Text: HF00503                           Text: HF00505
Text: HF00500 - HF00599                 Text: HF Index
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House File 504

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 504
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO FRAUDULENT USE OF A CREDIT CARD, SCANNING
  1  5    DEVICE, OR REENCODER, AND PROVIDING A PENALTY.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 715A.6, subsection 2, Code 2003, is
  1 10 amended to read as follows:
  1 11    2.  An offense under this section is a class "D" "C" felony
  1 12 if the value of the property or services secured or sought to
  1 13 be secured by means of the credit card is greater than one ten
  1 14 thousand dollars.  If the value of the property or services
  1 15 secured or sought to be secured by means of the credit card is
  1 16 greater than one thousand dollars but not more than ten
  1 17 thousand dollars, an offense under this section is a class "D"
  1 18 felony, otherwise the offense is an aggravated misdemeanor.
  1 19    Sec. 2.  Section 715A.6, Code 2003, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  3.  For purposes of this section, the
  1 22 value of the property or services is the highest value of the
  1 23 property or services determined by any reasonable standard at
  1 24 the time the violation occurred.  Any reasonable standard
  1 25 includes but is not limited to market value within the
  1 26 community, actual value, or replacement value.  If property or
  1 27 services are secured by two or more acts from the same person
  1 28 or location, or from different persons by two or more acts
  1 29 which occur in approximately the same location or time period
  1 30 so that the acts are attributable to a single scheme, plan, or
  1 31 conspiracy, the acts may be considered as a single act and the
  1 32 value may be the total value of all property or services
  1 33 involved.
  1 34    Sec. 3.  NEW SECTION.  715A.10  ILLEGAL USE OF SCANNING
  1 35 DEVICE OR REENCODER.
  2  1    1.  A person commits a class "D" felony if the person does
  2  2 any of the following:
  2  3    a.  Uses a scanning device to access, read, obtain,
  2  4 memorize, or store, temporarily or permanently, information
  2  5 encoded on the magnetic strip or stripe of a payment card
  2  6 without the permission of the authorized user of the payment
  2  7 card, and with the intent to defraud the authorized user, the
  2  8 issuer of the authorized user's payment card, or a merchant.
  2  9    b.  Uses a reencoder to place information encoded on the
  2 10 magnetic strip or stripe of a payment card onto the magnetic
  2 11 strip or stripe of a different card without the permission of
  2 12 the authorized user of the card from which the information is
  2 13 being reencoded, and with the intent to defraud the authorized
  2 14 user, the issuer of the authorized user's payment card, or a
  2 15 merchant.
  2 16    2.  A second or subsequent violation of this section is a
  2 17 class "C" felony.
  2 18    3.  As used in this section:
  2 19    a.  "Merchant" means an owner or operator of a retail
  2 20 mercantile establishment or an agent, employee, lessee,
  2 21 consignee, officer, director, franchisee, or independent
  2 22 contractor of such owner or operator.  A "merchant" also means
  2 23 a person who receives from an authorized user of a payment
  2 24 card, or someone the person believes to be an authorized user,
  2 25 a payment card or information from a payment card, or what the
  2 26 person believes to be a payment card or information from a
  2 27 payment card, as the instrument for obtaining, purchasing, or
  2 28 receiving goods, services, money, or anything else of value
  2 29 from the person.
  2 30    b.  "Payment card" means a credit card, charge card, debit
  2 31 card, or any other card that is issued to an authorized card
  2 32 user and that allows the user to obtain, purchase, or receive
  2 33 goods, services, money, or anything else of value from a
  2 34 merchant.
  2 35    c.  "Reencoder" means an electronic device that places
  3  1 encoded information from the magnetic strip or stripe of a
  3  2 payment card onto the magnetic strip or stripe of a different
  3  3 payment card.
  3  4    d.  "Scanning device" means a scanner, reader, or any other
  3  5 electronic device that is used to access, read, scan, obtain,
  3  6 memorize, or store, temporarily or permanently, information
  3  7 encoded on the magnetic strip or stripe of a payment card.  
  3  8 
  3  9 
  3 10                                                             
  3 11                               CHRISTOPHER C. RANTS
  3 12                               Speaker of the House
  3 13 
  3 14 
  3 15                                                             
  3 16                               MARY E. KRAMER
  3 17                               President of the Senate
  3 18 
  3 19    I hereby certify that this bill originated in the House and
  3 20 is known as House File 504, Eightieth General Assembly.
  3 21 
  3 22 
  3 23                                                             
  3 24                               MARGARET THOMSON
  3 25                               Chief Clerk of the House
  3 26 Approved                , 2003
  3 27 
  3 28 
  3 29                            
  3 30 THOMAS J. VILSACK
  3 31 Governor
     

Text: HF00503                           Text: HF00505
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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