House File 521 - Introduced HOUSE FILE BY UPMEYER, BOAL, HEATON, STRUYK, and TJEPKES Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act addressing financial crimes by providing for the 2 establishment of specialized units in the departments of 3 justice and public safety and making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1497YH 82 6 jp/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 13.35 FINANCIAL CRIMES UNIT. 1 2 1. For the purposes of this section, "financial crimes" 1 3 means crimes primarily involving financial matters and 1 4 includes but is not limited to health care fraud, mortgage 1 5 fraud, check fraud, money laundering, telemarketing fraud, 1 6 identity theft, and terrorism financing. 1 7 2. The attorney general shall establish a financial crimes 1 8 unit to address financial crimes in this state. The unit 1 9 shall specialize in prosecuting financial crimes and assisting 1 10 county attorneys in prosecutions of such crimes. The unit 1 11 shall also serve as a statewide resource to educate banks, 1 12 credit unions, and other financial institutions in detecting 1 13 financial crimes. The unit shall work closely with the 1 14 financial crimes unit maintained in the department of public 1 15 safety, division of criminal investigation, pursuant to 1 16 section 80.9. 1 17 3. Implementation of the unit is contingent upon the 1 18 availability of funding. 1 19 Sec. 2. Section 80.9, subsection 2, Code 2007, is amended 1 20 by adding the following new paragraph: 1 21 NEW PARAGRAPH. k. To maintain a financial crimes unit in 1 22 the division of criminal investigation. For the purposes of 1 23 this paragraph, "financial crimes" means the same as defined 1 24 in section 13.35. The unit shall work closely with the 1 25 financial crimes unit established by the attorney general 1 26 pursuant to section 13.35. The unit shall specialize in 1 27 investigating financial crimes and enforcing the laws to 1 28 address financial crimes and shall assist local law 1 29 enforcement in such investigations and enforcement activities. 1 30 Implementation of the unit is contingent upon the availability 1 31 of funding. 1 32 Sec. 3. FINANCIAL CRIMES UNIT == DEPARTMENT OF JUSTICE. 1 33 There is appropriated from the general fund of the state to 1 34 the department of justice for the fiscal year beginning July 1 35 1, 2007, and ending June 30, 2008, the following amount, or so 2 1 much thereof as is necessary, to be used for the purposes 2 2 designated: 2 3 For implementation of the financial crimes unit established 2 4 pursuant to section 13.35, as enacted by this Act: 2 5 .................................................. $ 250,000 2 6 Sec. 4. FINANCIAL CRIMES UNIT == DEPARTMENT OF PUBLIC 2 7 SAFETY. There is appropriated from the general fund of the 2 8 state to the department of public safety for the fiscal year 2 9 beginning July 1, 2007, and ending June 30, 2008, the 2 10 following amount, or so much thereof as is necessary, to be 2 11 used for the purposes designated: 2 12 For implementation of the financial crimes unit established 2 13 pursuant to section 80.9, as amended by this Act: 2 14 .................................................. $ 250,000 2 15 EXPLANATION 2 16 This bill relates to financial crimes by providing for the 2 17 establishment of specialized units in the departments of 2 18 justice and public safety. 2 19 New Code section 13.35 requires the attorney general to 2 20 establish a financial crimes unit in the department of justice 2 21 to prosecute and assist county attorneys in the prosecution of 2 22 such crimes. In addition, the unit is required to work with 2 23 financial institutions in detecting financial crimes and with 2 24 the financial crimes unit established in the department of 2 25 public safety pursuant to the bill. The term "financial 2 26 crimes" is defined to mean crimes primarily involving 2 27 financial matters and includes but is not limited to health 2 28 care fraud, mortgage fraud, check fraud, money laundering, 2 29 telemarketing fraud, identity theft, and terrorism financing. 2 30 Code section 80.9, relating to the duties of the department 2 31 of public safety, is amended to require the department to 2 32 maintain a financial crimes unit to specialize in 2 33 investigating financial crimes and enforcing the laws to 2 34 address financial crimes and to assist local law enforcement 2 35 in such investigations and enforcement activities. The 3 1 definition of the term "financial crimes" used in new Code 3 2 section 13.35 is incorporated by reference. 3 3 Implementation of both units is made subject to the 3 4 availability of funding. The bill provides FY 2007=2008 3 5 appropriations from the general fund of the state to both 3 6 departments for purposes of the units. 3 7 LSB 1497YH 82 3 8 jp:nh/je/5