House File 131

                                       HOUSE FILE       
                                       BY  MADDOX and DANDEKAR


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to fraudulent use of a credit card and providing
  2    a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2031HH 80
  5 jm/cf/24

PAG LIN

  1  1    Section 1.  Section 715A.6, Code 2003, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3.  For purposes of this section, the
  1  4 value of the property or services is the highest value of the
  1  5 property or services determined by any reasonable standard at
  1  6 the time the violation occurred.  Any reasonable standard
  1  7 includes but is not limited to market value within the
  1  8 community, actual value, or replacement value.  If property or
  1  9 services are secured by two or more acts from the same person
  1 10 or location, or from different persons by two or more acts
  1 11 which occur in approximately the same location or time period
  1 12 so that the acts are attributable to a single scheme, plan, or
  1 13 conspiracy, the acts may be considered as a single act and the
  1 14 value may be the total value of all property or services
  1 15 involved.
  1 16                           EXPLANATION
  1 17    This bill relates to the criminal offense of fraudulent use
  1 18 of credit cards.
  1 19    The bill provides that the value of property or services
  1 20 fraudulently obtained or attempted to be obtained by use of a
  1 21 credit card is to be determined by any reasonable standard,
  1 22 including the market value within the community, actual value,
  1 23 or replacement value.  The bill also provides that if the
  1 24 property or services are fraudulently obtained by two or more
  1 25 acts from the same person or location, or from different
  1 26 persons by two or more acts which occur in approximately the
  1 27 same location or time period so that the acts are attributable
  1 28 to a single scheme, plan, or conspiracy, the acts may be
  1 29 considered as a single act and the value may be the total
  1 30 value of all property or services involved.
  1 31    A person who commits fraudulent use of a credit card
  1 32 commits a class "D" felony if the value of the property or
  1 33 services obtained or sought to be obtained is greater than
  1 34 $1,000; otherwise, the offense is an aggravated misdemeanor.
  1 35 LSB 2031HH 80
  2  1 jm/cf/24