Senate File 2287 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act subjecting vital records violations to identity theft
  2    penalties under specified circumstances.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6300XS 82
  5 rn/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  144.53A  VIOLATIONS CONSTITUTING
  1  2 IDENTITY THEFT.
  1  3    In addition to the penalties imposed pursuant to sections
  1  4 144.52 and 144.53, a person who violates any provision of this
  1  5 chapter relating to preparing, applying for, or receiving a
  1  6 report, record, certificate, or certified copy thereof, if
  1  7 such violation constitutes identity theft pursuant to section
  1  8 715A.8, shall be subject to the penalty provisions of section
  1  9 715A.8, subsections 3 and 4.
  1 10                           EXPLANATION
  1 11    This bill provides that if a person violates a provision of
  1 12 Code chapter 144 relating to the issuance of vital records,
  1 13 and that violation constitutes identity theft pursuant to Code
  1 14 section 715A.8, the person shall, in addition to any penalties
  1 15 otherwise imposed, be subject to the penalty provisions for
  1 16 identity theft violations.  Specifically, an identity theft
  1 17 violation where the value of credit, property, or services
  1 18 involved exceeds $1,000 is a class "D" felony; a violation
  1 19 where the value of credit, property, or services involved does
  1 20 not exceed $1,000 is an aggravated misdemeanor; and in both
  1 21 instances violations are considered an unlawful practice under
  1 22 Code section 714.16.  That Code section contains provisions
  1 23 including a civil penalty of up to $40,000 per violation.
  1 24 LSB 6300XS 82
  1 25 rn/nh/5.1