S.F. 2327 Section 1. Section 714.16A, subsection 1, paragraph a, Code 1 2014, is amended to read as follows: 2 a. If a person violates section 714.16 , and the violation is 3 committed against an older person, in an action brought by the 4 attorney general, in addition to any other civil penalty, the 5 court may impose an additional civil penalty not to exceed five 6 ten thousand dollars for each such violation. Additionally, 7 the attorney general may accept a civil penalty as determined 8 by the attorney general in settlement of an investigation of a 9 violation of section 714.16 , regardless of whether an action 10 has been filed pursuant to section 714.16 . 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to consumer fraud perpetrated upon an 15 older person. 16 Under the bill, if a person commits a violation of Code 17 section 714.16 (consumer fraud), in addition to any other civil 18 penalty imposed, the court may impose a civil penalty not to 19 exceed $10,000 if the victim of the consumer fraud is 65 years 20 of age or older. 21 A civil penalty imposed by a court pursuant to the bill 22 is deposited in the elderly victim fund established in Code 23 section 714.16A, a separate fund created in the state treasury 24 and administered by the attorney general for the investigation 25 and prosecution of frauds against the elderly. 26 -1- LSB 6052XS (2) 85 jm/rj 1/ 1