Bill Text: IA SF2239 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act relating to elder abuse and providing penalties. (Formerly SF 2117.) Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-05-02 - Signed by Governor. S.J. 929. [SF2239 Detail]
Download: Iowa-2013-SF2239-Enrolled.html
Senate
File
2239
AN
ACT
RELATING
TO
ELDER
ABUSE
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ELDER
ABUSE
RELIEF
Section
1.
NEW
SECTION
.
235F.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Attorney
in
fact”
means
an
agent
under
a
power
of
attorney
pursuant
to
chapter
633B
or
an
attorney
in
fact
under
a
durable
power
of
attorney
for
health
care
pursuant
to
chapter
144B.
2.
“Caretaker”
means
a
related
or
nonrelated
person
who
has
the
responsibility
for
the
protection,
care,
or
custody
of
a
vulnerable
elder
as
a
result
of
assuming
the
responsibility
voluntarily,
by
contract,
through
employment,
or
by
order
of
the
court.
“Caretaker”
does
not
include
a
caretaker
as
defined
in
section
235E.1.
3.
“Coercion”
means
communication
or
conduct
which
unduly
compels
a
vulnerable
elder
to
act
or
refrain
from
acting
against
the
vulnerable
elder’s
will
and
against
the
vulnerable
elder’s
best
interests.
4.
“Conservator”
means
the
same
as
defined
in
section
633.3.
5.
a.
“Elder
abuse”
means
any
of
the
following:
(1)
Physical
injury
to,
or
injury
which
is
at
a
variance
with
the
history
given
of
the
injury,
or
unreasonable
confinement,
unreasonable
punishment,
or
assault
of
a
vulnerable
elder
by
a
person
not
otherwise
governed
by
chapter
235E.
(2)
The
commission
of
a
sexual
offense
under
chapter
709
or
Senate
File
2239,
p.
2
section
726.2
with
or
against
a
vulnerable
elder.
(3)
Neglect
which
is
the
deprivation
of
the
minimum
food,
shelter,
clothing,
supervision,
or
physical
or
mental
health
care,
or
other
care
necessary
to
maintain
a
vulnerable
elder’s
life
or
health
by
a
caretaker.
(4)
Financial
exploitation.
b.
“Elder
abuse”
does
not
include
any
of
the
following:
(1)
Circumstances
in
which
the
vulnerable
elder
declines
medical
treatment
if
the
vulnerable
elder
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(2)
Circumstances
in
which
the
vulnerable
elder’s
caretaker,
acting
in
accordance
with
the
vulnerable
elder’s
stated
or
implied
consent,
declines
medical
treatment
if
the
vulnerable
elder
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(3)
The
withholding
or
withdrawing
of
health
care
from
a
vulnerable
elder
who
is
terminally
ill
in
the
opinion
of
a
licensed
physician,
when
the
withholding
or
withdrawing
of
health
care
is
done
at
the
request
of
the
vulnerable
elder
or
at
the
request
of
the
vulnerable
elder’s
next
of
kin,
attorney
in
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
chapter
125,
144A,
144B,
222,
229,
or
633.
(4)
Good
faith
assistance
by
a
family
or
household
member
or
other
person
in
managing
the
financial
affairs
of
a
vulnerable
elder
at
the
request
of
the
vulnerable
elder
or
at
the
request
of
a
family
member,
guardian,
or
conservator
of
the
vulnerable
elder.
6.
“Family
or
household
member”
means
a
spouse,
a
person
cohabiting
with
the
vulnerable
elder,
a
parent,
or
a
person
related
to
the
vulnerable
elder
by
consanguinity
or
affinity,
but
does
not
include
children
of
the
vulnerable
elder
who
are
less
than
eighteen
years
of
age.
7.
“Fiduciary”
means
a
person
or
entity
with
the
legal
responsibility
to
make
decisions
on
behalf
of
and
for
the
benefit
of
a
vulnerable
elder
and
to
act
in
good
faith
and
with
fairness.
“Fiduciary”
includes
but
is
not
limited
to
an
attorney
in
fact,
a
guardian,
or
a
conservator.
8.
“Financial
exploitation”
relative
to
a
vulnerable
elder
means
when
a
person
stands
in
a
position
of
trust
or
confidence
with
the
vulnerable
elder
and
knowingly
and
by
undue
influence,
Senate
File
2239,
p.
3
deception,
coercion,
fraud,
or
extortion,
obtains
control
over
or
otherwise
uses
or
diverts
the
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder.
9.
“Guardian”
means
the
same
as
defined
in
section
633.3.
10.
“Peace
officer”
means
the
same
as
defined
in
section
801.4.
11.
“Plaintiff”
means
a
vulnerable
elder
who
files
a
petition
under
this
chapter
and
includes
a
substitute
petitioner
who
files
a
petition
on
behalf
of
a
vulnerable
elder
under
this
chapter.
12.
“Present
danger
of
elder
abuse”
means
a
situation
in
which
the
defendant
has
recently
threatened
the
vulnerable
elder
with
initial
or
additional
elder
abuse,
or
the
potential
for
misappropriation,
misuse,
or
removal
of
the
funds,
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder
combined
with
reasonable
grounds
to
believe
that
elder
abuse
is
likely
to
occur.
13.
“Pro
se”
means
a
person
proceeding
on
the
person’s
own
behalf
without
legal
representation.
14.
“Stands
in
a
position
of
trust
or
confidence”
means
the
person
has
any
of
the
following
relationships
relative
to
the
vulnerable
elder:
a.
Is
a
parent,
spouse,
adult
child,
or
other
relative
by
consanguinity
or
affinity
of
the
vulnerable
elder.
b.
Is
a
caretaker
for
the
vulnerable
elder.
c.
Is
a
person
who
is
in
a
confidential
relationship
with
the
vulnerable
elder.
For
the
purposes
of
this
paragraph
“c”
,
a
confidential
relationship
does
not
include
a
legal,
fiduciary,
or
ordinary
commercial
or
transactional
relationship
the
vulnerable
elder
may
have
with
a
bank
incorporated
under
the
provisions
of
any
state
or
federal
law,
any
savings
and
loan
association
or
savings
bank
incorporated
under
the
provisions
of
any
state
or
federal
law,
any
credit
union
organized
under
the
provisions
of
any
state
or
federal
law,
any
attorney
licensed
to
practice
law
in
this
state,
or
any
agent,
agency,
or
company
regulated
under
chapter
505,
508,
515,
or
543B.
15.
“Substitute
petitioner”
means
a
family
or
household
member,
guardian,
conservator,
attorney
in
fact,
or
guardian
ad
litem
for
a
vulnerable
elder,
or
other
interested
person
who
files
a
petition
under
this
chapter.
16.
“Undue
influence”
means
taking
advantage
of
a
person’s
role,
relationship,
or
authority
to
improperly
change
or
obtain
control
over
the
actions
or
decision
making
of
a
vulnerable
Senate
File
2239,
p.
4
elder
against
the
vulnerable
elder’s
best
interests.
17.
“Vulnerable
elder”
means
a
person
sixty
years
of
age
or
older
who
is
unable
to
protect
himself
or
herself
from
elder
abuse
as
a
result
of
age
or
a
mental
or
physical
condition.
Sec.
2.
NEW
SECTION
.
235F.2
Commencement
of
actions
——
waiver
to
juvenile
court.
1.
A
vulnerable
elder
or
a
substitute
petitioner
may
seek
relief
from
elder
abuse
by
filing
a
verified
petition
in
the
district
court.
Venue
shall
lie
where
either
party
resides.
The
petition
shall
state
all
of
the
following:
a.
The
name
of
the
vulnerable
elder
and
the
name
and
address
of
the
vulnerable
elder’s
attorney,
if
any.
If
the
vulnerable
elder
is
proceeding
pro
se,
the
petition
shall
state
a
mailing
address
for
the
vulnerable
elder.
b.
The
name
of
the
substitute
petitioner
if
the
petition
is
being
filed
on
behalf
of
a
vulnerable
elder,
and
the
name
and
address
of
the
attorney
of
the
substitute
petitioner.
If
the
substitute
petitioner
is
proceeding
pro
se,
the
petition
shall
state
a
mailing
address
for
the
substitute
petitioner.
c.
The
name
and
address,
if
known,
of
the
defendant.
d.
The
relationship
of
the
vulnerable
elder
to
the
defendant.
e.
The
nature
of
the
alleged
elder
abuse.
f.
The
name
and
age
of
any
other
individual
whose
welfare
may
be
affected.
g.
The
desired
relief,
including
a
request
for
temporary
or
emergency
orders.
2.
A
temporary
or
emergency
order
may
be
based
on
a
showing
of
a
prima
facie
case
of
elder
abuse.
If
the
factual
basis
for
the
alleged
elder
abuse
is
contested,
the
court
shall
issue
a
protective
order
based
upon
a
finding
of
elder
abuse
by
a
preponderance
of
the
evidence.
3.
a.
The
filing
fee
and
court
costs
for
an
order
for
protection
and
in
a
contempt
action
resulting
from
an
order
granted
under
this
chapter
or
chapter
664A
shall
be
waived
for
the
plaintiff.
b.
The
clerk
of
court,
the
sheriff
of
any
county
in
this
state,
and
other
law
enforcement
and
corrections
officers
shall
perform
their
duties
relating
to
service
of
process
without
charge
to
the
plaintiff.
c.
When
a
permanent
order
for
protection
is
entered
by
the
court,
the
court
may
direct
the
defendant
to
pay
to
the
clerk
of
court
the
fees
for
the
filing
of
the
petition
and
Senate
File
2239,
p.
5
reasonable
costs
of
service
of
process
if
the
court
determines
the
defendant
has
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
d.
In
lieu
of
personal
service
of
an
order
for
protection
issued
pursuant
to
this
section,
the
sheriff
of
any
county
in
the
state,
and
any
other
law
enforcement
and
corrections
officers
may
serve
a
defendant
with
a
short-form
notification
pursuant
to
section
664A.4A.
4.
If
the
person
against
whom
relief
from
elder
abuse
is
being
sought
is
seventeen
years
of
age
or
younger,
the
district
court
shall
waive
its
jurisdiction
over
the
action
to
the
juvenile
court.
5.
If
a
substitute
petitioner
files
a
petition
under
this
section
on
behalf
of
a
vulnerable
elder,
the
vulnerable
elder
shall
retain
the
right
to
all
of
the
following:
a.
To
contact
and
retain
counsel.
b.
To
have
access
to
personal
records.
c.
To
file
objections
to
the
protective
order.
d.
To
request
a
hearing
on
the
petition.
e.
To
present
evidence
and
cross-examine
witnesses
at
the
hearing.
Sec.
3.
NEW
SECTION
.
235F.3
Plaintiffs
proceeding
pro
se
——
provision
of
forms
and
assistance.
1.
By
July
1,
2015,
the
judicial
branch
shall
prescribe
standard
forms
to
be
used
by
vulnerable
elders
or
substitute
petitioners
seeking
protective
orders
by
proceeding
pro
se
in
actions
under
this
chapter.
Beginning
July
1,
2015,
the
standard
forms
prescribed
by
the
judicial
branch
shall
be
the
exclusive
forms
used
by
plaintiffs
proceeding
pro
se
under
this
chapter.
The
judicial
branch
shall
distribute
the
forms
to
the
clerks
of
the
district
courts.
2.
The
clerk
of
the
district
court
shall
furnish
the
required
forms
to
persons
seeking
protective
orders
through
pro
se
proceedings
pursuant
to
this
chapter.
Sec.
4.
NEW
SECTION
.
235F.4
Appointment
of
guardian
ad
litem.
The
court
may
on
its
own
motion
or
on
the
motion
of
a
party
appoint
a
guardian
ad
litem
for
a
vulnerable
elder
if
justice
requires.
The
vulnerable
elder’s
attorney
shall
not
also
serve
as
the
guardian
ad
litem.
Sec.
5.
NEW
SECTION
.
235F.5
Hearings
——
temporary
orders.
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
commencing
a
proceeding
and
upon
notice
to
the
other
party,
a
Senate
File
2239,
p.
6
hearing
shall
be
held
at
which
the
plaintiff
must
prove
the
allegation
of
elder
abuse
by
a
preponderance
of
the
evidence.
2.
The
court
may
enter
any
temporary
order
it
deems
necessary
to
protect
the
vulnerable
elder
from
elder
abuse
prior
to
the
hearing,
upon
good
cause
shown
in
an
ex
parte
proceeding.
Present
danger
of
elder
abuse
constitutes
good
cause
for
purposes
of
this
subsection.
3.
If
a
hearing
is
continued,
the
court
may
make
or
extend
any
temporary
order
under
subsection
2
that
it
deems
necessary.
4.
Upon
application
of
a
party,
the
court
shall
issue
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
production
of
papers.
5.
The
court
shall
advise
the
defendant
of
a
right
to
be
represented
by
counsel
of
the
defendant’s
choosing
and
to
have
a
continuance
to
secure
counsel.
6.
The
showing
required
under
subsection
1
may
be
made
by,
but
is
not
limited
to
the
testimony
at
the
hearing
of,
any
of
the
following:
a.
The
vulnerable
elder.
b.
The
guardian,
conservator,
attorney
in
fact,
or
guardian
ad
litem
of
the
vulnerable
elder.
c.
Witnesses
to
the
elder
abuse.
d.
Adult
protective
services
workers
who
have
conducted
an
investigation.
7.
The
court
shall
exercise
its
discretion
in
a
manner
that
protects
the
vulnerable
elder
from
traumatic
confrontation
with
the
defendant.
8.
Hearings
shall
be
recorded.
Sec.
6.
NEW
SECTION
.
235F.6
Disposition.
1.
Upon
a
finding
that
the
defendant
has
engaged
in
elder
abuse,
the
court
may,
if
requested
by
the
plaintiff,
order
any
of
the
following:
a.
That
the
defendant
be
required
to
move
from
the
residence
of
the
vulnerable
elder
if
both
the
vulnerable
elder
and
the
defendant
are
titleholders
or
contract
holders
of
record
of
the
real
property,
are
named
as
tenants
in
the
rental
agreement
concerning
the
use
and
occupancy
of
the
dwelling
unit,
are
living
in
the
same
residence,
or
are
married
to
each
other.
b.
That
the
defendant
provide
suitable
alternative
housing
for
the
vulnerable
elder.
c.
That
a
peace
officer
accompany
the
party
who
is
leaving
or
has
left
the
party’s
residence
to
remove
essential
personal
effects
of
the
party.
Senate
File
2239,
p.
7
d.
That
the
defendant
be
restrained
from
abusing,
harassing,
intimidating,
molesting,
interfering
with,
or
menacing
the
vulnerable
elder,
or
attempting
to
abuse,
harass,
intimidate,
molest,
interfere
with,
or
menace
the
vulnerable
elder.
e.
That
the
defendant
be
restrained
from
entering
or
attempting
to
enter
on
any
premises
when
it
appears
to
the
court
that
such
restraint
is
necessary
to
prevent
the
defendant
from
abusing,
harassing,
intimidating,
molesting,
interfering
with,
or
menacing
the
vulnerable
elder.
f.
That
the
defendant
be
restrained
from
exercising
any
powers
on
behalf
of
the
vulnerable
elder
through
a
court-appointed
guardian,
conservator,
or
guardian
ad
litem,
an
attorney
in
fact,
or
another
third
party.
g.
In
addition
to
the
relief
provided
in
subsection
2,
other
relief
that
the
court
considers
necessary
to
provide
for
the
safety
and
welfare
of
the
vulnerable
elder.
2.
If
the
court
finds
that
the
vulnerable
elder
has
been
the
victim
of
financial
exploitation,
the
court
may
order
the
relief
the
court
considers
necessary
to
prevent
or
remedy
the
financial
exploitation,
including
but
not
limited
to
any
of
the
following:
a.
Directing
the
defendant
to
refrain
from
exercising
control
over
the
funds,
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder.
b.
Requiring
the
defendant
to
return
custody
or
control
of
the
funds,
benefits,
property,
resources,
belongings,
or
assets
to
the
vulnerable
elder.
c.
Requiring
the
defendant
to
follow
the
instructions
of
the
guardian,
conservator,
or
attorney
in
fact
of
the
vulnerable
elder.
d.
Prohibiting
the
defendant
from
transferring
the
funds,
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder
to
any
person
other
than
the
vulnerable
elder.
3.
The
court
shall
not
use
an
order
issued
under
this
section
to
do
any
of
the
following:
a.
To
allow
any
person
other
than
the
vulnerable
elder
to
assume
responsibility
for
the
funds,
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder.
b.
For
relief
that
is
more
appropriately
obtained
in
a
protective
proceeding
filed
under
chapter
633
including
but
not
limited
to
giving
control
and
management
of
the
funds,
benefits,
property,
resources,
belongings,
or
assets
of
the
vulnerable
elder
to
a
guardian,
conservator,
or
attorney
in
Senate
File
2239,
p.
8
fact
for
any
purpose
other
than
the
relief
granted
under
subsection
2.
4.
The
court
may
approve
a
consent
agreement
between
the
parties
entered
to
bring
about
the
cessation
of
elder
abuse.
A
consent
agreement
approved
under
this
section
shall
not
contain
any
of
the
following:
a.
A
provision
that
prohibits
any
party
to
the
action
from
contacting
or
cooperating
with
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2;
or
the
defendant’s
current
employer
if
the
defendant’s
professional
responsibilities
include
contact
with
vulnerable
elders,
dependent
adults,
or
minors,
if
the
party
contacting
or
cooperating
has
a
good-faith
belief
that
the
information
is
relevant
to
the
duties
or
responsibilities
of
the
entity.
b.
A
provision
that
prohibits
any
party
to
the
action
from
filing
a
complaint
with
or
reporting
a
violation
of
law
to
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2;
or
the
defendant’s
current
employer.
c.
A
provision
that
requires
any
party
to
the
action
to
withdraw
a
complaint
filed
with
or
a
violation
reported
to
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2;
or
the
defendant’s
current
employer.
5.
A
protective
order
or
approved
consent
agreement
shall
be
for
a
fixed
period
of
time
not
to
exceed
one
year.
The
court
may
amend
or
extend
its
order
or
a
consent
agreement
at
any
Senate
File
2239,
p.
9
time
upon
a
petition
filed
by
either
party
and
after
notice
and
hearing.
The
court
may
extend
the
order
if
the
court,
after
hearing
at
which
the
defendant
has
the
opportunity
to
be
heard,
finds
that
the
defendant
continues
to
pose
a
threat
to
the
safety
of
the
vulnerable
elder,
persons
residing
with
the
vulnerable
elder,
or
members
of
the
vulnerable
elder’s
immediate
family,
or
continues
to
present
a
risk
of
financial
exploitation
of
the
vulnerable
elder.
The
number
of
extensions
that
may
be
granted
by
the
court
is
not
limited.
6.
The
order
shall
state
whether
a
person
is
to
be
taken
into
custody
by
a
peace
officer
for
a
violation
of
the
terms
stated
in
the
order.
7.
The
court
may
order
that
the
defendant
pay
the
attorney
fees
and
court
costs
of
the
vulnerable
elder
or
substitute
petitioner.
8.
An
order
or
approved
consent
agreement
under
this
section
shall
not
affect
title
to
real
property.
9.
A
copy
of
any
order
or
approved
consent
agreement
shall
be
issued
to
the
plaintiff,
the
defendant,
the
county
sheriff
of
the
county
in
which
the
order
or
consent
decree
is
initially
entered,
and
the
twenty-four-hour
dispatcher
for
the
county
sheriff.
Any
subsequent
amendment
or
revocation
of
an
order
or
consent
agreement
shall
be
forwarded
by
the
clerk
to
all
individuals
previously
notified.
10.
The
clerk
shall
notify
the
county
sheriff
and
the
twenty-four-hour
dispatcher
for
the
county
sheriff
in
writing
so
that
the
county
sheriff
and
the
county
sheriff’s
dispatcher
receive
written
notice
within
six
hours
of
filing
the
order,
approved
consent
agreement,
amendment,
or
revocation.
The
clerk
may
fulfill
this
requirement
by
sending
the
notice
by
facsimile
or
other
electronic
transmission
which
reproduces
the
notice
in
writing
within
six
hours
of
filing
the
order.
11.
The
county
sheriff’s
dispatcher
shall
notify
all
law
enforcement
agencies
having
jurisdiction
over
the
matter
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
agencies
upon
notification
by
the
clerk.
Sec.
7.
NEW
SECTION
.
235F.7
Emergency
orders.
1.
When
the
court
is
unavailable
from
the
close
of
business
at
the
end
of
the
day
or
week
to
the
resumption
of
business
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
before
a
district
judge,
or
district
associate
judge
designated
by
the
chief
judge
of
the
judicial
district,
who
may
grant
emergency
relief
in
accordance
with
section
235F.6,
subsection
Senate
File
2239,
p.
10
1
or
2,
if
the
district
judge
or
district
associate
judge
deems
it
necessary
to
protect
the
vulnerable
elder
from
elder
abuse,
upon
good
cause
shown
in
an
ex
parte
proceeding.
Present
danger
of
elder
abuse
constitutes
good
cause
for
purposes
of
this
subsection.
2.
An
emergency
order
issued
under
subsection
1
shall
expire
seventy-two
hours
after
issuance.
When
the
order
expires,
the
plaintiff
may
seek
a
temporary
order
from
the
court
pursuant
to
section
235F.5.
3.
A
petition
filed
and
emergency
order
issued
under
this
section
and
any
documentation
in
support
of
the
petition
and
order
shall
be
immediately
certified
to
the
court.
The
certification
shall
commence
a
proceeding
for
purposes
of
section
235F.2.
Sec.
8.
NEW
SECTION
.
235F.8
Procedure.
1.
A
proceeding
under
this
chapter
shall
be
held
in
accordance
with
the
rules
of
civil
procedure,
except
as
otherwise
set
forth
in
this
chapter
and
in
chapter
664A,
and
is
in
addition
to
any
other
civil
or
criminal
remedy.
2.
The
plaintiff’s
right
to
relief
under
this
chapter
is
not
affected
by
leaving
the
vulnerable
elder’s
home
to
avoid
elder
abuse.
DIVISION
II
ADDITIONAL
PROVISIONS
AND
CONFORMING
AMENDMENTS
Sec.
9.
Section
13.2,
subsection
1,
Code
2014,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
o.
Develop
written
procedures
and
policies
to
be
followed
by
prosecuting
attorneys
in
the
prosecution
of
elder
abuse
of
a
vulnerable
elder
under
chapter
235F.
Sec.
10.
Section
135B.7,
Code
2014,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
department
shall
also
adopt
rules
requiring
hospitals
to
establish
and
implement
protocols
for
responding
to
the
needs
of
patients
who
are
victims
of
elder
abuse,
as
defined
in
section
235F.1.
Sec.
11.
Section
235B.6,
subsection
2,
paragraph
e,
subparagraph
(5),
Code
2014,
is
amended
to
read
as
follows:
(5)
The
office
of
the
attorney
for
the
department
who
is
responsible
for
representing
the
department
general
.
Sec.
12.
Section
235B.6,
subsection
3,
Code
2014,
is
amended
to
read
as
follows:
3.
Access
to
unfounded
dependent
adult
abuse
information
is
authorized
only
to
those
persons
identified
in
subsection
2
,
Senate
File
2239,
p.
11
paragraph
“a”
,
paragraph
“b”
,
subparagraphs
(2),
(5),
and
(6),
and
paragraph
“e”
,
subparagraphs
(2)
,
(5),
and
(10).
Sec.
13.
Section
235B.7,
subsection
3,
Code
2014,
is
amended
to
read
as
follows:
3.
Subsections
1
and
2
do
not
apply
to
dependent
adult
abuse
information
that
is
disseminated
to
an
employee
of
the
department
or
to
the
office
of
the
attorney
representing
the
department
general
as
authorized
by
section
235B.6
.
Sec.
14.
Section
331.424,
subsection
1,
paragraph
a,
subparagraph
(6),
Code
2014,
is
amended
to
read
as
follows:
(6)
The
maintenance
and
operation
of
the
courts,
including
but
not
limited
to
the
salary
and
expenses
of
the
clerk
of
the
district
court
and
other
employees
of
the
clerk’s
office,
and
bailiffs,
court
costs
if
the
prosecution
fails
or
if
the
costs
cannot
be
collected
from
the
person
liable,
costs
and
expenses
of
prosecution
under
section
189A.17
,
salaries
and
expenses
of
juvenile
court
officers
under
chapter
602
,
court-ordered
costs
in
domestic
abuse
cases
under
section
236.5
and
elder
abuse
cases
under
section
235F.6
,
the
county’s
expense
for
confinement
of
prisoners
under
chapter
356A
,
temporary
assistance
to
the
county
attorney,
county
contributions
to
a
retirement
system
for
bailiffs,
reimbursement
for
judicial
magistrates
under
section
602.6501
,
claims
filed
under
section
622.93
,
interpreters’
fees
under
section
622B.7
,
uniform
citation
and
complaint
supplies
under
section
805.6
,
and
costs
of
prosecution
under
section
815.13
.
Sec.
15.
Section
562A.27A,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
(1)
The
tenant
seeks
a
protective
order,
restraining
order,
order
to
vacate
the
homestead,
or
other
similar
relief
pursuant
to
chapter
235F,
236
,
598
,
664A
,
or
915
,
or
any
other
applicable
provision
which
would
apply
to
the
person
conducting
the
activities
causing
the
clear
and
present
danger.
Sec.
16.
Section
562B.25A,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2014,
is
amended
to
read
as
follows:
(1)
The
tenant
seeks
a
protective
order,
restraining
order,
order
to
vacate
the
homestead,
or
other
similar
relief
pursuant
to
chapter
235F,
236
,
598
,
664A
,
or
915
,
or
any
other
applicable
provision
which
would
apply
to
the
person
conducting
the
activities
causing
the
clear
and
present
danger.
Sec.
17.
Section
598.7,
subsection
1,
Code
2014,
is
amended
to
read
as
follows:
1.
The
district
court
may,
on
its
own
motion
or
on
the
Senate
File
2239,
p.
12
motion
of
any
party,
order
the
parties
to
participate
in
mediation
in
any
dissolution
of
marriage
action
or
other
domestic
relations
action.
Mediation
performed
under
this
section
shall
comply
with
the
provisions
of
chapter
679C
.
The
provisions
of
this
section
shall
not
apply
if
the
action
involves
a
child
support
or
medical
support
obligation
enforced
by
the
child
support
recovery
unit.
The
provisions
of
this
section
shall
not
apply
to
actions
which
involve
elder
abuse
as
defined
in
section
235F.1
or
domestic
abuse
pursuant
to
chapter
236
.
The
provisions
of
this
section
shall
not
affect
a
judicial
district’s
or
court’s
authority
to
order
settlement
conferences
pursuant
to
rules
of
civil
procedure.
The
court
shall,
on
application
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
under
this
section
if
the
party
demonstrates
that
a
history
of
domestic
abuse
exists
as
specified
in
section
598.41,
subsection
3
,
paragraph
“j”
.
Sec.
18.
Section
598.16,
subsection
7,
Code
2014,
is
amended
to
read
as
follows:
7.
Upon
application,
the
court
shall
grant
a
waiver
from
the
requirements
of
this
section
if
a
party
demonstrates
that
a
history
of
elder
abuse,
as
defined
in
section
235F.1,
or
domestic
abuse,
as
defined
in
section
236.2
,
exists.
a.
In
determining
whether
a
history
of
elder
abuse
exists,
the
court’s
consideration
shall
include
but
is
not
limited
to
commencement
of
an
action
pursuant
to
section
235F.2,
the
issuance
of
a
court
order
or
consent
agreement
pursuant
to
section
235F.6,
the
issuance
of
an
emergency
order
pursuant
to
section
235F.7,
the
holding
of
a
party
in
contempt
pursuant
to
section
664A.7,
the
response
of
a
peace
officer
to
the
scene
of
alleged
elder
abuse,
or
the
arrest
of
a
party
following
response
to
a
report
of
alleged
elder
abuse.
b.
In
determining
whether
a
history
of
domestic
abuse
exists,
the
court’s
consideration
shall
include
but
is
not
limited
to
commencement
of
an
action
pursuant
to
section
236.3
,
the
issuance
of
a
protective
order
against
a
party
or
the
issuance
of
a
court
order
or
consent
agreement
pursuant
to
section
236.5
,
the
issuance
of
an
emergency
order
pursuant
to
section
236.6
,
the
holding
of
a
party
in
contempt
pursuant
to
section
664A.7
,
the
response
of
a
peace
officer
to
the
scene
of
alleged
domestic
abuse
or
the
arrest
of
a
party
following
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
Sec.
19.
Section
598.42,
Code
2014,
is
amended
to
read
as
Senate
File
2239,
p.
13
follows:
598.42
Notice
of
certain
orders
by
clerk
of
court.
The
clerk
of
the
district
court
shall
provide
notice
and
copies
of
temporary
or
permanent
protective
orders
and
orders
to
vacate
the
homestead
entered
pursuant
to
this
chapter
to
the
applicable
law
enforcement
agencies
and
the
twenty-four
hour
dispatcher
for
the
law
enforcement
agencies,
in
the
manner
provided
for
protective
orders
under
section
235F.6
or
236.5
.
The
clerk
shall
provide
notice
and
copies
of
modifications
or
vacations
of
these
orders
in
the
same
manner.
Sec.
20.
Section
602.6306,
subsection
2,
Code
2014,
is
amended
to
read
as
follows:
2.
District
associate
judges
also
have
jurisdiction
in
civil
actions
for
money
judgment
where
the
amount
in
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
over
involuntary
commitment,
treatment,
or
hospitalization
proceedings
under
chapters
125
and
229
;
jurisdiction
of
indictable
misdemeanors,
class
“D”
felony
violations,
and
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
or
emergency
order
of
protection
under
chapter
235F
or
236
,
and
to
make
court
appointments
and
set
hearings
in
criminal
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
require
notice
and
hearing
and
to
set
hearings
in
actions
under
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
602.7101
when
designated
as
a
judge
of
the
juvenile
court.
While
presiding
in
these
subject
matters
a
district
associate
judge
shall
employ
district
judges’
practice
and
procedure.
Sec.
21.
Section
611.23,
Code
2014,
is
amended
to
read
as
follows:
611.23
Civil
actions
involving
allegations
of
elder
abuse,
sexual
abuse
,
or
domestic
abuse
——
counseling.
In
a
civil
case
in
which
a
plaintiff
is
seeking
relief
or
damages
for
alleged
elder
abuse
as
defined
in
section
235F.1,
sexual
abuse
as
defined
in
section
709.1
,
or
domestic
abuse
as
defined
in
section
236.2
,
the
plaintiff
may
seek,
and
the
court
may
grant,
an
order
requiring
the
defendant
to
receive
professional
counseling,
in
addition
to
any
other
appropriate
relief
or
damages.
Sec.
22.
Section
664A.1,
subsection
2,
Code
2014,
is
amended
to
read
as
follows:
2.
“Protective
order”
means
a
protective
order
issued
pursuant
to
chapter
232
,
a
court
order
or
court-approved
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
Senate
File
2239,
p.
14
235F,
a
court
order
or
court-approved
consent
agreement
entered
pursuant
to
chapter
236
,
including
a
valid
foreign
protective
order
under
section
236.19,
subsection
3
,
a
temporary
or
permanent
protective
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
order
that
establishes
conditions
of
release
or
is
a
protective
order
or
sentencing
order
in
a
criminal
prosecution
arising
from
a
domestic
abuse
assault
under
section
708.2A
,
or
a
civil
injunction
issued
pursuant
to
section
915.22
.
Sec.
23.
Section
664A.2,
subsection
2,
Code
2014,
is
amended
to
read
as
follows:
2.
A
protective
order
issued
in
a
civil
proceeding
shall
be
issued
pursuant
to
chapter
232
,
235F,
236
,
598
,
or
915
.
Punishment
for
a
violation
of
a
protective
order
shall
be
imposed
pursuant
to
section
664A.7
.
Sec.
24.
Section
664A.4,
subsection
2,
Code
2014,
is
amended
to
read
as
follows:
2.
The
clerk
of
the
district
court
shall
provide
a
notice
and
copy
of
the
no-contact
order
to
the
appropriate
law
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
the
law
enforcement
agencies
in
the
same
manner
as
provided
in
section
235F.6
or
236.5
,
as
applicable
.
The
clerk
of
the
district
court
shall
provide
a
notice
and
copy
of
a
modification
or
vacation
of
a
no-contact
order
in
the
same
manner.
Sec.
25.
Section
664A.5,
Code
2014,
is
amended
to
read
as
follows:
664A.5
Modification
——
entry
of
permanent
no-contact
order.
If
a
defendant
is
convicted
of,
receives
a
deferred
judgment
for,
or
pleads
guilty
to
a
public
offense
referred
to
in
section
664A.2,
subsection
1
,
or
is
held
in
contempt
for
a
violation
of
a
no-contact
order
issued
under
section
664A.3
or
for
a
violation
of
a
protective
order
issued
pursuant
to
chapter
232
,
235F,
236
,
598
,
or
915
,
the
court
shall
either
terminate
or
modify
the
temporary
no-contact
order
issued
by
the
magistrate.
The
court
may
enter
a
no-contact
order
or
continue
the
no-contact
order
already
in
effect
for
a
period
of
five
years
from
the
date
the
judgment
is
entered
or
the
deferred
judgment
is
granted,
regardless
of
whether
the
defendant
is
placed
on
probation.
Sec.
26.
Section
664A.7,
subsections
1
and
5,
Code
2014,
are
amended
to
read
as
follows:
1.
Violation
of
a
no-contact
order
issued
under
this
chapter
Senate
File
2239,
p.
15
or
a
protective
order
issued
pursuant
to
chapter
232
,
235F,
236
,
or
598
,
including
a
modified
no-contact
order,
is
punishable
by
summary
contempt
proceedings.
5.
Violation
of
a
no-contact
order
entered
for
the
offense
or
alleged
offense
of
domestic
abuse
assault
in
violation
of
section
708.2A
or
a
violation
of
a
protective
order
issued
pursuant
to
chapter
232
,
235F,
236
,
598
,
or
915
constitutes
a
public
offense
and
is
punishable
as
a
simple
misdemeanor.
Alternatively,
the
court
may
hold
a
person
in
contempt
of
court
for
such
a
violation,
as
provided
in
subsection
3
.
Sec.
27.
Section
915.23,
subsection
1,
Code
2014,
is
amended
to
read
as
follows:
1.
An
employer
shall
not
discharge
an
employee,
or
take
or
fail
to
take
action
regarding
an
employee’s
promotion
or
proposed
promotion,
or
take
action
to
reduce
an
employee’s
wages
or
benefits
for
actual
time
worked,
due
to
the
service
of
an
employee
as
a
witness
in
a
criminal
proceeding
or
as
a
plaintiff,
defendant,
or
witness
in
a
civil
proceeding
pursuant
to
chapter
235F
or
236
.
Sec.
28.
NEW
SECTION
.
915.50A
General
rights
of
elder
abuse
victims.
In
addition
to
other
victim
rights
provided
in
this
chapter,
victims
of
elder
abuse
shall
have
the
following
rights:
1.
The
right
to
file
a
pro
se
petition
for
relief
from
elder
abuse
in
the
district
court,
pursuant
to
chapter
235F.
2.
The
right
to
receive
a
criminal
no-contact
order
upon
a
finding
of
probable
cause,
pursuant
to
section
664A.3.
Sec.
29.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
revise
the
subchapter
VI
heading
under
chapter
915
to
read
“Victims
of
domestic
abuse,
elder
abuse,
and
human
trafficking”.
DIVISION
III
AGENCY
COLLABORATION
AND
REPORT
Sec.
30.
AGENCY
COLLABORATION
AND
REPORT.
The
department
on
aging,
department
of
human
services,
department
of
inspections
and
appeals,
department
of
public
health,
and
the
office
of
the
attorney
general
shall
collaborate
and
provide
written
recommendations
on
strengthening
Iowa’s
elder
abuse
prevention,
detection,
and
intervention
efforts.
To
the
extent
possible,
the
departments
and
the
office
shall
also
include
relevant
budgetary
considerations
including
staff
and
system
needs,
in
their
recommendations.
If
the
departments
and
the
office
cannot
reach
consensus
to
develop
a
unified
recommendation,
Senate
File
2239,
p.
16
the
director
of
each
department
and
the
attorney
general
shall
each
provide
a
separate
written
report
and
an
explanation
of
the
differences
in
the
proposed
recommendations.
The
written
recommendations
and
reports
shall
be
submitted
to
the
general
assembly,
the
governor,
and
the
department
of
management
on
or
before
August
15,
2014.
______________________________
PAM
JOCHUM
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2239,
Eighty-fifth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor