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
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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.
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