Bills › 88th General Assembly
SSB 1073
Topics:Crime & corrections
Where it is now
- Done: IntroducedJanuary 30, 2019
- Done: SubcommitteeJanuary 30, 2019
- Done: Senate committeeFebruary 18, 2020
- Skipped: Passes the SenateContinued as SF 2341
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 2341 → Its progress continues under the new number. Go to SF 2341 What’s a funnel?
What’s in it
_____ and certain criminal offenses and civil actions, and provides penalties. DIVISION I —— CRIMINAL AND CIVIL RELIEF FOR OLDER INDIVIDUALS.1, of an older individual, defined in the bill as an individual 60 years of age or older. The bill provides criminal penalties for older individual assault ranging from a simple misdemeanor to a class “D” felony depending on the circumstances of the assault. The bill also provides for the determination of whether a violation is a second or subsequent offense and provides for minimum sentencing for offenders.
Read the full explanation
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 65 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 “C” felony depending on the circumstances and resulting injuries of the abuse. Elder abuse is defined as the abuse, neglect, or 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.16: The bill provides that, for the waiver from the requirements for the parties to participate in conciliation efforts in dissolution actions, a court may consider a conviction for older individual assault.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.6. The clerk shall provide notice and copies of modifications or vacations of these orders in the same manner.
Changed since by amendment S-5081; see Amendments.
Senate subcommittee
Named January 30, 2019. On February 27, 2019 it recommended amendment and passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary Senate File 2341 creates new criminal offenses and changes penalties related to the assault, theft, abuse, and financial exploitation of older individuals and dependent adults. Because the number of convictions cannot be predicted, the fiscal impact on the state cannot be estimated.2
Read the fiscal note
Description
Senate File 2341 establishes and relates to several offenses:
- Older individual assault. The penalties for this offense range from a simple misdemeanor to a Class D felony depending on the circumstances of the assault. The Bill also provides for the determination of whether a violation is a second or subsequent offense and provides for minimum sentencing for offenders.
- Theft against an older individual. This offense enhances the penalties for the existing crime of theft by one degree.
- Elder abuse. The penalties for this offense range from a serious misdemeanor to a Class C felony depending on the circumstances and resulting injuries from the abuse.
- Financial exploitation of an older individual. The penalties for this offense 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.
- Dependent adult abuse. Relocates the criminal penalties for dependent adult abuse as they currently exist from Iowa Code chapter 235B to Iowa Code chapter 726.
Background
A simple misdemeanor is punishable by imprisonment not to exceed 30 days or a fine ranging from $65 to $625. A serious misdemeanor is punishable by imprisonment not exceeding one year and a fine ranging from $315 to $1,875. An aggravated misdemeanor is punishable by imprisonment not exceeding two years and a fine ranging from $625 to $6,250. A Class D felony is punishable by confinement for no more than five years and a fine ranging from $750 to $7,500. A Class C felony is punishable by confinement for no more than 10 years and a fine ranging from $1,000 to $10,000. A Class B felony is punishable by a maximum confinement of 25 years.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 2341 establishes several new offenses, and the correctional impact is unknown. The offenses of older individual assault and theft against an older individual are likely captured under preexisting assault and theft statutes. Data indicating the age of the victims is not currently available; therefore, it is not possible to estimate the number of convictions or the correctional impact.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system.
Minority Impact
Senate File 2341 establishes several new offenses, and the minority impact cannot be estimated due to the unknown correctional impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 2341 establishes several new offenses, and the fiscal impact cannot be estimated due to the unknown correctional impact. The following table provides the average State cost per conviction of an offense ranging from a simple misdemeanor to a Class B felony. This estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Table — Average State Cost Per Conviction
Offense Class Type Minimum Maximum
Simple Misdemeanor $40 $350 Serious Misdemeanor $410 $4,900 Aggravated Misdemeanor $5,600 $8,000 Class D Felony $10,000 $14,700 Class C Felony $11,600 $19,400 Class B Felony $15,500 $37,800
Source
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Elder Abuse, Criminal Penalties · February 24, 2020
Iowa Code it changes
Creates§708.2D§714.2A§726.24§726.25§726.26
Amends§13.2§598.16§664A.1§664A.2§664A.7§714.16A§915.22
Repeals§235B.20
Lobbying
20 for · 1 against · 22 undecided · Who →
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