Bill Text: IA SF153 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the exploitation of a dependent adult by a caretaker. (Formerly SSB 1015.)

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-04-10 - Withdrawn. S.J. 918. [SF153 Detail]

Download: Iowa-2019-SF153-Introduced.html
Senate File 153 - Introduced SENATE FILE 153 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1015) A BILL FOR An Act relating to the exploitation of a dependent adult by a 1 caretaker. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1352SV (1) 88 hb/rh
S.F. 153 Section 1. Section 235B.2, subsection 5, paragraph a, 1 subparagraph (1), subparagraph division (c), Code 2019, is 2 amended to read as follows: 3 (c) Exploitation of a dependent adult which means the act 4 or process of taking unfair advantage of a dependent adult 5 or the adult’s physical or financial resources for one’s own 6 personal or pecuniary profit , without the informed consent 7 of the dependent adult, including theft, by the use of undue 8 influence, harassment, duress, deception, false representation, 9 or false pretenses. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the exploitation of a dependent adult 14 by a caretaker. 15 Under current law, dependent adult abuse includes the 16 exploitation of a dependent adult as a result of the willful or 17 negligent acts or omissions of a caretaker when the caretaker 18 takes unfair advantage of the dependent adult’s physical 19 or financial resources for the caretaker’s own personal 20 or pecuniary profit without the dependent adult’s consent 21 by undue influence, harassment, duress, deception, false 22 representation, or false pretenses. “Caretaker” is defined 23 as a related or nonrelated person who has the responsibility 24 for the protection, care, or custody of a dependent adult as a 25 result of assuming the responsibility voluntarily, by contract, 26 through employment, or by order of the court. 27 The bill eliminates the requirement that a caretaker taking 28 unfair advantage of a dependent adult’s physical or financial 29 resources must do so for the caretaker’s own personal or 30 pecuniary profit. 31 -1- LSB 1352SV (1) 88 hb/rh 1/ 1
feedback