House File 612 - Introduced
HOUSE FILE
BY COMMITTEE ON COMMERCE,
REGULATION AND LABOR
(SUCCESSOR TO HSB 210)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to identity theft including criminal violations
2 and damages recoverable in a civil action, providing for
3 forfeiture of property and for certain rights of financial
4 institutions, and providing for civil remedies.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2371HV 81
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PAG LIN
1 1 Section 1. NEW SECTION. 614.4A IDENTITY THEFT.
1 2 In actions for relief on the ground of identity theft under
1 3 section 714.16B, the cause of action shall not be deemed to
1 4 have accrued until the identity theft complained of is
1 5 discovered by the party aggrieved.
1 6 Sec. 2. Section 714.16B, Code 2005, is amended to read as
1 7 follows:
1 8 714.16B IDENTITY THEFT == CIVIL CAUSE OF ACTION.
1 9 In addition to any other remedies provided by law, a person
1 10 as defined under section 714.16, subsection 1, suffering a
1 11 pecuniary loss as a result of an identity theft by another
1 12 person under section 715A.8, or a financial institution on
1 13 behalf of an account holder suffering a pecuniary loss as a
1 14 result of an identity theft by another person under section
1 15 715A.8, may bring an action against such other person to
1 16 recover all of the following:
1 17 1. One Five thousand dollars or three times the actual
1 18 damages, whichever is greater.
1 19 2. Reasonable costs incurred due to the violation of
1 20 section 715A.8, including all of the following:
1 21 a. Costs for repairing the victim's credit history or
1 22 credit rating.
1 23 b. Costs incurred for bringing a civil or administrative
1 24 proceeding to satisfy a debt, lien, judgment, or other
1 25 obligation of the victim.
1 26 c. Punitive damages, attorney fees, and court costs.
1 27 For purposes of this section, "financial institution" means
1 28 the same as defined in section 527.2, and includes an insurer
1 29 organized under Title XIII, subtitle 1, of this Code, or under
1 30 the laws of any other state or the United States.
1 31 Sec. 3. Section 715A.8, subsection 1, Code 2005, is
1 32 amended to read as follows:
1 33 1. a. For purposes of this section, "identification
1 34 information" means includes, but is not limited to, the name,
1 35 address, date of birth, telephone number, driver's license
2 1 number, nonoperator's identification card number, social
2 2 security number, student identification number, military
2 3 identification number, alien identification or citizenship
2 4 status number, employer identification number, signature,
2 5 electronic mail signature, electronic identifier or screen
2 6 name, biometric identifier, genetic identification
2 7 information, access device, logo, symbol, trademark, place of
2 8 employment, employee identification number, parent's legal
2 9 surname prior to marriage, demand deposit account number,
2 10 savings or checking account number, or credit card number of a
2 11 person.
2 12 b. For purposes of this section, "financial institution"
2 13 means the same as defined in section 527.2, and includes an
2 14 insurer organized under Title XIII, subtitle 1, of this Code,
2 15 or under the laws of any other state or the United States.
2 16 Sec. 4. Section 715A.8, Code 2005, is amended by adding
2 17 the following new subsections:
2 18 NEW SUBSECTION. 5. Violations of this section shall be
2 19 prosecuted in any of the following venues:
2 20 a. In the county in which the violation occurred.
2 21 b. If the violation was committed in more than one county,
2 22 or if the elements of the offense were committed in more than
2 23 one county, then in any county where any violation occurred or
2 24 where an element of the offense occurred.
2 25 c. In the county where the victim resides.
2 26 d. In the county where the property that was fraudulently
2 27 used or attempted to be used was located at the time of the
2 28 violation.
2 29 NEW SUBSECTION. 6. Any real or personal property obtained
2 30 by a person as a result of a violation of this section,
2 31 including but not limited to any money, interest, security,
2 32 claim, contractual right, or financial instrument that is in
2 33 the possession of the person, shall be subject to seizure and
2 34 forfeiture pursuant to chapter 809A. A victim injured by a
2 35 violation of this section, or a financial institution that has
3 1 indemnified a victim injured by a violation of this section,
3 2 may file a claim as an interest holder pursuant to section
3 3 809A.11 for payment of damages suffered by the victim
3 4 including costs of recovery and reasonable attorney fees.
3 5 NEW SUBSECTION. 7. A financial institution may file a
3 6 complaint regarding a violation of this section on behalf of a
3 7 victim and shall have the same rights and privileges as the
3 8 victim if the financial institution has indemnified the victim
3 9 for such violations.
3 10 NEW SUBSECTION. 8. Upon the request of a victim, a peace
3 11 officer in any jurisdiction described in subsection 5 shall
3 12 take a report regarding an alleged violation of this section
3 13 and shall provide a copy of the report to the victim. The
3 14 report may also be provided to any other law enforcement
3 15 agency in any of the jurisdictions described in subsection 5.
3 16 EXPLANATION
3 17 This bill relates to the offense of identity theft,
3 18 including providing for civil causes of action, and the rights
3 19 of financial institutions regarding violations.
3 20 The bill expands the definition of "identification
3 21 information" to include a student or military identification
3 22 number, alien or citizenship number, employer identification
3 23 number, signature or electronic signature, electronic
3 24 identifier or screen name, biometric identifier, genetic
3 25 identification information, access device, logo, symbol, or
3 26 trademark. The bill provides a definition of "financial
3 27 institution".
3 28 The bill describes the appropriate venues in which
3 29 violations may be prosecuted. The bill provides that any
3 30 property obtained by a person as a result of identity theft
3 31 that is in the possession of the person is subject to seizure
3 32 and forfeiture pursuant to Code chapter 809A. Either a
3 33 victim, or a financial institution that has indemnified a
3 34 victim, may act as an interest holder and file a claim for
3 35 forfeited property for the payment of damages suffered by the
4 1 victim due to the violation.
4 2 The bill provides that a financial institution may file a
4 3 complaint of identity theft on behalf of a victim. A peace
4 4 officer shall take a complaint in a report of identity theft
4 5 at the request of a victim and provide a copy of the report to
4 6 the victim. The peace officer may also provide copies of the
4 7 report to a law enforcement agency in another jurisdiction
4 8 with proper venue.
4 9 The bill provides that a financial institution may file a
4 10 civil action on behalf of an account holder who has suffered a
4 11 loss of money due to identity theft. The civil action filed
4 12 by or on behalf of a victim may seek certain damages described
4 13 by the bill. The bill increases the amount of statutory
4 14 damages available from $1,000 or three times the actual
4 15 damages to $5,000 or three times the actual damages, and
4 16 provides for the recovery of costs for the repair of a
4 17 victim's credit history, costs incurred for bringing an action
4 18 to satisfy an obligation of the victim, and for punitive
4 19 damages. Current law already provides for recovery of
4 20 attorney fees and court costs.
4 21 The bill provides that for the purpose of determining the
4 22 statute of limitations period for civil actions to recover
4 23 losses incurred due to identity theft, the limitations period
4 24 shall not begin to run until the victim discovers the identity
4 25 theft.
4 26 LSB 2371HV 81
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