SF 347 (LSB 2162SS (4) 87)

SENATE FILE 347

BY  DANIELSON

A BILL FOR

An Act providing for the removal of criminal history data by bail bond information businesses, and including civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  692.23  Bail bond information business —— removal of criminal history data —— civil action.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Bail bond information business” means the business of publishing or otherwise disseminating criminal history data through a publicly accessible print or electronic medium, but shall not include the business of any public body or agency. 
   b.  “Person” means an individual, partnership, corporation, or other business entity.
   c.  “Resident” means a person as defined in section 483A.1A.
   2.  A person engaged in the bail bond information business shall not solicit or accept a fee or other form of payment for the removal, correction, or modification of criminal history data published or disseminated by the person in the course of the person’s business.
   3.  a.  A resident whose criminal history data is published or otherwise disseminated by a person engaged in the bail bond information business may submit a written request to such person to remove the resident’s criminal history data from the publicly accessible print or electronic medium through which such data is published or otherwise disseminated.
   b.  A person engaged in the bail bond information business shall, upon receipt of a written request for removal pursuant to paragraph “a”, remove the resident’s criminal history data from the publicly accessible print or electronic medium through which such data is published or otherwise disseminated within ten calendar days after receiving the written request for removal.
   4.  In lieu of the remedies provided in section 692.6, a resident whose criminal history data is published or otherwise disseminated by a person engaged in the bail bond information business may bring a civil action to enjoin the continued publication or dissemination of the criminal history data if the data is not removed from the publicly accessible print or electronic medium through which such data is published or otherwise disseminated within ten calendar days after receipt of a written request for its removal. The court may impose a civil penalty not to exceed one thousand dollars for each day of noncompliance with an injunction and shall award reasonable attorney fees and court costs related to the issuance of the injunction. 
   5.  Notwithstanding subsection 4, a violation of this section constitutes an unlawful practice pursuant to section 714.16.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for the removal of criminal history data published or disseminated by bail bond information businesses from publicly accessible mediums.
   The bill defines “bail bond information business” to mean the business of publishing or otherwise disseminating criminal history data through a publicly accessible print or electronic medium, but not including the business of any public body or agency.
   The bill prohibits a person engaged in the bail bond information business from soliciting or accepting a fee or other form of payment for the removal, correction, or modification of criminal history data published or disseminated by the person. The bill provides that a resident whose criminal history data is published or disseminated by a person engaged in the bail bond information business may submit a written request to such person to remove the resident’s criminal history data from the publicly accessible print or electronic medium through which such data is published or disseminated. A person engaged in the bail bond information business shall remove a resident’s criminal history data from such medium within 10 calendar days of receiving a written request from the resident.
   The bill provides that, in lieu of the remedies provided in Code section 692.6, a resident whose criminal history data is not removed from the publicly accessible print or electronic medium through which the data is published or disseminated within 10 days of the receipt of a written request may bring a civil action to enjoin the continued publication or dissemination of such data. The court may impose a civil penalty not to exceed $1,000 for each day of noncompliance with an injunction and shall award reasonable attorney fees and court costs.
   A violation of the bill also constitutes an unlawful practice under Code section 714.16, relating to consumer frauds. Pursuant to Code section 714.16, the attorney general may investigate, issue subpoenas, and commence civil proceedings seeking restraining orders or injunctions prohibiting persons from engaging in unlawful practices or seeking termination of the business affairs of a person engaging in unlawful practices. In addition, a civil penalty of up to $40,000 per violation may be imposed by a court against a person found to have committed an unlawful practice.