
violations
of
section
708.2
35
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or
this
section,
which
were
issued
on
elder
abuse
assaults,
1
and
convictions
or
the
equivalent
of
deferred
judgments
for
2
violations
in
any
other
states
under
statutes
substantially
3
corresponding
to
this
section
shall
be
counted
as
previous
4
offenses.
The
courts
shall
judicially
notice
the
statutes
of
5
other
states
which
define
offenses
substantially
equivalent
6
to
the
offenses
defined
in
this
section
and
can
therefore
be
7
considered
corresponding
statutes.
Each
previous
violation
on
8
which
conviction
or
deferral
of
judgment
was
entered
prior
to
9
the
date
of
the
offense
charged
shall
be
considered
and
counted
10
as
a
separate
previous
offense.
11
c.
An
offense
shall
be
considered
a
prior
offense
regardless
12
of
whether
it
was
committed
upon
the
same
victim.
13
7.
a.
A
person
convicted
of
violating
subsection
2
or
3
14
shall
serve
a
minimum
term
of
two
days
of
the
sentence
imposed
15
by
law,
and
shall
not
be
eligible
for
suspension
of
the
minimum
16
sentence.
The
minimum
term
shall
be
served
on
consecutive
17
days.
The
court
shall
not
impose
a
fine
in
lieu
of
the
minimum
18
sentence,
although
a
fine
may
be
imposed
in
addition
to
the
19
minimum
sentence.
This
section
does
not
prohibit
the
court
20
from
sentencing
and
the
person
from
serving
the
maximum
term
of
21
confinement
or
from
paying
the
maximum
fine
permitted
pursuant
22
to
chapters
902
and
903,
and
does
not
prohibit
the
court
from
23
entering
a
deferred
judgment
or
sentence
pursuant
to
section
24
907.3,
if
the
person
has
not
previously
received
a
deferred
25
sentence
or
judgment
for
a
violation
of
section
708.2
or
this
26
section
which
was
issued
on
an
elder
abuse
assault.
27
b.
A
person
convicted
of
violating
subsection
4
shall
28
be
sentenced
as
provided
under
section
902.9,
subsection
1,
29
paragraph
“e”
,
and
shall
be
denied
parole
or
work
release
until
30
the
person
has
served
a
minimum
of
one
year
of
the
person’s
31
sentence.
Notwithstanding
section
901.5,
subsections
1,
3,
and
32
5,
and
section
907.3,
the
person
cannot
receive
a
suspended
or
33
deferred
sentence
or
a
deferred
judgment;
however,
the
person
34
sentenced
shall
receive
credit
for
any
time
the
person
was
35
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confined
in
a
jail
or
detention
facility
following
arrest.
1
8.
If
a
person
is
convicted
for,
receives
a
deferred
2
judgment
for,
or
pleads
guilty
to
a
violation
of
this
section,
3
the
court
shall
modify
the
no-contact
order
issued
upon
initial
4
appearance
in
the
manner
provided
in
section
664A.5,
regardless
5
of
whether
the
person
is
placed
on
probation.
6
9.
The
clerk
of
the
district
court
shall
provide
notice
7
and
copies
of
a
judgment
entered
under
this
section
to
the
8
applicable
law
enforcement
agencies
and
the
twenty-four-hour
9
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
10
provided
for
protective
orders
under
section
231G.8.
The
11
clerk
shall
provide
notice
and
copies
of
modifications
of
the
12
judgment
in
the
same
manner.
13
Sec.
22.
NEW
SECTION
.
714.2A
Theft
against
an
older
14
individual.
15
1.
If
a
person
commits
theft
and
the
violation
is
committed
16
against
an
individual
who
was
an
older
individual
at
the
17
time
the
theft
was
committed,
notwithstanding
the
penalties
18
specified
in
section
714.2,
all
of
the
following
shall
apply:
19
a.
If
a
person
commits
theft
in
the
first
degree
pursuant
to
20
section
714.2,
subsection
1,
the
person
is
guilty
of
a
class
21
“B”
felony.
22
b.
If
a
person
commits
theft
in
the
second
degree
pursuant
23
to
section
714.2,
subsection
2,
the
person
is
guilty
of
a
class
24
“C”
felony.
25
c.
If
a
person
commits
theft
in
the
third
degree
pursuant
to
26
section
714.2,
subsection
3,
the
person
is
guilty
of
a
class
27
“D”
felony.
28
d.
If
a
person
commits
theft
in
the
fourth
degree
pursuant
29
to
section
714.2,
subsection
4,
the
person
is
guilty
of
an
30
aggravated
misdemeanor.
31
e.
If
a
person
commits
theft
in
the
fifth
degree
pursuant
to
32
section
714.2,
subsection
5,
the
person
is
guilty
of
a
serious
33
misdemeanor.
34
2.
In
determining
whether
to
impose
the
penalties
under
35
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60
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2117
subsection
1
,
the
court
shall
consider
the
following:
1
a.
Whether
the
defendant’s
conduct
was
in
willful
disregard
2
of
the
rights
of
the
older
individual.
3
b.
Whether
the
defendant
knew
or
should
have
known
that
the
4
defendant’s
conduct
was
directed
to
an
older
individual.
5
c.
Whether
the
older
individual
was
substantially
more
6
vulnerable
to
the
defendant’s
conduct
because
of
age,
poor
7
health,
infirmity,
impaired
understanding,
restricted
mobility,
8
or
disability,
than
other
persons.
9
d.
Any
other
factors
the
court
deems
appropriate.
10
3.
For
the
purposes
of
this
section,
“older
individual”
11
means
older
individual
as
defined
in
section
231G.1.
12
Sec.
23.
NEW
SECTION
.
726.24
Elder
abuse
——
initiation
of
13
charges
——
penalty.
14
1.
A
charge
of
elder
abuse
may
be
initiated
upon
the
15
complaint
of
a
private
individual
or
as
a
result
of
an
16
investigation
by
a
social
service
agency
or
on
the
direct
17
initiative
of
the
attorney
general,
a
county
attorney,
or
a
law
18
enforcement
agency.
19
2.
A
person
who
intentionally
commits
elder
abuse
is
guilty
20
of
a
class
“C”
felony
if
the
intentional
elder
abuse
results
21
in
serious
injury.
22
3.
A
person
who
recklessly
commits
elder
abuse
is
guilty
23
of
a
class
“D”
felony
if
the
reckless
elder
abuse
results
in
24
serious
injury.
25
4.
A
person
who
intentionally
commits
elder
abuse
is
guilty
26
of
a
class
“C”
felony
if
the
intentional
elder
abuse
results
27
in
physical
injury.
28
5.
A
person
who
recklessly
commits
elder
abuse
is
guilty
of
29
an
aggravated
misdemeanor
if
the
reckless
elder
abuse
results
30
in
physical
injury.
31
6.
A
person
who
otherwise
intentionally
or
knowingly
32
commits
elder
abuse
is
guilty
of
a
serious
misdemeanor.
33
7.
A
person
alleged
to
have
committed
a
violation
under
34
this
section
shall
be
charged
with
the
respective
offense
35
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60
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cited,
unless
a
charge
may
be
brought
based
upon
a
more
serious
1
offense,
in
which
case
the
charge
of
the
more
serious
offense
2
shall
supersede
the
less
serious
charge.
3
8.
It
does
not
constitute
a
defense
to
a
prosecution
for
any
4
violation
under
this
section
that
the
alleged
perpetrator
did
5
not
know
the
age
of
the
victim.
6
9.
In
a
criminal
action
in
which
an
older
individual
is
7
a
victim,
the
state
may
move
the
court
to
advance
the
trial
8
on
the
docket.
The
presiding
judge,
after
consideration
of
9
the
age
and
health
of
the
victim,
may
advance
the
trial
on
10
the
docket.
The
motion
may
be
filed
and
served
with
the
11
information
or
charges
or
at
any
time.
12
10.
If
a
person
is
convicted
or
receives
a
deferred
judgment
13
for,
or
pleads
guilty
to
a
violation
of
this
section,
the
14
court
shall
modify
the
no-contact
order
issued
upon
initial
15
appearance
in
the
manner
provided
in
section
664A.5,
regardless
16
of
whether
the
person
is
placed
on
probation.
17
11.
The
clerk
of
the
district
court
shall
provide
notice
18
and
copies
of
a
judgment
entered
under
this
section
to
the
19
applicable
law
enforcement
agencies
and
the
twenty-four-hour
20
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
21
provided
for
protective
orders
under
section
231G.8.
The
22
clerk
shall
provide
notice
and
copies
of
modifications
of
the
23
judgment
in
the
same
manner.
24
12.
For
the
purposes
of
this
section:
25
a.
“Elder
abuse”
and
“older
individual”
mean
the
same
as
26
defined
in
section
231G.1.
27
b.
“Serious
injury”
means
the
same
as
defined
in
section
28
702.18.
29
Sec.
24.
NEW
SECTION
.
726.25
Financial
exploitation
of
an
30
older
individual.
31
1.
A
person
commits
financial
exploitation
of
an
older
32
individual
when
the
person
stands
in
a
position
of
trust
or
33
confidence
with
the
older
individual
and
knowingly
and
by
undue
34
influence,
deception,
coercion,
fraud,
breach
of
fiduciary
35
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2117
duty,
or
extortion,
obtains
control
over
or
otherwise
uses
the
1
benefits,
property,
resources,
belongings,
or
assets
of
the
2
older
individual.
3
2.
A
person
who
commits
financial
exploitation
of
an
older
4
individual
is
guilty
of
the
following,
as
applicable:
5
a.
A
serious
misdemeanor
if
the
value
of
the
benefits,
6
property,
resources,
belongings,
or
assets
is
one
hundred
7
dollars
or
less.
8
b.
An
aggravated
misdemeanor
if
the
value
of
the
benefits,
9
property,
resources,
belongings,
or
assets
exceeds
one
hundred
10
dollars
but
does
not
exceed
one
thousand
dollars.
11
c.
A
class
“D”
felony
if
the
value
of
the
benefits,
12
property,
resources,
belongings,
or
assets
exceeds
one
thousand
13
dollars
but
does
not
exceed
ten
thousand
dollars.
14
d.
A
class
“C”
felony
if
the
value
of
the
benefits,
15
property,
resources,
belongings,
or
assets
exceeds
ten
thousand
16
dollars
but
does
not
exceed
fifty
thousand
dollars.
17
e.
A
class
“B”
felony
if
the
value
of
the
benefits,
18
property,
resources,
belongings,
or
assets
exceeds
fifty
19
thousand
dollars,
or
if
the
older
individual
is
seventy
years
20
of
age
to
eighty
years
of
age
and
the
value
of
the
benefits,
21
property,
resources,
belongings,
or
assets
is
fifteen
thousand
22
dollars
or
more,
or
if
the
older
individual
is
eighty
years
23
of
age
or
older
and
the
value
of
the
benefits,
property,
24
resources,
belongings,
or
assets
is
five
thousand
dollars
or
25
more.
26
3.
Nothing
in
this
section
shall
be
construed
to
limit
other
27
remedies
available
to
the
older
individual
including
those
28
provided
under
chapters
231G
and
236.
29
4.
A
person
alleged
to
have
committed
a
violation
under
30
this
section
shall
be
charged
with
the
respective
offense
31
cited,
unless
a
charge
may
be
brought
based
upon
a
more
serious
32
offense,
in
which
case
the
charge
of
the
more
serious
offense
33
shall
supersede
the
less
serious
charge.
34
5.
Nothing
in
this
section
shall
be
construed
to
impose
35
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2117
criminal
liability
on
a
person
who
has
made
a
good-faith
effort
1
to
assist
an
older
individual
in
the
management
of
the
older
2
individual’s
benefits,
property,
resources,
belongings,
or
3
assets,
but
through
no
fault
of
the
person,
the
person
has
been
4
unable
to
provide
such
assistance.
5
6.
It
shall
not
be
a
defense
to
financial
exploitation
of
6
an
older
individual
that
the
alleged
perpetrator
did
not
know
7
the
age
of
the
older
individual
or
reasonably
believed
that
the
8
alleged
victim
was
not
an
older
individual.
9
7.
For
the
purposes
of
this
section:
10
a.
“Caregiver”
means
the
same
as
defined
in
section
231G.1.
11
b.
“Coercion”
means
communication
or
conduct
which
compels
12
an
older
individual
to
act
or
refrain
from
acting
against
the
13
older
individual’s
will.
14
c.
“Fiduciary”
means
the
same
as
defined
in
section
231G.1.
15
d.
“Older
individual”
means
the
same
as
defined
in
section
16
231G.1.
17
e.
“Stands
in
a
position
of
trust
or
confidence”
means
the
18
person
has
any
of
the
following
relationships
relative
to
the
19
older
individual:
20
(1)
Is
a
parent,
spouse,
adult
child,
or
other
relative
by
21
consanguinity
or
affinity
of
the
older
individual.
22
(2)
Is
a
joint
tenant
or
tenant
in
common
with
the
older
23
individual.
24
(3)
Has
a
legal
or
fiduciary
relationship
with
the
older
25
individual.
26
(4)
Is
a
financial
planning
or
investment
professional
27
providing
or
offering
to
provide
financial
planning
or
28
investment
advice
to
the
older
individual.
29
(5)
Is
a
beneficiary
of
the
older
individual
in
a
governing
30
instrument.
31
(6)
Is
a
caregiver
for
the
older
individual.
32
(7)
Is
a
person
who
is
in
a
confidential
relationship
with
33
the
older
individual.
The
determination
of
the
existence
of
a
34
confidential
relationship
is
an
issue
of
fact
to
be
determined
35
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2117
by
the
court
based
upon
the
totality
of
the
circumstances.
1
f.
“Undue
influence”
means
the
same
as
defined
in
section
2
231G.1.
3
Sec.
25.
NEW
SECTION
.
726.26
Dependent
adult
abuse
——
4
initiation
of
charges
——
penalty.
5
1.
A
charge
of
dependent
adult
abuse
may
be
initiated
6
upon
the
complaint
of
a
private
individual
or
as
a
result
of
7
an
investigation
by
a
social
service
agency
or
on
the
direct
8
initiative
of
the
office
of
the
attorney
general,
a
county
9
attorney,
or
a
law
enforcement
agency.
10
2.
A
caretaker
who
intentionally
commits
dependent
adult
11
abuse
is
guilty
of
a
class
“C”
felony
if
the
intentional
12
dependent
adult
abuse
results
in
serious
injury.
13
3.
A
caretaker
who
recklessly
commits
dependent
adult
abuse
14
is
guilty
of
a
class
“D”
felony
if
the
reckless
dependent
adult
15
abuse
results
in
serious
injury.
16
4.
A
caretaker
who
intentionally
commits
dependent
adult
17
abuse
is
guilty
of
a
class
“C”
felony
if
the
intentional
18
dependent
adult
abuse
results
in
physical
injury.
19
5.
A
caretaker
who
commits
dependent
adult
abuse
by
20
exploitation
of
a
dependent
adult
is
guilty
of
a
class
“D”
21
felony
if
the
value
of
the
property,
assets,
or
resources
22
exceeds
one
hundred
dollars.
23
6.
A
caretaker
who
recklessly
commits
dependent
adult
24
abuse
is
guilty
of
an
aggravated
misdemeanor
if
the
reckless
25
dependent
adult
abuse
results
in
physical
injury.
26
7.
A
caretaker
who
otherwise
intentionally
or
knowingly
27
commits
dependent
adult
abuse
is
guilty
of
a
serious
28
misdemeanor.
29
8.
A
caretaker
who
commits
dependent
adult
abuse
by
30
exploitation
of
a
dependent
adult
is
guilty
of
a
simple
31
misdemeanor
if
the
value
of
the
property,
assets,
or
resources
32
is
one
hundred
dollars
or
less.
33
9.
A
caretaker
alleged
to
have
committed
dependent
adult
34
abuse
shall
be
charged
with
the
respective
offense
cited,
35
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60
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2117
unless
a
charge
may
be
brought
based
upon
a
more
serious
1
offense,
in
which
case
the
charge
of
the
more
serious
offense
2
shall
supersede
the
less
serious
charge.
3
10.
For
the
purposes
of
this
section,
“caretaker”
,
4
“dependent
adult”
,
“dependent
adult
abuse”
,
“exploitation”
,
5
“recklessly”
,
and
“serious
injury”
mean
the
same
as
defined
or
6
described
in
section
235B.2.
7
Sec.
26.
Section
714.16A,
Code
2014,
is
amended
to
read
as
8
follows:
9
714.16A
Additional
civil
penalty
for
consumer
frauds
10
committed
against
elderly
older
individual
——
fund
established.
11
1.
a.
If
a
person
violates
section
714.16
,
and
the
12
violation
is
committed
against
an
older
person
individual
,
13
in
an
action
brought
by
the
attorney
general,
in
addition
to
14
any
other
civil
penalty,
the
court
may
impose
an
additional
15
civil
penalty
not
to
exceed
five
thousand
dollars
for
each
16
such
violation.
Additionally,
the
attorney
general
may
17
accept
a
civil
penalty
as
determined
by
the
attorney
general
18
in
settlement
of
an
investigation
of
a
violation
of
section
19
714.16
,
regardless
of
whether
an
action
has
been
filed
pursuant
20
to
section
714.16
.
21
b.
A
civil
penalty
imposed
by
a
court
or
determined
and
22
accepted
by
the
attorney
general
pursuant
to
this
section
shall
23
be
paid
to
the
treasurer
of
state,
who
shall
deposit
the
money
24
in
the
elderly
older
individual
victim
fund,
a
separate
fund
25
created
in
the
state
treasury
and
administered
by
the
attorney
26
general
for
the
investigation
and
prosecution
of
frauds
against
27
the
elderly
older
individuals
.
Notwithstanding
section
8.33
,
28
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
29
not
revert
to
the
general
fund
of
the
state.
An
award
of
30
reimbursement
pursuant
to
section
714.16
has
priority
over
a
31
civil
penalty
imposed
by
the
court
pursuant
to
this
subsection
.
32
2.
In
determining
whether
to
impose
a
civil
penalty
under
33
subsection
1
,
and
the
amount
of
any
such
penalty,
the
court
34
shall
consider
the
following:
35
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a.
Whether
the
defendant’s
conduct
was
in
willful
disregard
1
of
the
rights
of
the
older
person
individual
.
2
b.
Whether
the
defendant
knew
or
should
have
known
that
the
3
defendant’s
conduct
was
directed
to
an
older
person
individual
.
4
c.
Whether
the
older
person
individual
was
substantially
5
more
vulnerable
to
the
defendant’s
conduct
because
of
age,
poor
6
health,
infirmity,
impaired
understanding,
restricted
mobility,
7
or
disability,
than
other
persons.
8
d.
Any
other
factors
the
court
deems
appropriate.
9
3.
As
used
in
this
section
,
“older
person”
individual”
means
10
a
person
who
is
sixty-five
years
of
age
or
older
the
same
as
11
defined
in
section
231G.1
.
12
Sec.
27.
REPEAL.
Section
235B.20,
Code
2014,
is
repealed.
13
Sec.
28.
CODE
EDITOR
DIRECTIVES.
The
Code
editor
shall
do
14
all
of
the
following:
15
1.
Create
a
new
subchapter
in
chapter
726,
entitled
16
“Resident,
Dependent
Adult,
and
Older
Individual
Protection”
17
that
includes
sections
726.24,
726.25,
and
726.26,
as
enacted
18
in
this
Act.
19
2.
a.
Transfer
sections
726.7
and
726.8,
Code
2014,
to
20
the
new
subchapter
and
renumber
the
transferred
sections
as
21
follows:
22
(1)
Section
726.7
as
section
726.27.
23
(2)
Section
726.8
as
section
726.28.
24
b.
Correct
internal
references
as
necessary.
25
3.
Revise
the
title
of
chapter
726
to
read
“Protections
26
for
the
family,
dependent
persons,
residents
of
health
care
27
facilities,
and
older
individuals”.
28
DIVISION
III
29
ADDITIONAL
PROVISIONS
——
OLDER
INDIVIDUALS
30
Sec.
29.
Section
135.11,
subsection
24,
Code
2014,
is
31
amended
to
read
as
follows:
32
24.
Review
and
approve
mandatory
reporter
training
33
curricula
for
those
persons
who
work
in
a
position
34
classification
that
under
law
makes
the
persons
mandatory
35
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60
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2117
reporters
of
child
or
dependent
adult
abuse
and
the
position
1
classification
does
not
have
a
mandatory
reporter
training
2
curriculum
approved
by
a
licensing
or
examining
board.
The
3
department
shall
collaborate
with
the
department
on
aging
4
in
approving
a
curriculum
to
satisfy
the
combined
training
5
requirements
pursuant
to
section
235B.16,
subsection
5.
6
Sec.
30.
Section
231.23,
Code
2014,
is
amended
by
adding
the
7
following
new
subsections:
8
NEW
SUBSECTION
.
14.
Develop
and
maintain,
in
consultation
9
with
the
department
of
human
services
and
the
department
of
10
inspections
and
appeals,
a
dependent
adult
abuse
mandatory
11
reporter
training
curriculum
for
those
persons
who
work
in
12
a
position
classification
that
under
law
makes
the
persons
13
mandatory
reporters
of
dependent
adult
abuse
and
the
position
14
classification
does
not
have
a
mandatory
reporter
training
15
curriculum
approved
by
a
licensing
or
examining
board.
The
16
curriculum
shall
provide
information
regarding
available
17
resources,
referral
and
support
services,
and
intervention
18
options
including
those
pursuant
to
chapters
231G,
235B,
and
19
235E.
The
department
shall
collaborate
with
the
department
of
20
human
services
and
the
department
of
public
health
in
approving
21
a
curriculum
to
satisfy
the
combined
training
requirements
22
pursuant
to
section
235B.16,
subsection
5.
23
NEW
SUBSECTION
.
15.
Certify
trainers
to
provide
the
24
dependent
adult
abuse
mandatory
reporter
training
curriculum
25
developed
and
maintained
by
the
department.
A
trainer
shall
26
not
utilize
the
department’s
curriculum
unless
the
trainer
has
27
been
certified
by
completing
the
department’s
required
training
28
program.
The
department’s
training
program
shall
include
but
29
is
not
limited
to
information
on
laws,
rules,
and
regulations
30
relating
to
dependent
adults
and
available
resources,
referral
31
and
support
services,
and
intervention
options
including
those
32
available
pursuant
to
chapters
231G,
235B,
and
235E.
The
33
department
shall
adopt
rules
relating
to
trainer
certification
34
including
but
not
limited
to
issuance,
renewal,
and
revocation
35
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2117
of
certification.
1
Sec.
31.
Section
235B.6,
subsection
2,
paragraph
e,
2
subparagraph
(5),
Code
2014,
is
amended
to
read
as
follows:
3
(5)
The
office
of
the
attorney
for
the
department
who
is
4
responsible
for
representing
the
department
general
.
5
Sec.
32.
Section
235B.6,
subsection
3,
Code
2014,
is
amended
6
to
read
as
follows:
7
3.
Access
to
unfounded
dependent
adult
abuse
information
is
8
authorized
only
to
those
persons
identified
in
subsection
2
,
9
paragraph
“a”
,
paragraph
“b”
,
subparagraphs
(2),
(5),
and
(6),
10
and
paragraph
“e”
,
subparagraphs
(2)
,
(5),
and
(10).
11
Sec.
33.
Section
235B.16,
subsections
1,
2,
and
3,
Code
12
2014,
are
amended
to
read
as
follows:
13
1.
The
department
on
aging,
in
cooperation
with
the
14
department,
shall
conduct
a
public
information
and
education
15
program.
The
elements
and
goals
of
the
program
include
but
are
16
not
limited
to:
17
a.
Informing
the
public
regarding
the
laws
governing
18
dependent
adult
abuse
and
elder
abuse,
the
reporting
19
requirements
for
dependent
adult
abuse
,
and
the
resource
and
20
referral
options
available
under
this
chapter
and
chapters
231G
21
and
235E
.
22
b.
Providing
caretakers
with
information
regarding
services
23
to
alleviate
the
emotional,
psychological,
physical,
or
24
financial
stress
associated
with
the
caretaker
and
dependent
25
adult
relationship.
26
c.
Affecting
public
attitudes
regarding
the
role
of
a
27
dependent
adult
adults
and
older
individuals
in
society.
28
2.
The
department
on
aging
,
in
cooperation
with
the
29
department
on
aging
of
human
services
and
the
department
of
30
inspections
and
appeals,
shall
institute
a
program
of
education
31
and
training
for
persons,
including
members
of
provider
groups
32
and
family
members,
who
may
come
in
contact
with
encounter
33
dependent
adult
abuse
or
elder
abuse
.
The
program
shall
34
include
but
is
not
limited
to
instruction
regarding
recognition
35
-35-
LSB
5237XS
(3)
85
pf/nh
35/
60
S.F.
2117
of
dependent
adult
abuse
and
elder
abuse
and
the
procedure
for
1
the
reporting
of
suspected
abuse.
2
3.
The
content
of
the
continuing
education
required
3
pursuant
to
chapter
272C
for
a
licensed
professional
providing
4
care
or
service
to
a
dependent
adult
shall
include,
but
is
5
not
limited
to,
the
responsibilities,
obligations,
powers,
6
and
duties
of
a
person
regarding
the
reporting
of
suspected
7
dependent
adult
abuse,
and
training
to
aid
the
professional
8
in
identifying
instances
of
dependent
adult
abuse
,
and
the
9
resource
and
referral
options
available
under
this
chapter
and
10
chapters
231G
and
235E
to
address
dependent
adult
abuse
and
11
elder
abuse
.
12
Sec.
34.
Section
235B.16,
subsection
5,
paragraphs
d
and
e,
13
Code
2014,
are
amended
to
read
as
follows:
14
d.
The
person
may
complete
the
initial
or
additional
15
training
requirements
as
a
part
of
any
of
the
following
that
16
are
applicable
to
the
person:
17
(1)
A
continuing
education
program
required
under
chapter
18
272C
and
approved
by
the
appropriate
licensing
board.
19
(2)
A
training
program
using
a
the
curriculum
approved
by
20
the
director
of
public
health
department
on
aging
pursuant
to
21
section
135.11
231.23
.
22
(3)
A
training
program
using
such
an
approved
the
curriculum
23
approved
by
the
department
on
aging
pursuant
to
section
231.23
24
and
offered
by
the
department
of
human
services,
the
department
25
on
aging,
the
department
of
inspections
and
appeals,
the
Iowa
26
law
enforcement
academy,
or
a
similar
public
agency.
27
e.
A
person
required
to
complete
both
child
abuse
and
28
dependent
adult
abuse
mandatory
reporter
training
may
complete
29
the
training
through
a
program
which
combines
child
abuse
and
30
dependent
adult
abuse
curricula
and
thereby
meet
the
training
31
requirements
of
both
this
subsection
and
section
232.69
32
simultaneously.
A
person
who
is
a
mandatory
reporter
for
both
33
child
abuse
and
dependent
adult
abuse
may
satisfy
the
combined
34
training
requirements
of
this
subsection
and
section
232.69
35
-36-
LSB
5237XS
(3)
85
pf/nh
36/
60
S.F.
2117
through
completion
of
a
two-hour
four-hour
training
program,
1
if
the
training
program
curriculum
provides
equal
coverage
of
2
both
child
and
dependent
adult
abuse
and
is
approved
by
the
3
appropriate
licensing
board
or
collaboratively
by
the
director
4
of
public
health
pursuant
to
section
135.11
and
the
department
5
on
aging
pursuant
to
section
231.23,
as
applicable
.
6
Sec.
35.
Section
235B.16,
Code
2014,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
7.
For
the
purposes
of
this
section,
9
“elder
abuse”
and
“older
individual”
mean
the
same
as
defined
10
in
section
231G.1.
11
DIVISION
IV
12
CONFORMING
CHANGES
13
Sec.
36.
Section
13.2,
subsection
1,
Code
2014,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
o.
Develop
written
procedures
and
policies
16
to
be
followed
by
prosecuting
attorneys
in
the
prosecution
17
of
elder
abuse,
elder
abuse
assault,
theft
against
an
older
18
individual,
consumer
frauds
committed
against
an
older
19
individual,
and
financial
exploitation
of
an
older
individual
20
under
chapter
231G
and
sections
708.2D,
714.2A,
714.16A,
21
726.24,
and
726.25.
22
Sec.
37.
Section
13.31,
subsection
3,
Code
2014,
is
amended
23
to
read
as
follows:
24
3.
Administer
the
domestic
abuse
program
provided
in
25
chapter
236
and
elder
abuse
actions
commenced
under
chapter
26
231G
.
27
Sec.
38.
Section
135B.7,
Code
2014,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
5.
The
department
shall
also
adopt
rules
30
requiring
hospitals
to
establish
and
implement
protocols
for
31
responding
to
the
needs
of
patients
who
are
victims
of
elder
32
abuse,
as
defined
in
section
231G.1.
33
Sec.
39.
Section
231.23,
Code
2014,
is
amended
by
adding
the
34
following
new
subsection:
35
-37-
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5237XS
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85
pf/nh
37/
60
S.F.
2117
NEW
SUBSECTION
.
14.
Collaborate
with
the
department
of
1
public
health
to
develop
protocols,
functions,
timing,
roles,
2
and
responsibilities
relating
to
the
suspicious
deaths
of
older
3
individuals
review
team
created
in
chapter
135,
division
XXXI.
4
Sec.
40.
Section
231.64,
subsection
1,
Code
2014,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
d.
The
primary
point
of
entry
for
the
elder
7
abuse
resource
and
referral
program
created
in
chapter
231G.
8
Sec.
41.
Section
232.8,
subsection
1,
Code
2014,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
e.
The
juvenile
court
shall
have
11
jurisdiction
in
proceedings
commenced
against
a
child
pursuant
12
to
section
231G.3
over
which
the
district
court
has
waived
its
13
jurisdiction.
The
juvenile
court
shall
hear
the
action
in
the
14
manner
of
an
adjudicatory
hearing
under
section
232.47,
subject
15
to
the
following:
16
(1)
The
juvenile
court
shall
abide
by
the
provisions
of
17
sections
231G.7
and
231G.9
in
holding
hearings
and
making
a
18
disposition.
19
(2)
The
plaintiff
is
entitled
to
proceed
pro
se
under
20
sections
231G.4
and
231G.5.
21
Sec.
42.
Section
232.22,
subsection
1,
Code
2014,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
h.
There
is
probable
cause
to
believe
24
that
the
child
has
committed
a
delinquent
act
which
would
be
25
elder
abuse
under
chapter
231G
or
an
elder
abuse
assault
under
26
section
708.2D
if
committed
by
an
adult.
27
Sec.
43.
Section
232.52,
subsection
2,
Code
2014,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
i.
In
the
case
of
a
child
adjudicated
30
delinquent
for
an
act
which
would
be
a
violation
of
chapter
31
231G
or
section
708.2D
if
committed
by
an
adult,
an
order
32
requiring
the
child
to
attend
a
batterers’
treatment
program
33
under
section
708.2B.
34
Sec.
44.
Section
331.424,
subsection
1,
paragraph
a,
35
-38-
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5237XS
(3)
85
pf/nh
38/
60
S.F.
2117
subparagraph
(6),
Code
2014,
is
amended
to
read
as
follows:
1
(6)
The
maintenance
and
operation
of
the
courts,
including
2
but
not
limited
to
the
salary
and
expenses
of
the
clerk
of
the
3
district
court
and
other
employees
of
the
clerk’s
office,
and
4
bailiffs,
court
costs
if
the
prosecution
fails
or
if
the
costs
5
cannot
be
collected
from
the
person
liable,
costs
and
expenses
6
of
prosecution
under
section
189A.17
,
salaries
and
expenses
7
of
juvenile
court
officers
under
chapter
602
,
court-ordered
8
costs
in
domestic
abuse
cases
under
section
236.5
and
elder
9
abuse
cases
under
section
231G.8
,
the
county’s
expense
10
for
confinement
of
prisoners
under
chapter
356A
,
temporary
11
assistance
to
the
county
attorney,
county
contributions
to
a
12
retirement
system
for
bailiffs,
reimbursement
for
judicial
13
magistrates
under
section
602.6501
,
claims
filed
under
section
14
622.93
,
interpreters’
fees
under
section
622B.7
,
uniform
15
citation
and
complaint
supplies
under
section
805.6
,
and
costs
16
of
prosecution
under
section
815.13
.
17
Sec.
45.
Section
507B.4,
subsection
3,
paragraph
g,
Code
18
2014,
is
amended
by
adding
the
following
new
subparagraph:
19
NEW
SUBPARAGRAPH
.
(4)
Making
or
permitting
any
20
discrimination
in
the
sale
of
insurance
solely
on
the
basis
of
21
elder
abuse
as
defined
in
section
231G.1.
22
Sec.
46.
Section
562A.27A,
subsection
3,
paragraph
a,
23
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
24
(1)
The
tenant
seeks
a
protective
order,
restraining
25
order,
order
to
vacate
the
homestead,
or
other
similar
relief
26
pursuant
to
chapter
231G,
236
,
598
,
664A
,
or
915
,
or
any
other
27
applicable
provision
which
would
apply
to
the
person
conducting
28
the
activities
causing
the
clear
and
present
danger.
29
Sec.
47.
Section
562B.25A,
subsection
3,
paragraph
a,
30
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
31
(1)
The
tenant
seeks
a
protective
order,
restraining
32
order,
order
to
vacate
the
homestead,
or
other
similar
relief
33
pursuant
to
chapter
231G,
236
,
598
,
664A
,
or
915
,
or
any
other
34
applicable
provision
which
would
apply
to
the
person
conducting
35
-39-
LSB
5237XS
(3)
85
pf/nh
39/
60
S.F.
2117
the
activities
causing
the
clear
and
present
danger.
1
Sec.
48.
Section
598.7,
subsection
1,
Code
2014,
is
amended
2
to
read
as
follows:
3
1.
The
district
court
may,
on
its
own
motion
or
on
the
4
motion
of
any
party,
order
the
parties
to
participate
in
5
mediation
in
any
dissolution
of
marriage
action
or
other
6
domestic
relations
action.
Mediation
performed
under
this
7
section
shall
comply
with
the
provisions
of
chapter
679C
.
8
The
provisions
of
this
section
shall
not
apply
if
the
action
9
involves
a
child
support
or
medical
support
obligation
enforced
10
by
the
child
support
recovery
unit.
The
provisions
of
this
11
section
shall
not
apply
to
actions
which
involve
elder
abuse
12
as
defined
in
section
231G.1
or
domestic
abuse
pursuant
13
to
chapter
236
.
The
provisions
of
this
section
shall
not
14
affect
a
judicial
district’s
or
court’s
authority
to
order
15
settlement
conferences
pursuant
to
rules
of
civil
procedure.
16
The
court
shall,
on
application
of
a
party,
grant
a
waiver
17
from
any
court-ordered
mediation
under
this
section
if
the
18
party
demonstrates
that
a
history
of
domestic
abuse
exists
as
19
specified
in
section
598.41,
subsection
3
,
paragraph
“j”
.
20
Sec.
49.
Section
598.16,
subsection
7,
Code
2014,
is
amended
21
to
read
as
follows:
22
7.
Upon
application,
the
court
shall
grant
a
waiver
from
23
the
requirements
of
this
section
if
a
party
demonstrates
that
24
a
history
of
elder
abuse,
as
defined
in
section
231G.1,
or
25
domestic
abuse,
as
defined
in
section
236.2
,
exists.
26
a.
In
determining
whether
a
history
of
elder
abuse
exists,
27
the
court’s
consideration
shall
include
but
is
not
limited
28
to
commencement
of
an
action
pursuant
to
section
231G.3,
the
29
issuance
of
a
court
order
or
consent
agreement
pursuant
to
30
section
231G.8,
the
issuance
of
an
emergency
order
pursuant
to
31
section
231G.9,
the
holding
of
a
party
in
contempt
pursuant
to
32
section
664A.7,
the
response
of
a
peace
officer
to
the
scene
33
of
alleged
elder
abuse,
or
the
arrest
of
a
party
following
34
response
to
a
report
of
alleged
elder
abuse,
or
a
conviction
35
-40-
LSB
5237XS
(3)
85
pf/nh
40/
60
S.F.
2117
for
elder
abuse
assault
pursuant
to
section
708.2D.
1
b.
In
determining
whether
a
history
of
domestic
abuse
2
exists,
the
court’s
consideration
shall
include
but
is
not
3
limited
to
commencement
of
an
action
pursuant
to
section
236.3
,
4
the
issuance
of
a
protective
order
against
a
party
or
the
5
issuance
of
a
court
order
or
consent
agreement
pursuant
to
6
section
236.5
,
the
issuance
of
an
emergency
order
pursuant
to
7
section
236.6
,
the
holding
of
a
party
in
contempt
pursuant
to
8
section
664A.7
,
the
response
of
a
peace
officer
to
the
scene
9
of
alleged
domestic
abuse
or
the
arrest
of
a
party
following
10
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
11
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
12
Sec.
50.
Section
598.41,
subsection
3,
paragraph
j,
Code
13
2014,
is
amended
to
read
as
follows:
14
j.
Whether
a
history
of
elder
abuse,
as
defined
in
section
15
231G.1
or
domestic
abuse,
as
defined
in
section
236.2
,
exists.
16
(1)
In
determining
whether
a
history
of
elder
abuse
exists,
17
the
court’s
consideration
shall
include
but
is
not
limited
18
to
commencement
of
an
action
pursuant
to
section
231G.3,
the
19
issuance
of
a
court
order
or
consent
agreement
pursuant
to
20
section
231G.8,
the
issuance
of
an
emergency
order
pursuant
to
21
section
231G.9,
the
holding
of
a
party
in
contempt
pursuant
to
22
section
664A.7,
the
response
of
a
peace
officer
to
the
scene
of
23
alleged
elder
abuse
or
the
arrest
of
a
party
following
response
24
to
a
report
of
alleged
elder
abuse,
or
a
conviction
for
elder
25
abuse
assault
pursuant
to
section
708.2D.
26
(2)
In
determining
whether
a
history
of
domestic
abuse
27
exists,
the
court’s
consideration
shall
include
but
is
not
28
limited
to
commencement
of
an
action
pursuant
to
section
236.3
,
29
the
issuance
of
a
protective
order
against
the
parent
or
the
30
issuance
of
a
court
order
or
consent
agreement
pursuant
to
31
section
236.5
,
the
issuance
of
an
emergency
order
pursuant
to
32
section
236.6
,
the
holding
of
a
parent
in
contempt
pursuant
to
33
section
664A.7
,
the
response
of
a
peace
officer
to
the
scene
34
of
alleged
domestic
abuse
or
the
arrest
of
a
parent
following
35
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response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
1
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
2
Sec.
51.
Section
598.41D,
subsection
4,
paragraph
b,
3
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
4
(2)
That
the
specified
family
member
does
not
have
a
history
5
of
elder
abuse,
as
defined
in
section
231G.1
or
domestic
abuse,
6
as
defined
in
section
236.2
.
7
(a)
In
determining
whether
a
history
of
elder
abuse
exists,
8
the
court’s
consideration
shall
include
but
is
not
limited
9
to
commencement
of
an
action
pursuant
to
section
231G.3,
the
10
issuance
of
a
court
order
or
consent
agreement
pursuant
to
11
section
231G.8,
the
issuance
of
an
emergency
order
pursuant
to
12
section
231G.9,
the
holding
of
a
party
in
contempt
pursuant
to
13
section
664A.7,
the
response
of
a
peace
officer
to
the
scene
of
14
alleged
elder
abuse
or
the
arrest
of
a
party
following
response
15
to
a
report
of
alleged
elder
abuse,
or
a
conviction
for
elder
16
abuse
assault
pursuant
to
section
708.2D.
17
(b)
In
determining
whether
a
history
of
domestic
abuse
18
exists,
the
court’s
consideration
shall
include
but
is
not
19
limited
to
commencement
of
an
action
pursuant
to
section
236.3
,
20
the
issuance
of
a
protective
order
against
the
individual
or
21
the
issuance
of
a
court
order
or
consent
agreement
pursuant
22
to
section
236.5
,
the
issuance
of
an
emergency
order
pursuant
23
to
section
236.6
,
the
holding
of
an
individual
in
contempt
24
pursuant
to
section
664A.7
,
the
response
of
a
peace
officer
25
to
the
scene
of
alleged
domestic
abuse
or
the
arrest
of
an
26
individual
following
response
to
a
report
of
alleged
domestic
27
abuse,
or
a
conviction
for
domestic
abuse
assault
pursuant
to
28
section
708.2A
.
29
Sec.
52.
Section
598.42,
Code
2014,
is
amended
to
read
as
30
follows:
31
598.42
Notice
of
certain
orders
by
clerk
of
court.
32
The
clerk
of
the
district
court
shall
provide
notice
and
33
copies
of
temporary
or
permanent
protective
orders
and
orders
34
to
vacate
the
homestead
entered
pursuant
to
this
chapter
to
35
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the
applicable
law
enforcement
agencies
and
the
twenty-four
1
hour
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
2
provided
for
protective
orders
under
section
231G.8
or
236.5
.
3
The
clerk
shall
provide
notice
and
copies
of
modifications
or
4
vacations
of
these
orders
in
the
same
manner.
5
Sec.
53.
Section
602.6306,
subsection
2,
Code
2014,
is
6
amended
to
read
as
follows:
7
2.
District
associate
judges
also
have
jurisdiction
8
in
civil
actions
for
money
judgment
where
the
amount
in
9
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
10
over
involuntary
commitment,
treatment,
or
hospitalization
11
proceedings
under
chapters
125
and
229
;
jurisdiction
of
12
indictable
misdemeanors,
class
“D”
felony
violations,
and
13
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
14
or
emergency
order
of
protection
under
chapter
231G
or
236
,
15
and
to
make
court
appointments
and
set
hearings
in
criminal
16
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
17
require
notice
and
hearing
and
to
set
hearings
in
actions
under
18
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
19
602.7101
when
designated
as
a
judge
of
the
juvenile
court.
20
While
presiding
in
these
subject
matters
a
district
associate
21
judge
shall
employ
district
judges’
practice
and
procedure.
22
Sec.
54.
Section
611.23,
Code
2014,
is
amended
to
read
as
23
follows:
24
611.23
Civil
actions
involving
allegations
of
elder
abuse,
25
sexual
abuse
,
or
domestic
abuse
——
counseling.
26
In
a
civil
case
in
which
a
plaintiff
is
seeking
relief
or
27
damages
for
alleged
elder
abuse
as
defined
in
section
231G.1,
28
sexual
abuse
as
defined
in
section
709.1
,
or
domestic
abuse
29
as
defined
in
section
236.2
,
the
plaintiff
may
seek,
and
the
30
court
may
grant,
an
order
requiring
the
defendant
to
receive
31
professional
counseling,
in
addition
to
any
other
appropriate
32
relief
or
damages.
33
Sec.
55.
Section
664A.1,
subsection
2,
Code
2014,
is
amended
34
to
read
as
follows:
35
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2.
“Protective
order”
means
a
protective
order
issued
1
pursuant
to
chapter
232
,
a
court
order
or
court-approved
2
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
3
231G,
including
a
valid
foreign
protective
order
under
section
4
231G.19,
a
court
order
or
court-approved
consent
agreement
5
entered
pursuant
to
chapter
236
,
including
a
valid
foreign
6
protective
order
under
section
236.19,
subsection
3
,
a
7
temporary
or
permanent
protective
order
or
order
to
vacate
8
the
homestead
under
chapter
598
,
or
an
order
that
establishes
9
conditions
of
release
or
is
a
protective
order
or
sentencing
10
order
in
a
criminal
prosecution
arising
from
a
domestic
abuse
11
assault
under
section
708.2A
or
elder
abuse
assault
under
12
section
708.2D
,
or
a
civil
injunction
issued
pursuant
to
13
section
915.22
.
14
Sec.
56.
Section
664A.2,
Code
2014,
is
amended
to
read
as
15
follows:
16
664A.2
Applicability.
17
1.
This
chapter
applies
to
no-contact
orders
issued
for
18
violations
or
alleged
violations
of
sections
708.2A
,
708.2D,
19
708.7
,
708.11
,
709.2
,
709.3
,
and
709.4
,
and
any
other
public
20
offense
for
which
there
is
a
victim.
21
2.
A
protective
order
issued
in
a
civil
proceeding
shall
22
be
issued
pursuant
to
chapter
231G,
232
,
236
,
598
,
or
915
.
23
Punishment
for
a
violation
of
a
protective
order
shall
be
24
imposed
pursuant
to
section
664A.7
.
25
Sec.
57.
Section
664A.3,
subsection
1,
unnumbered
paragraph
26
1,
Code
2014,
is
amended
to
read
as
follows:
27
When
a
person
is
taken
into
custody
for
contempt
proceedings
28
pursuant
to
section
231G.13
or
236.11
,
or
arrested
for
any
29
public
offense
referred
to
in
section
664A.2,
subsection
1
,
30
and
the
person
is
brought
before
a
magistrate
for
initial
31
appearance,
the
magistrate
shall
enter
a
no-contact
order
if
32
the
magistrate
finds
both
of
the
following:
33
Sec.
58.
Section
664A.3,
subsection
2,
Code
2014,
is
amended
34
to
read
as
follows:
35
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2.
Notwithstanding
chapters
804
and
805
,
a
person
taken
1
into
custody
pursuant
to
section
231G.13
or
236.11
,
or
arrested
2
pursuant
to
section
231G.14
or
236.12
may
be
released
on
bail
3
or
otherwise
only
after
initial
appearance
before
a
magistrate
4
as
provided
in
chapter
804
and
the
rules
of
criminal
procedure
5
or
section
231G.13
or
236.11
,
whichever
is
applicable.
6
Sec.
59.
Section
664A.4,
subsection
2,
Code
2014,
is
amended
7
to
read
as
follows:
8
2.
The
clerk
of
the
district
court
shall
provide
a
notice
9
and
copy
of
the
no-contact
order
to
the
appropriate
law
10
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
11
the
law
enforcement
agencies
in
the
same
manner
as
provided
12
in
section
231G.8
or
236.5
,
as
applicable
.
The
clerk
of
13
the
district
court
shall
provide
a
notice
and
copy
of
a
14
modification
or
vacation
of
a
no-contact
order
in
the
same
15
manner.
16
Sec.
60.
Section
664A.5,
Code
2014,
is
amended
to
read
as
17
follows:
18
664A.5
Modification
——
entry
of
permanent
no-contact
order.
19
If
a
defendant
is
convicted
of,
receives
a
deferred
judgment
20
for,
or
pleads
guilty
to
a
public
offense
referred
to
in
21
section
664A.2,
subsection
1
,
or
is
held
in
contempt
for
a
22
violation
of
a
no-contact
order
issued
under
section
664A.3
23
or
for
a
violation
of
a
protective
order
issued
pursuant
to
24
chapter
231G,
232
,
236
,
598
,
or
915
,
the
court
shall
either
25
terminate
or
modify
the
temporary
no-contact
order
issued
26
by
the
magistrate.
The
court
may
enter
a
no-contact
order
27
or
continue
the
no-contact
order
already
in
effect
for
a
28
period
of
five
years
from
the
date
the
judgment
is
entered
or
29
the
deferred
judgment
is
granted,
regardless
of
whether
the
30
defendant
is
placed
on
probation.
31
Sec.
61.
Section
664A.6,
subsection
2,
Code
2014,
is
amended
32
to
read
as
follows:
33
2.
a.
If
the
peace
officer
is
investigating
a
domestic
34
abuse
assault
pursuant
to
section
708.2A
,
the
officer
shall
35
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also
comply
with
sections
236.11
and
236.12
.
1
b.
If
the
peace
officer
is
investigating
an
elder
abuse
2
assault
pursuant
to
section
708.2D,
the
officer
shall
also
3
comply
with
sections
231G.13
and
231G.14.
4
Sec.
62.
Section
664A.7,
subsections
1,
3,
and
5,
Code
2014,
5
are
amended
to
read
as
follows:
6
1.
Violation
of
a
no-contact
order
issued
under
this
7
chapter
or
a
protective
order
issued
pursuant
to
chapter
231G,
8
232
,
236
,
or
598
,
including
a
modified
no-contact
order,
is
9
punishable
by
summary
contempt
proceedings.
10
3.
If
convicted
of
or
held
in
contempt
for
a
violation
11
of
a
no-contact
order
or
a
modified
no-contact
order
for
a
12
public
offense
referred
to
in
section
664A.2,
subsection
1
,
13
or
held
in
contempt
of
a
no-contact
order
issued
during
a
14
contempt
proceeding
brought
pursuant
to
section
231G.13
or
15
236.11
,
the
person
shall
be
confined
in
the
county
jail
for
16
a
minimum
of
seven
days.
A
jail
sentence
imposed
pursuant
17
to
this
subsection
shall
be
served
on
consecutive
days.
No
18
portion
of
the
mandatory
minimum
term
of
confinement
imposed
19
by
this
subsection
shall
be
deferred
or
suspended.
A
deferred
20
judgment,
deferred
sentence,
or
suspended
sentence
shall
not
21
be
entered
for
a
violation
of
a
no-contact
order,
modified
22
no-contact
order,
or
protective
order
and
the
court
shall
not
23
impose
a
fine
in
lieu
of
the
minimum
sentence,
although
a
fine
24
may
be
imposed
in
addition
to
the
minimum
sentence.
25
5.
Violation
of
a
no-contact
order
entered
for
the
offense
26
or
alleged
offense
of
domestic
abuse
assault
in
violation
of
27
section
708.2A
,
the
offense
or
alleged
offense
of
elder
abuse
28
assault
in
violation
of
section
708.2D,
or
a
violation
of
a
29
protective
order
issued
pursuant
to
chapter
231G,
232
,
236
,
30
598
,
or
915
constitutes
a
public
offense
and
is
punishable
as
31
a
simple
misdemeanor.
Alternatively,
the
court
may
hold
a
32
person
in
contempt
of
court
for
such
a
violation,
as
provided
33
in
subsection
3
.
34
Sec.
63.
Section
804.7,
Code
2014,
is
amended
by
adding
the
35
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following
new
subsections:
1
NEW
SUBSECTION
.
7.
If
the
peace
officer
has
reasonable
2
grounds
for
believing
that
elder
abuse,
as
defined
in
section
3
231G.1,
has
occurred
and
has
reasonable
grounds
for
believing
4
that
the
person
to
be
arrested
has
committed
it.
5
NEW
SUBSECTION
.
8.
As
required
by
section
231G.14,
6
subsection
2.
7
Sec.
64.
Section
915.22,
Code
2014,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
6.
The
clerk
of
the
district
court
shall
10
provide
notice
and
copies
of
restraining
orders
issued
pursuant
11
to
this
section
in
a
criminal
case
involving
an
alleged
12
violation
of
section
708.2D
to
the
applicable
law
enforcement
13
agencies
and
the
twenty-four-hour
dispatcher
for
the
law
14
enforcement
agencies,
in
the
manner
provided
for
protective
15
orders
under
section
231G.8.
The
clerk
shall
provide
notice
16
and
copies
of
modifications
or
vacations
of
these
orders
in
the
17
same
manner.
18
Sec.
65.
Section
915.23,
subsection
1,
Code
2014,
is
amended
19
to
read
as
follows:
20
1.
An
employer
shall
not
discharge
an
employee,
or
take
21
or
fail
to
take
action
regarding
an
employee’s
promotion
or
22
proposed
promotion,
or
take
action
to
reduce
an
employee’s
23
wages
or
benefits
for
actual
time
worked,
due
to
the
service
24
of
an
employee
as
a
witness
in
a
criminal
proceeding
or
as
a
25
plaintiff,
defendant,
or
witness
in
a
civil
proceeding
pursuant
26
to
chapter
231G
or
236
.
27
Sec.
66.
NEW
SECTION
.
915.50A
General
rights
of
elder
abuse
28
victims.
29
In
addition
to
other
victim
rights
provided
in
this
chapter,
30
victims
of
elder
abuse
shall
have
the
following
rights:
31
1.
The
right
to
file
a
pro
se
petition
for
relief
from
32
elder
abuse
in
the
district
court,
pursuant
to
sections
231G.3
33
through
231G.12.
34
2.
The
right,
pursuant
to
section
231G.14,
for
law
35
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enforcement
to
remain
on
the
scene,
to
assist
the
victim
1
in
leaving
the
scene,
to
assist
the
victim
in
obtaining
2
transportation
to
medical
care,
and
to
provide
the
person
3
with
a
written
statement
of
victim
rights
and
information
4
about
emergency
shelters,
support
services,
and
the
aging
and
5
disability
resource
center
network.
6
3.
The
right
to
receive
a
criminal
no-contact
order
upon
a
7
finding
of
probable
cause,
pursuant
to
section
664A.3.
8
Sec.
67.
Section
915.82,
subsection
1,
paragraph
a,
9
subparagraph
(8),
Code
2014,
is
amended
to
read
as
follows:
10
(8)
A
person
representing
the
elderly
older
individuals
.
11
Sec.
68.
Section
915.94,
Code
2014,
is
amended
to
read
as
12
follows:
13
915.94
Victim
compensation
fund.
14
A
victim
compensation
fund
is
established
as
a
separate
fund
15
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
16
be
administered
by
the
department
and
dedicated
to
and
used
17
for
the
purposes
of
section
915.41
and
this
subchapter
.
In
18
addition,
the
department
may
use
moneys
from
the
fund
for
the
19
purpose
of
the
department’s
prosecutor-based
victim
service
20
coordination,
including
the
duties
defined
in
sections
910.3
21
and
910.6
and
this
chapter
,
and
for
the
award
of
funds
to
22
programs
that
provide
services
and
support
to
victims
of
elder
23
abuse
as
provided
in
chapter
231G,
domestic
abuse
or
sexual
24
assault
as
provided
in
chapter
236
,
to
victims
under
section
25
710A.2
,
and
for
the
support
of
an
automated
victim
notification
26
system
established
in
section
915.10A
.
The
department
may
also
27
use
up
to
one
hundred
thousand
dollars
from
the
fund
to
provide
28
training
for
victim
service
providers.
Notwithstanding
section
29
8.33
,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
30
shall
not
revert
to
the
general
fund
of
the
state.
31
Sec.
69.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
32
revise
the
subchapter
VI
heading
under
chapter
915
to
33
read
“Victims
of
domestic
abuse,
elder
abuse,
and
human
34
trafficking”.
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
older
individuals,
including
civil
and
4
criminal
protections.
5
The
bill
establishes
provisions
relating
to
elder
abuse
6
which
is
the
abuse,
neglect,
or
financial
exploitation
of
7
an
older
individual.
“Older
individual”
is
defined
as
an
8
individual
who
is
60
years
of
age
or
older.
9
The
bill
directs
the
department
on
aging
(IDA)
to
establish
10
an
elder
abuse
resource
and
referral
program.
The
purposes
11
of
the
program
are
to
empower
older
individuals
to
maximize
12
their
autonomy;
to
recognize
the
rights
of
older
individuals
13
including
the
right
to
be
free
of
abuse,
neglect,
and
financial
14
exploitation;
to
increase
the
awareness
of
elder
abuse
and
15
provide
options
for
older
individuals
at
risk
of
elder
abuse;
16
and
to
provide
a
mechanism
to
address
prevention,
detection,
17
and
reporting
of
and
intervention
in
cases
of
abuse,
neglect,
18
and
financial
exploitation
of
older
individuals.
IDA
is
to
19
utilize
the
area
agencies
on
aging
to
implement
the
program
in
20
each
designated
planning
and
service
area
through
a
designated
21
elder
rights
specialist
and
a
local
network
of
partners
22
and
stakeholders.
The
aging
and
disability
resource
center
23
network
is
the
primary
point
of
entry
for
individuals
seeking
24
information
and
assistance
regarding
elder
abuse.
The
program
25
includes
a
public
education
component
to
increase
awareness
26
regarding
elder
abuse
and
the
services
provided
through
the
27
program
and
a
component
to
provide
for
response
to
reports
of
28
suspected
elder
abuse.
IDA
is
authorized
to
adopt
rules
to
29
administer
the
program.
30
The
bill
provides
for
the
commencement
of
actions
by
an
older
31
individual,
or
the
guardian,
conservator,
attorney
in
fact,
32
or
guardian
ad
litem
of
an
older
individual,
to
seek
relief
33
from
elder
abuse
including
the
filing
of
a
petition
for
a
34
protective
order
or
temporary
or
emergency
orders.
The
relief
35
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provided
under
the
bill
is
not
available
if
the
action
involves
1
a
guardian
or
conservator
of
the
older
individual
and
the
2
relief
sought
is
more
appropriately
obtained
in
a
protective
3
proceeding
filed
under
Code
chapter
633
(probate
code).
The
4
bill
provides
for
plaintiffs
proceeding
pro
se;
provides
5
authorization
for
assistance
by
the
county
attorney
and
the
6
appointment
of
a
guardian
ad
litem
for
the
older
individual;
7
and
provides
the
process
for
actions
under
the
bill.
Following
8
a
finding
of
elder
abuse,
the
bill
specifies
the
disposition
9
the
court
may
order,
if
requested
by
the
plaintiff;
that
the
10
defendant
under
certain
circumstances
be
required
to
move
from
11
the
residence
of
the
older
individual;
that
the
defendant
12
provide
suitable
alternative
housing
for
the
older
individual;
13
that
a
peace
officer
accompany
the
party
who
is
leaving
or
14
has
left
the
party’s
residence
to
remove
essential
personal
15
effects
of
the
party;
that
the
defendant
be
restrained
from
16
abusing,
intimidating,
molesting,
interfering
with,
or
menacing
17
the
older
individual,
or
attempting
to
abuse,
intimidate,
18
molest,
interfere
with,
or
menace
the
older
individual;
that
19
the
defendant
be
restrained
from
entering
or
attempting
to
20
enter
on
any
premises
when
it
appears
to
the
court
that
such
21
restraint
is
necessary
to
prevent
the
defendant
from
abusing,
22
intimidating,
molesting,
interfering
with,
or
menacing
the
23
older
individual;
that
the
defendant
be
restrained
from
24
exercising
any
powers
on
behalf
of
the
older
individual
through
25
a
court-appointed
guardian,
conservator,
or
guardian
ad
litem,
26
an
attorney
in
fact,
or
another
third
party;
that
the
defendant
27
be
restrained
from
owning,
possessing,
purchasing,
receiving,
28
or
attempting
to
receive
a
firearm,
offensive
weapon,
or
29
ammunition;
and
in
addition
to
other
specific
relief,
other
30
relief
that
the
court
considers
necessary
to
provide
for
the
31
safety
and
welfare
of
the
older
individual.
32
If
the
court
finds
that
the
older
individual
has
been
the
33
victim
of
financial
exploitation,
the
court
may
order
the
34
relief
the
court
considers
necessary
to
prevent
or
remedy
the
35
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financial
exploitation,
including
but
not
limited
to
directing
1
the
defendant
to
refrain
from
exercising
control
over
the
2
benefits,
property,
resources,
belongings,
or
assets
of
the
3
older
individual;
requiring
the
defendant
to
return
custody
4
or
control
of
the
benefits,
property,
resources,
belongings,
5
or
assets
to
the
older
individual;
requiring
the
defendant
6
to
follow
the
instructions
of
the
guardian,
conservator,
or
7
attorney
in
fact
of
the
older
individual;
and
prohibiting
the
8
defendant
from
transferring
the
benefits,
property,
resources,
9
belongings,
or
assets
of
the
older
individual
to
any
person
10
other
than
the
older
individual.
The
court
is
prohibited
11
from
using
an
order
to
allow
any
person
other
than
the
older
12
individual
to
assume
responsibility
for
the
benefits,
property,
13
resources,
belongings,
or
assets
of
the
older
individual;
14
or
to
provide
relief
that
is
more
appropriately
obtained
in
15
a
protective
proceeding
filed
under
Code
chapter
633.
The
16
bill
also
provides
for
relief
through
approval
of
a
consent
17
agreement
but
limits
the
content
of
such
consent
agreement.
18
An
approved
consent
agreement
cannot
contain
a
provision
19
that
prohibits
any
party
to
the
action
from
contacting
or
20
cooperating
with
any
government
agency,
a
licensing
or
21
regulatory
agency
that
has
jurisdiction
over
any
license
or
22
certification
held
by
the
defendant,
a
protection
and
advocacy
23
agency,
or
the
defendant’s
current
employer;
prohibits
any
24
party
to
the
action
from
filing
a
complaint
with
or
reporting
25
a
violation
of
law
to
any
government
agency,
a
licensing
or
26
regulatory
agency
that
has
jurisdiction
over
any
license
or
27
certification
held
by
the
defendant;
a
protection
and
advocacy
28
agency,
or
the
defendant’s
current
employer;
or
a
provision
29
that
requires
any
party
to
the
action
to
withdraw
a
complaint
30
filed
with
or
a
violation
reported
to
any
government
agency,
a
31
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
32
license
or
certification
held
by
the
defendant,
a
protection
33
and
advocacy
agency,
or
the
defendant’s
current
employer.
34
A
protective
order
or
approved
consent
agreement
is
limited
35
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to
a
fixed
period
of
time
not
to
exceed
one
year.
The
court
1
may
amend
or
extend
its
order
or
a
consent
agreement
at
any
2
time
upon
a
petition
filed
by
either
party
and
after
notice
and
3
hearing.
The
number
of
extensions
that
may
be
granted
by
the
4
court
is
not
limited.
An
order
or
approved
consent
agreement
5
under
this
Code
section
shall
not
affect
title
to
real
6
property.
A
copy
of
any
order
or
approved
consent
agreement
7
must
be
issued
to
the
plaintiff,
the
defendant,
the
county
8
sheriff
of
the
county
in
which
the
order
or
consent
decree
is
9
initially
entered,
and
the
24-hour
dispatcher
for
the
county
10
sheriff.
Any
subsequent
amendment
or
revocation
of
an
order
11
or
consent
agreement
must
be
forwarded
by
the
clerk
to
all
12
individuals
previously
notified.
The
bill
directs
that
clerk
13
to
notify
the
county
sheriff
and
the
24-hour
dispatcher
for
14
the
county
sheriff
in
writing
so
that
the
county
sheriff
and
15
the
county
sheriff’s
dispatcher
receive
written
notice
within
16
six
hours
of
filing
the
order,
approved
consent
agreement,
17
amendment,
or
revocation.
The
county
sheriff’s
dispatcher
must
18
notify
all
law
enforcement
agencies
having
jurisdiction
over
19
the
matter
and
the
24-hour
dispatcher
for
the
law
enforcement
20
agencies
upon
notification
by
the
clerk.
21
The
bill
directs
IDA
to
collect
and
maintain
information
on
22
incidents
involving
elder
abuse,
and
to
design
and
implement
23
a
uniform
method
of
collecting
data
on
elder
abuse
from
24
entities
involved
in
the
prevention,
detection,
and
reporting
25
of
and
intervention
in
cases
of
abuse,
neglect,
and
financial
26
exploitation
of
older
individuals.
IDA
is
authorized
to
27
compile
statistics
and
issue
reports
on
elder
abuse
in
Iowa,
28
provided
individual
identifying
details
of
the
elder
abuse
are
29
deleted.
IDA
may
request
the
cooperation
of
the
department
of
30
justice
in
compiling
the
statistics
and
issuing
the
reports,
31
and
the
department
of
justice
is
to
provide
to
IDA,
without
32
charge,
all
information
and
documentation
requested
for
this
33
purpose.
IDA
may
also
provide
nonidentifying
information
on
34
individual
incidents
of
elder
abuse
to
persons
conducting
bona
35
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fide
research,
including
but
not
limited
to
personnel
of
the
1
department
of
justice.
2
The
bill
provides
for
the
confidentiality
of
the
address
3
of
an
individual
filing
the
petition;
specifies
the
duties
of
4
peace
officers
and
magistrates
in
enforcing
orders
and
consent
5
agreements
entered
under
the
bill;
and
provides
for
assistance
6
provided
by
peace
officers
in
preventing
further
elder
abuse.
7
The
assistance
includes
providing
the
older
individual
with
a
8
statement
of
the
older
individual’s
rights
and
the
arrest
of
a
9
person
based
on
probable
cause
of
the
commission
of
elder
abuse
10
assault
or
financial
exploitation
of
the
older
individual.
11
Under
the
bill,
in
a
criminal
action
arising
from
elder
12
abuse,
the
prosecuting
attorney
or
court
shall
not
refer
or
13
order
the
parties
involved
to
mediation
or
other
nonjudicial
14
procedures
prior
to
judicial
resolution
of
the
action.
15
The
bill
provides
for
application
by
a
public
or
private
16
nonprofit
organization,
upon
receipt
of
federal
or
state
funds
17
designated
for
victims
of
elder
abuse,
for
grants
to
provide
18
emergency
shelter
services
and
support
services
to
victims
of
19
elder
abuse.
20
The
bill
provides
other
civil
and
criminal
relief
for
older
21
individuals.
The
bill
establishes
the
crime
of
elder
abuse
22
assault
which
is
assault
of
an
older
individual.
The
bill
23
provides
criminal
penalties
for
elder
abuse
assault
ranging
24
from
a
simple
misdemeanor
to
a
class
“D”
felony,
provides
25
for
the
determination
of
whether
a
violation
is
a
second
or
26
subsequent
offense,
and
provides
for
minimum
sentencing.
27
The
bill
establishes
the
crime
of
theft
against
an
older
28
individual
which
enhances
the
penalties
for
the
existing
crime
29
of
theft
by
one
degree
based
upon
the
victim
being
an
older
30
individual
in
addition
to
certain
other
considerations.
31
The
bill
establishes
criminal
penalties
for
elder
abuse
32
ranging
from
a
serious
misdemeanor
to
a
class
“C”
felony.
33
The
bill
establishes
the
crime
of
financial
exploitation
of
34
an
older
individual.
A
person
commits
financial
exploitation
35
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of
an
older
individual
when
the
person
stands
in
a
position
of
1
trust
or
confidence
with
the
older
individual
and
knowingly
2
and
by
undue
influence,
deception,
coercion,
fraud,
breach
of
3
fiduciary
duty,
or
extortion,
obtains
control
over
or
otherwise
4
uses
the
benefits,
property,
resources,
belongings,
or
assets
5
of
the
older
individual.
The
criminal
penalties
range
from
a
6
serious
misdemeanor
to
a
class
“B”
felony
based
on
the
amount
7
of
benefits,
property,
resources,
belongings,
or
assets
of
the
8
older
individual
involved.
9
The
bill
relocates
the
criminal
penalties
for
dependent
10
adult
abuse
as
they
currently
exist
from
Code
chapter
235B
11
(dependent
adult
abuse)
to
Code
chapter
726
which
relates
to
12
protection
of
the
family
and
dependent
persons.
13
The
bill
changes
the
existing
additional
civil
penalty
for
14
consumer
frauds
committed
against
elders
(those
65
years
of
age
15
or
older)
to
apply
to
older
individuals,
those
60
years
of
age
16
and
older,
consistent
with
other
provisions
relating
to
older
17
individuals
under
the
bill.
18
With
regard
to
the
curriculum
for
mandatory
reporters
of
19
dependent
adult
abuse,
the
bill
provides
that
the
department
20
of
public
health
is
to
review
and
approve
the
curriculum
for
21
mandatory
reporters
of
child
abuse
and
is
to
work
with
IDA
22
to
approve
a
curriculum
to
satisfy
the
combined
training
23
requirement
for
child
and
dependent
adult
abuse.
IDA
is
24
directed
to
develop
and
maintain,
in
consultation
with
25
the
department
of
human
services
and
the
department
of
26
inspections
and
appeals,
a
dependent
adult
abuse
mandatory
27
reporter
training
curriculum
for
those
persons
who
work
in
28
a
position
classification
that
under
law
makes
the
persons
29
mandatory
reporters
of
dependent
adult
abuse
and
the
position
30
classification
does
not
have
a
mandatory
reporter
training
31
curriculum
approved
by
a
licensing
or
examining
board.
IDA
32
must
collaborate
with
the
department
of
human
services
and
33
the
department
of
public
health
in
approving
a
curriculum
34
to
satisfy
the
combined
training
requirements
for
child
and
35
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dependent
adult
abuse.
The
bill
also
directs
IDA
to
certify
1
trainers
to
provide
the
dependent
adult
abuse
mandatory
2
reporter
training
curriculum
developed
and
maintained
by
the
3
department.
4
The
bill
provides
that
the
office
of
the
attorney
general,
5
instead
of
the
attorney
for
the
department
of
human
services
6
responsible
for
representing
the
department,
is
to
have
access
7
to
unfounded
and
founded
dependent
adult
abuse
information.
8
The
bill
amends
provisions
relating
to
the
current
public
9
information
and
education
program
administered
by
IDA
in
10
cooperation
with
the
department
of
human
services
to
encompass
11
elder
abuse
and
dependent
adult
abuse.
12
The
bill
makes
conforming
changes
throughout
the
Code
13
including
those
that
mirror
provisions
relating
to
other
types
14
of
protective
orders,
such
as
those
provided
under
Code
chapter
15
236
(domestic
abuse).
16
Code
section
13.2:
adds
as
a
duty
of
the
attorney
general
17
to
develop
written
procedures
and
policies
to
be
followed
by
18
prosecuting
attorneys
in
the
prosecution
of
elder
abuse,
elder
19
abuse
assault,
theft
against
an
older
individual,
consumer
20
frauds
committed
against
an
older
individual,
and
financial
21
exploitation
of
an
older
individual.
22
Code
section
13.31:
adds
as
part
of
the
victim
assistance
23
program
established
by
the
department
of
justice,
the
24
administration
of
elder
abuse
actions
commenced
under
new
Code
25
chapter
231G.
26
Code
section
135B.7:
adds
as
a
duty
for
the
department
of
27
inspections
and
appeals
in
its
licensure
and
regulation
of
28
hospitals
to
adopt
rules
requiring
hospitals
to
establish
and
29
implement
protocols
for
responding
to
the
needs
of
patients
who
30
are
victims
of
elder
abuse.
31
Code
section
231.23:
adds
to
the
duties
of
IDA
to
32
collaborate
with
the
DPH
to
develop
protocols,
functions,
33
timing,
roles,
and
responsibilities
relating
to
the
suspicious
34
deaths
of
older
individuals
review
team.
35
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Code
section
231.64:
adds
to
the
responsibilities
of
the
1
aging
and
disability
resources
centers
to
be
the
primary
point
2
of
entry
for
the
elder
abuse
resource
and
referral
program
3
created
in
the
bill.
4
Code
section
232.8:
adds
to
the
jurisdiction
of
the
juvenile
5
court,
jurisdiction
in
proceedings
commenced
against
a
child
6
relating
to
relief
sought
against
elder
abuse
under
new
Code
7
chapter
231G.
8
Code
section
232.22:
relates
to
placement
of
a
juvenile
9
in
detention
when
there
is
probable
cause
to
believe
that
the
10
child
has
committed
a
delinquent
act
which
would
be
elder
abuse
11
or
an
elder
abuse
assault
if
committed
by
an
adult.
12
Code
section
232.52:
adds
to
provisions
relating
to
the
13
disposition
of
a
child
found
to
have
committed
a
delinquent
14
act,
to
attend
a
batterers’
treatment
program
if
the
child
15
committed
an
act
which
would
be
elder
abuse
or
elder
abuse
16
assault
if
committed
by
an
adult.
17
Code
section
331.424:
authorizes
a
county
supplemental
levy
18
to
add
to
those
costs
of
the
maintenance
and
operation
of
the
19
courts,
court-ordered
costs
in
elder
abuse.
20
Code
section
507B.4:
adds
as
an
unfair
method
of
competition
21
and
unfair
or
deceptive
act
or
practice
in
the
business
of
22
insurance,
in
addition
to
practices
relating
to
domestic
abuse,
23
the
making
or
permitting
of
any
discrimination
in
the
sale
of
24
insurance
solely
on
the
basis
of
elder
abuse.
25
Code
section
562A.27A:
provides
under
the
landlord
tenant
26
law
that
if
activities
that
present
a
clear
and
present
danger
27
are
being
conducted
by
a
person
on
the
premises
other
than
a
28
tenant,
the
tenant
is
not
subject
to
termination
and
notice
to
29
quit
if
the
tenant
seeks
a
protective
order,
restraining
order,
30
order
to
vacate
the
homestead,
or
other
similar
relief
pursuant
31
to
Code
chapter
231G
or
any
other
applicable
provision
which
32
would
apply
to
the
person
conducting
the
activities
causing
the
33
clear
and
present
danger.
34
Code
section
562B.25A:
provides
under
landlord
and
tenant
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provisions
relating
to
manufactured
home
communities
or
mobile
1
home
parks
that
if
activities
that
present
a
clear
and
present
2
danger
are
being
conducted
by
a
person
on
the
premises
other
3
than
a
tenant,
the
tenant
is
not
subject
to
termination
4
and
notice
to
quit
if
the
tenant
seeks
a
protective
order,
5
restraining
order,
order
to
vacate
the
homestead,
or
other
6
similar
relief
pursuant
to
Code
chapter
231G
or
any
other
7
applicable
provision
which
would
apply
to
the
person
conducting
8
the
activities
causing
the
clear
and
present
danger.
9
Code
section
598.7:
provides
that
mediation
requirements
10
relating
to
a
dissolution
of
marriage
do
not
apply
if
the
11
action
involves
elder
abuse.
12
Code
section
598.16:
provides
for
the
waiver
from
13
requirements
for
conciliation
in
dissolution
actions
if
a
14
history
of
elder
abuse
exists
and
provides
for
a
determination
15
of
the
existence
of
elder
abuse.
16
Code
section
598.41:
provides
that
in
determining
custody
17
arrangements
for
children,
the
court
may
consider
whether
a
18
history
of
elder
abuse
exists
and
provides
for
a
determination
19
of
the
existence
of
elder
abuse.
20
Code
section
598.41D:
provides
in
the
determination
of
the
21
best
interest
of
a
child
in
the
assignment
of
visitation
or
22
physical
care
parenting
time
to
a
specified
family
member
of
23
a
parent
serving
active
duty
that
the
court
ensure
that
the
24
specified
family
member
not
have
a
history
of
elder
abuse.
25
Code
section
598.42:
provides
that
under
the
dissolution
26
Code
chapter,
the
clerk
of
the
district
court
shall
provide
27
notice
and
copies
of
temporary
or
permanent
protective
orders
28
and
orders
to
vacate
the
homestead
entered
pursuant
to
Code
29
chapter
598
to
the
applicable
law
enforcement
agencies
and
30
the
24-hour
dispatcher
for
the
law
enforcement
agencies,
in
31
the
manner
provided
for
protective
orders
under
Code
section
32
231G.8.
33
Code
section
602.6306:
provides
that
district
associate
34
judges
also
have
jurisdiction
to
enter
a
temporary
or
emergency
35
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order
of
protection
under
Code
chapter
231G.
1
Code
section
611.23:
provides
that
in
a
civil
case
in
2
which
a
plaintiff
is
seeking
relief
or
damages
for
alleged
3
elder
abuse,
the
plaintiff
may
seek,
and
the
court
may
grant,
4
an
order
requiring
the
defendant
to
receive
professional
5
counseling,
in
addition
to
any
other
appropriate
relief
or
6
damages.
7
Code
section
664A.1:
includes
in
the
definition
of
8
“protective
orders”
under
the
Code
chapter
relating
to
9
no-contact
and
enforcement
of
protective
orders,
a
court
order
10
or
court-approved
consent
agreement
entered
pursuant
to
Code
11
chapter
231G,
including
a
valid
foreign
protective
order
and
a
12
protective
order
or
sentencing
order
in
a
criminal
prosecution
13
arising
from
elder
abuse
assault.
14
Code
section
664A.2:
provides
that
the
Code
chapter
is
15
applicable
to
no-contact
orders
issued
for
violations
or
16
alleged
violations
related
to
elder
abuse
assault
and
to
17
protective
orders
issued
in
civil
proceedings
issued
under
Code
18
chapter
231G.
19
Code
section
664A.3:
provides
for
actions
by
a
magistrate
20
when
a
person
is
taken
into
custody
for
contempt
proceedings
21
relating
to
enforcement
of
an
order
relating
to
elder
abuse.
22
Code
section
664A.4:
provides
for
provision
by
the
clerk
of
23
the
district
court
of
a
notice
and
copy
of
the
no-contact
order
24
to
the
appropriate
law
enforcement
agencies
and
the
24-hour
25
dispatcher
for
the
law
enforcement
agencies
in
the
same
manner
26
as
provided
in
Code
section
231G.8
relating
to
orders
relating
27
to
elder
abuse.
28
Code
section
664A.5:
provides
that
modification
and
entry
29
of
permanent
no-contact
orders
provisions
apply
to
violations
30
of
protective
orders
issued
regarding
elder
abuse
under
Code
31
chapter
231G.
32
Code
section
664A.6:
provides
for
the
mandatory
arrest
for
33
violation
of
a
no-contact
order
relating
to
elder
abuse
or
34
elder
abuse
assault
and
provides
civil
and
criminal
immunity
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for
a
peace
officer
acting
in
good
faith
and
on
reasonable
1
grounds
if
the
officer’s
acts
do
not
constitute
a
willful
or
2
wanton
disregard
for
the
rights
or
safety
of
others.
3
Code
section
664A.7:
provides
that
violation
of
a
4
no-contact
order
or
a
protective
order
issued
under
Code
5
chapter
231G
is
punishable
by
summary
contempt
proceedings
6
punishable
by
confinement
in
the
county
jail
or
simple
7
misdemeanor
penalties.
8
Code
section
804.7:
allows
for
arrests
by
peace
officers
9
if
the
peace
officer
has
reasonable
grounds
for
believing
10
that
elder
abuse
has
occurred
and
has
reasonable
grounds
for
11
believing
that
the
person
to
be
arrested
has
committed
it;
or
12
if
required
to
arrest
a
person
based
on
probable
cause
that
13
elder
abuse
assault
has
been
committed.
14
Code
section
915.22:
provides
under
Code
chapter
915
15
(victim
rights)
that
the
clerk
of
the
district
court
shall
16
provide
notice
and
copies
of
restraining
orders
in
a
criminal
17
case
involving
alleged
elder
abuse
assault
to
the
applicable
18
law
enforcement
agencies
and
the
24-hour
dispatcher
for
the
law
19
enforcement
agencies,
in
the
manner
provided
for
protective
20
orders
under
Code
section
231G.8.
The
clerk
shall
provide
21
notice
and
copies
of
modifications
or
vacations
of
these
orders
22
in
the
same
manner.
23
Code
section
915.23:
prohibits
an
employer
from
discharging
24
an
employee,
or
from
taking
or
failing
to
take
action
regarding
25
an
employee’s
promotion
or
proposed
promotion,
or
taking
action
26
to
reduce
an
employee’s
wages
or
benefits
for
actual
time
27
worked,
due
to
the
service
of
an
employee
as
a
witness
in
a
28
criminal
proceeding
or
as
a
plaintiff,
defendant,
or
witness
in
29
a
civil
proceeding
pursuant
to
Code
chapter
231G.
30
Code
section
915.50A:
provides
for
specific
rights
for
31
victims
of
elder
abuse
in
addition
to
the
victim
rights
32
provided
under
Code
chapter
915
including
the
right
to
file
a
33
pro
se
petition
for
relief
from
elder
abuse
in
the
district
34
court;
the
right
for
law
enforcement
to
remain
on
the
scene,
to
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assist
the
victim
in
leaving
the
scene,
to
assist
the
victim
1
in
obtaining
transportation
to
medical
care,
and
to
provide
2
the
person
with
a
written
statement
of
victim
rights
and
3
information
about
emergency
shelters,
support
services,
and
4
right
aging
and
disability
resource
center
network;
and
the
5
right
to
receive
a
criminal
no-contact
order
upon
a
finding
of
6
probable
cause.
7
Code
section
915.82:
includes
on
the
crime
victim
8
assistance
board,
a
person
representing
older
individuals
9
rather
than
the
elderly.
10
Code
section
915.94:
provides
that
moneys
in
the
victim
11
compensation
fund
may
be
used
for
awards
to
programs
that
12
provide
services
and
support
to
victims
of
elder
abuse.
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