Bills › 88th General Assembly
Including personal degradation of a dependent adult as a form of dependent adult abuse by a caretaker regulated by the department of human services, and making penalties applicable
Sponsored by the Senate Judiciary Committee
Topics:Courts & civil law
Where it is now
- Done: IntroducedFebruary 28, 2019
- Skipped: SubcommitteeSkipped
- Done: Senate committeeFebruary 28, 2019
- Done: Passes the SenateApril 24, 201950–0
- Skipped: House committeeSkipped
- Done: Passes the HouseApril 9, 2019
- Done: To the GovernorApril 29, 2019
- Done: Signed into lawMay 10, 2019
HF 569 became law → The same legislation passed as HF 569, so this version was set aside. Go to HF 569 What’s a funnel?
What’s in it
This bill includes personal degradation as a form of dependent adult abuse by a caretaker regulated by the department of human services pursuant to Code chapter 235B (dependent adult abuse). The bill defines “personal degradation” as a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm a dependent adult’s personal dignity, or a willful act or statement by a caretaker where the caretaker knew or reasonably should have known the act or statement would shame, degrade, humiliate, or otherwise harm the dependent adult’s personal dignity.
Read the full explanation
“Personal degradation” includes the taking, transmission, or display of an electronic image of a dependent adult by a caretaker, where the caretaker’s actions constitute a willful act or statement intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult. The bill creates an exception to the definition for electronic images of a dependent adult that are taken, transmitted, or displayed for the purpose of reporting dependent adult abuse or for the purpose of treatment or diagnosis or as part of an ongoing investigation. The bill provides “personal degradation” does not include the taking, transmission, or display of an electronic image by a caretaker who takes, transmits, or displays the electronic image in accordance with the confidentiality policy and release of information or consent policies of a contractor, employer, or facility or program not regulated by the department of inspections and appeals pursuant to Code chapter 235E (dependent adult abuse in facilities and programs). For purposes of Code chapter 235B, a caretaker is defined as a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court. A caretaker who commits the crime of dependent adult abuse by personal degradation is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. A caretaker who is the subject of a report of dependent adult abuse may be placed on the dependent adult abuse registry.
Changed since by amendments S-3218, H-1089; see Amendments.
Fiscal note
Cost: up to $225,000 Compare with other bills
Senate File 426 is estimated to increase the DHS annual state operating costs by $123,000 in FY 2020 and $225,000 in FY 2021 and subsequent years. The increase for FY 2020 includes $10,500 in one-time upgrade costs to the Child Welfare Information System.
- Dependent Adult Abuse, Personal Degradation · March 5, 2019
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88th General Assembly