Text: HF00658 Text: HF00660 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 659
1 2
1 3 AN ACT
1 4 ESTABLISHING THE CRIME OF IDENTITY THEFT AND PROVIDING
1 5 PENALTIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 714.16B IDENTITY THEFT – CIVIL
1 10 CAUSE OF ACTION.
1 11 In addition to any other remedies provided by law, a person
1 12 as defined under section 714.16, subsection 1, suffering a
1 13 pecuniary loss as a result of an identity theft by another
1 14 person under section 715A.8, may bring an action against such
1 15 other person to recover the following:
1 16 1. One thousand dollars or three times the actual damages,
1 17 whichever is greater.
1 18 2. Reasonable attorney fees and court costs.
1 19 Sec. 2. NEW SECTION. 715A.8 IDENTITY THEFT.
1 20 1. For purposes of this section, "identification
1 21 information" means the name, address, date of birth, telephone
1 22 number, driver's license number, nonoperator's identification
1 23 number, social security number, place of employment, employee
1 24 identification number, parent's legal surname prior to
1 25 marriage, demand deposit account number, savings or checking
1 26 account number, or credit card number of a person.
1 27 2. A person commits the offense of identity theft if the
1 28 person with the intent to obtain a benefit fraudulently
1 29 obtains identification information of another person and uses
1 30 or attempts to use that information to obtain credit,
1 31 property, or services without the authorization of that other
1 32 person.
1 33 3. If the value of the credit, property, or services
1 34 exceeds one thousand dollars, the person commits a class "D"
1 35 felony. If the value of the credit, property, or services
2 1 does not exceed one thousand dollars, the person commits an
2 2 aggravated misdemeanor.
2 3 4. A violation of this section is an unlawful practice
2 4 under section 714.16.
2 5 Sec. 3. NEW SECTION. 715A.9 VALUE FOR PURPOSES OF
2 6 IDENTITY THEFT.
2 7 The value of property or services is its highest value by
2 8 any reasonable standard at the time the identity theft is
2 9 committed. Any reasonable standard includes but is not
2 10 limited to market value within the community, actual value, or
2 11 replacement value.
2 12 If credit, property, or services are obtained by two or
2 13 more acts from the same person or location, or from different
2 14 persons by two or more acts which occur in approximately the
2 15 same location or time period so that the identity thefts are
2 16 attributable to a single scheme, plan, or conspiracy, the acts
2 17 may be considered as a single identity theft and the value may
2 18 be the total value of all credit, property, and services
2 19 involved.
2 20
2 21
2 22
2 23 RON J. CORBETT
2 24 Speaker of the House
2 25
2 26
2 27
2 28 MARY E. KRAMER
2 29 President of the Senate
2 30
2 31 I hereby certify that this bill originated in the House and
2 32 is known as House File 659, Seventy-eighth General Assembly.
2 33
2 34
2 35
3 1 ELIZABETH ISAACSON
3 2 Chief Clerk of the House
3 3 Approved , 1999
3 4
3 5
3 6
3 7 THOMAS J. VILSACK
3 8 Governor
Text: HF00658 Text: HF00660 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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