S.F. 347 Section 1. NEW SECTION . 692.23 Bail bond information 1 business —— removal of criminal history data —— civil action. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Bail bond information business” means the business of 5 publishing or otherwise disseminating criminal history data 6 through a publicly accessible print or electronic medium, but 7 shall not include the business of any public body or agency. 8 b. “Person” means an individual, partnership, corporation, 9 or other business entity. 10 c. “Resident” means a person as defined in section 483A.1A. 11 2. A person engaged in the bail bond information business 12 shall not solicit or accept a fee or other form of payment for 13 the removal, correction, or modification of criminal history 14 data published or disseminated by the person in the course of 15 the person’s business. 16 3. a. A resident whose criminal history data is published 17 or otherwise disseminated by a person engaged in the bail bond 18 information business may submit a written request to such 19 person to remove the resident’s criminal history data from the 20 publicly accessible print or electronic medium through which 21 such data is published or otherwise disseminated. 22 b. A person engaged in the bail bond information business 23 shall, upon receipt of a written request for removal pursuant 24 to paragraph “a” , remove the resident’s criminal history data 25 from the publicly accessible print or electronic medium through 26 which such data is published or otherwise disseminated within 27 ten calendar days after receiving the written request for 28 removal. 29 4. In lieu of the remedies provided in section 692.6, a 30 resident whose criminal history data is published or otherwise 31 disseminated by a person engaged in the bail bond information 32 business may bring a civil action to enjoin the continued 33 publication or dissemination of the criminal history data if 34 the data is not removed from the publicly accessible print 35 -1- LSB 2162SS (4) 87 gh/nh 1/ 3

S.F. 347 or electronic medium through which such data is published or 1 otherwise disseminated within ten calendar days after receipt 2 of a written request for its removal. The court may impose a 3 civil penalty not to exceed one thousand dollars for each day 4 of noncompliance with an injunction and shall award reasonable 5 attorney fees and court costs related to the issuance of the 6 injunction. 7 5. Notwithstanding subsection 4, a violation of this 8 section constitutes an unlawful practice pursuant to section 9 714.16. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides for the removal of criminal history data 14 published or disseminated by bail bond information businesses 15 from publicly accessible mediums. 16 The bill defines “bail bond information business” to mean 17 the business of publishing or otherwise disseminating criminal 18 history data through a publicly accessible print or electronic 19 medium, but not including the business of any public body or 20 agency. 21 The bill prohibits a person engaged in the bail bond 22 information business from soliciting or accepting a fee 23 or other form of payment for the removal, correction, or 24 modification of criminal history data published or disseminated 25 by the person. The bill provides that a resident whose 26 criminal history data is published or disseminated by a person 27 engaged in the bail bond information business may submit 28 a written request to such person to remove the resident’s 29 criminal history data from the publicly accessible print or 30 electronic medium through which such data is published or 31 disseminated. A person engaged in the bail bond information 32 business shall remove a resident’s criminal history data from 33 such medium within 10 calendar days of receiving a written 34 request from the resident. 35 -2- LSB 2162SS (4) 87 gh/nh 2/ 3

S.F. 347 The bill provides that, in lieu of the remedies provided 1 in Code section 692.6, a resident whose criminal history 2 data is not removed from the publicly accessible print or 3 electronic medium through which the data is published or 4 disseminated within 10 days of the receipt of a written request 5 may bring a civil action to enjoin the continued publication 6 or dissemination of such data. The court may impose a civil 7 penalty not to exceed $1,000 for each day of noncompliance with 8 an injunction and shall award reasonable attorney fees and 9 court costs. 10 A violation of the bill also constitutes an unlawful 11 practice under Code section 714.16, relating to consumer 12 frauds. Pursuant to Code section 714.16, the attorney 13 general may investigate, issue subpoenas, and commence 14 civil proceedings seeking restraining orders or injunctions 15 prohibiting persons from engaging in unlawful practices 16 or seeking termination of the business affairs of a person 17 engaging in unlawful practices. In addition, a civil penalty 18 of up to $40,000 per violation may be imposed by a court 19 against a person found to have committed an unlawful practice. 20 -3- LSB 2162SS (4) 87 gh/nh 3/ 3