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