Senate File 270 - Enrolled

PAG LIN

  1  1                                             SENATE FILE 270
  1  2
  1  3                             AN ACT
  1  4 RELATING TO IDENTITY THEFT INCLUDING CRIMINAL VIOLATIONS AND
  1  5    DAMAGES RECOVERABLE IN A CIVIL ACTION, PROVIDING FOR
  1  6    FORFEITURE OF PROPERTY AND FOR CERTAIN RIGHTS OF FINANCIAL
  1  7    INSTITUTIONS, AND PROVIDING FOR CIVIL REMEDIES.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  NEW SECTION.  614.4A  IDENTITY THEFT.
  1 12    In actions for relief on the ground of identity theft under
  1 13 section 714.16B, the cause of action shall not be deemed to
  1 14 have accrued until the identity theft complained of is
  1 15 discovered by the party aggrieved.
  1 16    Sec. 2.  Section 714.16B, Code 2005, is amended to read as
  1 17 follows:
  1 18    714.16B  IDENTITY THEFT == CIVIL CAUSE OF ACTION.
  1 19    In addition to any other remedies provided by law, a person
  1 20 as defined under section 714.16, subsection 1, suffering a
  1 21 pecuniary loss as a result of an identity theft by another
  1 22 person under section 715A.8, or a financial institution on
  1 23 behalf of an account holder suffering a pecuniary loss as a
  1 24 result of an identity theft by another person under section
  1 25 715A.8, may bring an action against such other person to
  1 26 recover all of the following:
  1 27    1.  One Five thousand dollars or three times the actual
  1 28 damages, whichever is greater.
  1 29    2.  Reasonable costs incurred due to the violation of
  1 30 section 715A.8, including all of the following:
  1 31    a.  Costs for repairing the victim's credit history or
  1 32 credit rating.
  1 33    b.  Costs incurred for bringing a civil or administrative
  1 34 proceeding to satisfy a debt, lien, judgment, or other
  1 35 obligation of the victim.
  2  1    c.  Punitive damages, attorney fees, and court costs.
  2  2    For purposes of this section, "financial institution" means
  2  3 the same as defined in section 527.2, and includes an insurer
  2  4 organized under Title XIII, subtitle 1, of this Code, or under
  2  5 the laws of any other state or the United States.
  2  6    Sec. 3.  Section 715A.8, subsection 1, Code 2005, is
  2  7 amended to read as follows:
  2  8    1.  a.  For purposes of this section, "identification
  2  9 information" means includes, but is not limited to, the name,
  2 10 address, date of birth, telephone number, driver's license
  2 11 number, nonoperator's identification card number, social
  2 12 security number, student identification number, military
  2 13 identification number, alien identification or citizenship
  2 14 status number, employer identification number, signature,
  2 15 electronic mail signature, electronic identifier or screen
  2 16 name, biometric identifier, genetic identification
  2 17 information, access device, logo, symbol, trademark, place of
  2 18 employment, employee identification number, parent's legal
  2 19 surname prior to marriage, demand deposit account number,
  2 20 savings or checking account number, or credit card number of a
  2 21 person.
  2 22    b.  For purposes of this section, "financial institution"
  2 23 means the same as defined in section 527.2, and includes an
  2 24 insurer organized under Title XIII, subtitle 1, of this Code,
  2 25 or under the laws of any other state or the United States.
  2 26    Sec. 4.  Section 715A.8, Code 2005, is amended by adding
  2 27 the following new subsections:
  2 28    NEW SUBSECTION.  5.  Violations of this section shall be
  2 29 prosecuted in any of the following venues:
  2 30    a.  In the county in which the violation occurred.
  2 31    b.  If the violation was committed in more than one county,
  2 32 or if the elements of the offense were committed in more than
  2 33 one county, then in any county where any violation occurred or
  2 34 where an element of the offense occurred.
  2 35    c.  In the county where the victim resides.
  3  1    d.  In the county where the property that was fraudulently
  3  2 used or attempted to be used was located at the time of the
  3  3 violation.
  3  4    NEW SUBSECTION.  6.  Any real or personal property obtained
  3  5 by a person as a result of a violation of this section,
  3  6 including but not limited to any money, interest, security,
  3  7 claim, contractual right, or financial instrument that is in
  3  8 the possession of the person, shall be subject to seizure and
  3  9 forfeiture pursuant to chapter 809A.  A victim injured by a
  3 10 violation of this section, or a financial institution that has
  3 11 indemnified a victim injured by a violation of this section,
  3 12 may file a claim as an interest holder pursuant to section
  3 13 809A.11 for payment of damages suffered by the victim
  3 14 including costs of recovery and reasonable attorney fees.
  3 15    NEW SUBSECTION.  7.  A financial institution may file a
  3 16 complaint regarding a violation of this section on behalf of a
  3 17 victim and shall have the same rights and privileges as the
  3 18 victim if the financial institution has indemnified the victim
  3 19 for such violations.
  3 20    NEW SUBSECTION.  8.  Upon the request of a victim, a peace
  3 21 officer in any jurisdiction described in subsection 5 shall
  3 22 take a report regarding an alleged violation of this section
  3 23 and shall provide a copy of the report to the victim.  The
  3 24 report may also be provided to any other law enforcement
  3 25 agency in any of the jurisdictions described in subsection 5.
  3 26
  3 27
  3 28                                                             
  3 29                               JOHN P. KIBBIE
  3 30                               President of the Senate
  3 31
  3 32
  3 33                                                             
  3 34                               CHRISTOPHER C. RANTS
  3 35                               Speaker of the House
  4  1
  4  2    I hereby certify that this bill originated in the Senate and
  4  3 is known as Senate File 270, Eighty=first General Assembly.
  4  4
  4  5
  4  6                                                             
  4  7                               MICHAEL E. MARSHALL
  4  8                               Secretary of the Senate
  4  9 Approved                , 2005
  4 10
  4 11
  4 12                                
  4 13 THOMAS J. VILSACK
  4 14 Governor