Bill Text: IA HF87 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to financial exploitation of older individuals and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-26 - Introduced, referred to Judiciary. H.J. 145. [HF87 Detail]
Download: Iowa-2015-HF87-Introduced.html
House File 87 - Introduced HOUSE FILE BY HEDDENS A BILL FOR 1 An Act relating to financial exploitation of older individuals 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1652YH (2) 86 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 726.11 Financial exploitation of an 1 2 older individual. 1 3 1. A person commits financial exploitation of an older 1 4 individual when the person stands in a position of trust or 1 5 confidence with the older individual and knowingly and by undue 1 6 influence, deception, coercion, fraud, breach of fiduciary 1 7 duty, or extortion, obtains control over or otherwise uses 1 8 or diverts the benefits, property, resources, belongings, or 1 9 assets of the older individual. 1 10 2. A person who commits financial exploitation of an older 1 11 individual is guilty of the following, as applicable: 1 12 a. Financial exploitation in the fifth degree which is 1 13 a simple misdemeanor if the value of the funds, benefits, 1 14 property, resources, belongings, or assets is two hundred 1 15 dollars or less. 1 16 b. Financial exploitation in the fourth degree which is 1 17 a serious misdemeanor if the value of the funds, benefits, 1 18 property, resources, belongings, or assets exceeds two hundred 1 19 dollars but does not exceed five hundred dollars. 1 20 c. Financial exploitation in the third degree which is an 1 21 aggravated misdemeanor if the value of the funds, benefits, 1 22 property, resources, belongings, or assets exceeds five hundred 1 23 dollars but does not exceed one thousand dollars. 1 24 d. Financial exploitation in the second degree which is a 1 25 class "D" felony if the value of the funds, benefits, property, 1 26 resources, belongings, or assets exceeds one thousand dollars 1 27 but does not exceed ten thousand dollars. 1 28 e. Financial exploitation in the first degree which is a 1 29 class "C" felony if the value of the funds, benefits, property, 1 30 resources, belongings, or assets exceeds ten thousand dollars. 1 31 3. Nothing in this section shall be construed to limit other 1 32 remedies available to the older individual including those 1 33 provided under chapters 235F and 236. 1 34 4. A person alleged to have committed a violation under this 1 35 section shall be charged with the respective offense, unless 2 1 a charge may be brought based upon a more serious offense, 2 2 in which case the charge of the more serious offense shall 2 3 supersede the less serious charge. 2 4 5. Nothing in this section shall be construed to impose 2 5 criminal liability on a person who has made a good=faith effort 2 6 to assist an older individual in the management of the older 2 7 individual's benefits, property, resources, belongings, or 2 8 assets, but through no fault of the person, the person has been 2 9 unable to provide such assistance. 2 10 6. It shall not be a defense to financial exploitation of 2 11 an older individual that the alleged perpetrator did not know 2 12 the age of the older individual or reasonably believed that the 2 13 alleged victim was not an older individual. 2 14 7. For the purposes of this section: 2 15 a. "Caretaker" means a related or nonrelated person who has 2 16 the responsibility for the protection, care, or custody of an 2 17 older individual as a result of assuming the responsibility 2 18 voluntarily, by contract, through employment, or by order of 2 19 the court. "Caretaker" does not include a caretaker as defined 2 20 in section 235E.1. 2 21 b. "Coercion" means communication or conduct which compels 2 22 an older individual to act or refrain from acting against the 2 23 older individual's will. 2 24 c. "Fiduciary" means a person or entity with the legal 2 25 responsibility to make decisions on behalf of and for the 2 26 benefit of an older individual and to act in good faith and 2 27 with fairness. "Fiduciary" includes but is not limited to an 2 28 attorney in fact, a guardian, or a conservator. 2 29 d. "Older individual" means a person sixty years of age or 2 30 older. 2 31 e. "Stands in a position of trust or confidence" means the 2 32 person has any of the following relationships relative to the 2 33 older individual: 2 34 (1) Is a parent, spouse, adult child, or other relative by 2 35 consanguinity or affinity of the older individual. 3 1 (2) Is a caretaker for the older individual. 3 2 (3) Is a person who is in a confidential relationship with 3 3 the older individual. The determination of the existence of a 3 4 confidential relationship is an issue of fact to be determined 3 5 by the court based upon the totality of the circumstances. 3 6 f. "Undue influence" means taking advantage of a person's 3 7 role, relationship, or authority to improperly change or 3 8 obtain control over the actions or decision making of an older 3 9 individual against the older individual's best interests. 3 10 Sec. 2. CODE EDITOR DIRECTIVES. The Code editor shall 3 11 revise the title of chapter 726 to read "Protection of the 3 12 family, dependent persons, residents of health care facilities, 3 13 and older individuals". 3 14 EXPLANATION 3 15 The inclusion of this explanation does not constitute agreement with 3 16 the explanation's substance by the members of the general assembly. 3 17 This bill establishes the crime of financial exploitation of 3 18 an older individual. A person commits financial exploitation 3 19 of an older individual when the person stands in a position of 3 20 trust or confidence with the older individual and knowingly 3 21 and by undue influence, deception, coercion, fraud, breach of 3 22 fiduciary duty, or extortion, obtains control over or otherwise 3 23 uses the benefits, property, resources, belongings, or assets 3 24 of the older individual. The criminal penalties range from a 3 25 simple misdemeanor to a class "C" felony based on the amount 3 26 of benefits, property, resources, belongings, or assets of the 3 27 older individual involved. LSB 1652YH (2) 86 pf/nh
