Senate
File
347
-
Introduced
SENATE
FILE
347
BY
DANIELSON
A
BILL
FOR
An
Act
providing
for
the
removal
of
criminal
history
data
1
by
bail
bond
information
businesses,
and
including
civil
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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347
Section
1.
NEW
SECTION
.
692.23
Bail
bond
information
1
business
——
removal
of
criminal
history
data
——
civil
action.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Bail
bond
information
business”
means
the
business
of
5
publishing
or
otherwise
disseminating
criminal
history
data
6
through
a
publicly
accessible
print
or
electronic
medium,
but
7
shall
not
include
the
business
of
any
public
body
or
agency.
8
b.
“Person”
means
an
individual,
partnership,
corporation,
9
or
other
business
entity.
10
c.
“Resident”
means
a
person
as
defined
in
section
483A.1A.
11
2.
A
person
engaged
in
the
bail
bond
information
business
12
shall
not
solicit
or
accept
a
fee
or
other
form
of
payment
for
13
the
removal,
correction,
or
modification
of
criminal
history
14
data
published
or
disseminated
by
the
person
in
the
course
of
15
the
person’s
business.
16
3.
a.
A
resident
whose
criminal
history
data
is
published
17
or
otherwise
disseminated
by
a
person
engaged
in
the
bail
bond
18
information
business
may
submit
a
written
request
to
such
19
person
to
remove
the
resident’s
criminal
history
data
from
the
20
publicly
accessible
print
or
electronic
medium
through
which
21
such
data
is
published
or
otherwise
disseminated.
22
b.
A
person
engaged
in
the
bail
bond
information
business
23
shall,
upon
receipt
of
a
written
request
for
removal
pursuant
24
to
paragraph
“a”
,
remove
the
resident’s
criminal
history
data
25
from
the
publicly
accessible
print
or
electronic
medium
through
26
which
such
data
is
published
or
otherwise
disseminated
within
27
ten
calendar
days
after
receiving
the
written
request
for
28
removal.
29
4.
In
lieu
of
the
remedies
provided
in
section
692.6,
a
30
resident
whose
criminal
history
data
is
published
or
otherwise
31
disseminated
by
a
person
engaged
in
the
bail
bond
information
32
business
may
bring
a
civil
action
to
enjoin
the
continued
33
publication
or
dissemination
of
the
criminal
history
data
if
34
the
data
is
not
removed
from
the
publicly
accessible
print
35
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347
or
electronic
medium
through
which
such
data
is
published
or
1
otherwise
disseminated
within
ten
calendar
days
after
receipt
2
of
a
written
request
for
its
removal.
The
court
may
impose
a
3
civil
penalty
not
to
exceed
one
thousand
dollars
for
each
day
4
of
noncompliance
with
an
injunction
and
shall
award
reasonable
5
attorney
fees
and
court
costs
related
to
the
issuance
of
the
6
injunction.
7
5.
Notwithstanding
subsection
4,
a
violation
of
this
8
section
constitutes
an
unlawful
practice
pursuant
to
section
9
714.16.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
provides
for
the
removal
of
criminal
history
data
14
published
or
disseminated
by
bail
bond
information
businesses
15
from
publicly
accessible
mediums.
16
The
bill
defines
“bail
bond
information
business”
to
mean
17
the
business
of
publishing
or
otherwise
disseminating
criminal
18
history
data
through
a
publicly
accessible
print
or
electronic
19
medium,
but
not
including
the
business
of
any
public
body
or
20
agency.
21
The
bill
prohibits
a
person
engaged
in
the
bail
bond
22
information
business
from
soliciting
or
accepting
a
fee
23
or
other
form
of
payment
for
the
removal,
correction,
or
24
modification
of
criminal
history
data
published
or
disseminated
25
by
the
person.
The
bill
provides
that
a
resident
whose
26
criminal
history
data
is
published
or
disseminated
by
a
person
27
engaged
in
the
bail
bond
information
business
may
submit
28
a
written
request
to
such
person
to
remove
the
resident’s
29
criminal
history
data
from
the
publicly
accessible
print
or
30
electronic
medium
through
which
such
data
is
published
or
31
disseminated.
A
person
engaged
in
the
bail
bond
information
32
business
shall
remove
a
resident’s
criminal
history
data
from
33
such
medium
within
10
calendar
days
of
receiving
a
written
34
request
from
the
resident.
35
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347
The
bill
provides
that,
in
lieu
of
the
remedies
provided
1
in
Code
section
692.6,
a
resident
whose
criminal
history
2
data
is
not
removed
from
the
publicly
accessible
print
or
3
electronic
medium
through
which
the
data
is
published
or
4
disseminated
within
10
days
of
the
receipt
of
a
written
request
5
may
bring
a
civil
action
to
enjoin
the
continued
publication
6
or
dissemination
of
such
data.
The
court
may
impose
a
civil
7
penalty
not
to
exceed
$1,000
for
each
day
of
noncompliance
with
8
an
injunction
and
shall
award
reasonable
attorney
fees
and
9
court
costs.
10
A
violation
of
the
bill
also
constitutes
an
unlawful
11
practice
under
Code
section
714.16,
relating
to
consumer
12
frauds.
Pursuant
to
Code
section
714.16,
the
attorney
13
general
may
investigate,
issue
subpoenas,
and
commence
14
civil
proceedings
seeking
restraining
orders
or
injunctions
15
prohibiting
persons
from
engaging
in
unlawful
practices
16
or
seeking
termination
of
the
business
affairs
of
a
person
17
engaging
in
unlawful
practices.
In
addition,
a
civil
penalty
18
of
up
to
$40,000
per
violation
may
be
imposed
by
a
court
19
against
a
person
found
to
have
committed
an
unlawful
practice.
20
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