Relating to older individuals and dependent adults, creating certain criminal offenses and civil actions, and providing penalties

The bill establishes the crime of theft against an older individual which enhances the penalties for the existing crime of theft by one degree. The bill changes the existing additional civil penalty for consumer frauds committed against elders (those years of age or older) to apply to older individuals consistent with other provisions relating to older individuals under the bill. The bill establishes criminal penalties for elder abuse ranging from a serious misdemeanor to a class “B” felony depending on the circumstances and resulting injuries of the abuse. “Elder abuse” is defined as the abuse, emotional abuse, neglect, isolation, or sexual exploitation of an older individual. The bill establishes the crime of financial exploitation of an older individual. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved. The bill relocates the criminal penalties for dependent adult abuse as they currently exist from Code chapter 235B (dependent adult abuse) to Code chapter 726 (relating to the protection of the family and dependent persons). DIVISION II —— CONFORMING CHANGES. The bill makes conforming changes throughout the Code.2: The bill adds as a duty of the attorney general to develop written procedures and policies to be followed by prosecuting attorneys in the prosecution of elder abuse, older individual assault, theft against an older individual, consumer frauds committed against an older individual, and financial exploitation of an older individual.2D is grounds for the denial, revocation, or suspension of an electrical contractor license.20.2D is grounds for the denial, revocation, or suspension of a class A or class B master electrician license.20.2D is grounds for the denial, revocation, or suspension of a class A or class B journeyman electrician license.20.2D is grounds for the denial, revocation, or suspension of a residential electrician or residential master electrician license.20.2D is grounds for the denial, revocation, or suspension of a special electrician license.20.2D is grounds for the denial, revocation, or suspension of an apprenticeship electrician license.20.2D is grounds for the denial, revocation, or suspension of a contractor license to provide plumbing, mechanical, HVAC, refrigeration, sheet metal, or hydronic systems services.20.2D, if committed by an adult.20.1: The bill includes in the definition of “protective orders” under Code chapter 664A (relating to no-contact and enforcement of protective orders), a protective order or sentencing order in a criminal prosecution arising from older individual assault.2: The bill provides that the Code chapter is applicable to no-contact orders issued for violations or alleged violations related to older individual assault.7: The bill provides that violation of a no-contact order for the offense of older individual assault constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such violation.2: The Code section provides that liability protection for a private employer, general contractor, or premises owner for negligently hiring an employee, agent, or independent contractor does not preclude a cause of action for negligent hiring based on evidence that the employee, agent, or independent contractor has been convicted of a public offense if the private employer, general contractor, or premises owner knew or should have known of the conviction; and if the employee, agent, or independent contractor was convicted of one of certain enumerated offenses. The bill adds to the list of enumerated offenses the offenses of elder abuse and older individual assault.20.3: The bill includes in those convictions for misdemeanor offense that shall not be expunged upon application of a defendant convicted of a misdemeanor offense the offenses of elder abuse and older individual assault.20.6. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner. DIVISION III —— SINGLE POINT OF ENTRY FOR ADULT ABUSE SERVICES AND INFORMATION. This division directs the department on aging to utilize the aging and disability resource centers network lifelong links to function as the primary point of entry to provide a system to request assistance, report suspicion of adult abuse, and receive information, and for the purpose of collecting data regarding adult abuse. “Adult abuse” is defined to include both dependent adult abuse and elder abuse. DIVISION IV —— ESTABLISHMENT OF MULTIDISCIPLINARY TEAMS TO RESPOND TO ELDER ABUSE. This division requires the department on aging, in collaboration with the department of human services, to establish a multidisciplinary team in each area agency on aging planning and service area to assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to, victims of elder abuse, as well as address public awareness, prevention, detection, reporting, data collection, and investigations relating to elder abuse. DIVISION V —— OFFICE OF PUBLIC GUARDIAN. This division directs the department on aging to explore ways that the office of public guardian may increase its effectiveness by increasing the number of local public guardians, identifying and supporting individuals and organizations willing to serve as public guardians, increasing awareness regarding alternatives to guardianships, where appropriate, providing effective oversight and monitoring of guardians, and increasing public awareness about the office of public guardian as a valued resource for members of the public, the courts, and private guardians.