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