House File 2106 - Introduced HOUSE FILE 2106 BY HEDDENS , HEATON , KAUFMANN , BYRNES , OLDSON , M. SMITH , MASCHER , MEYER , STAED , T. TAYLOR , BEARINGER , OURTH , WINCKLER , BERRY , GASKILL , ABDUL-SAMAD , KAJTAZOVIC , RUFF , HANSON , WOOD , DAWSON , MURPHY , LENSING , HUNTER , LYKAM , SHEETS , GASSMAN , HALL , STUTSMAN , STANERSON , and MOORE 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 5237HH (30) 85 pf/nh

H.F. 2106 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 -1- LSB 5237HH (30) 85 pf/nh 1/ 60

H.F. 2106 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 -2- LSB 5237HH (30) 85 pf/nh 2/ 60

H.F. 2106 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 -3- LSB 5237HH (30) 85 pf/nh 3/ 60

H.F. 2106 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 -4- LSB 5237HH (30) 85 pf/nh 4/ 60

H.F. 2106 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 -5- LSB 5237HH (30) 85 pf/nh 5/ 60

H.F. 2106 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 -6- LSB 5237HH (30) 85 pf/nh 6/ 60

H.F. 2106 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 -7- LSB 5237HH (30) 85 pf/nh 7/ 60

H.F. 2106 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. 35 -8- LSB 5237HH (30) 85 pf/nh 8/ 60

H.F. 2106 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 -9- LSB 5237HH (30) 85 pf/nh 9/ 60

H.F. 2106 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 35 -10- LSB 5237HH (30) 85 pf/nh 10/ 60

H.F. 2106 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 -11- LSB 5237HH (30) 85 pf/nh 11/ 60

H.F. 2106 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, 35 -12- LSB 5237HH (30) 85 pf/nh 12/ 60

H.F. 2106 after 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 35 -13- LSB 5237HH (30) 85 pf/nh 13/ 60

H.F. 2106 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 -14- LSB 5237HH (30) 85 pf/nh 14/ 60

H.F. 2106 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 -15- LSB 5237HH (30) 85 pf/nh 15/ 60

H.F. 2106 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 -16- LSB 5237HH (30) 85 pf/nh 16/ 60

H.F. 2106 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 -17- LSB 5237HH (30) 85 pf/nh 17/ 60

H.F. 2106 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. 35 -18- LSB 5237HH (30) 85 pf/nh 18/ 60

H.F. 2106 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 -19- LSB 5237HH (30) 85 pf/nh 19/ 60