SF 2307 (LSB 6130XS (3) 90)

SENATE FILE 2307

BY  BOUSSELOT

A BILL FOR

An Act relating to private investigative agencies and security agents, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80A.16, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   A person who does any of the following is guilty of a fraudulent practice under section 714.8, subsection 22:
    Sec. 2.  Section 80A.16, subsection 3, Code 2024, is amended to read as follows:
   3.  A person who is subject to the licensing requirements of this chapter and who engages in a private investigation or private security business as defined in this chapter, without possessing a current valid license as provided by this chapter, is guilty of a serious misdemeanor class “D” felony.
    Sec. 3.  Section 80A.17, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The commissioner shall make available on the department’s internet site a list of the names of all licensees, including the names of owners, corporate officers, and directors.
    Sec. 4.  Section 714.8, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  22.  Makes a false statement or representation in an application or statement filed with the commissioner of public safety pursuant to chapter 80A, falsely states, represents, or fails to disclose that the person has been or is a private investigator, private security agent, or bail enforcement agent, or falsely advertises that the person is a licensed private investigator, private security agent, or bail enforcement agent as provided in section 80A.16, subsection 2.
    Sec. 5.  Section 714.11, subsection 1, paragraph b, Code 2024, is amended to read as follows:
   b.  A fraudulent practice as set forth in section 714.8, subsections 2, 8, 9, and 21, and 22.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to private investigative agencies and security agents.
   Current law provides that a person who makes a false statement in an application for a license as a private investigative agency or security agent filed with the commissioner of public safety, who falsely states, represents, or fails to disclose that the person has been or is a private investigator, private security agent, or bail enforcement agent, or who falsely advertises that the person is a licensed private investigator, private security agent, or bail enforcement agent, is guilty of a fraudulent practice.
   The bill provides that a person who does any of the above is guilty of a fraudulent practice under Code section 714.8(22). The bill adds the commission of a fraudulent practice under Code section 714.8(22) to Code section 714.11(1)(b) (fraudulent practice in the third degree), which is an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
   The bill provides that a person who is subject to the licensing requirements of Code chapter 80A and who engages in a private investigation or private security business without possessing a current valid license is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill provides that the commissioner of the department of public safety shall make available on the department’s internet site a list of the names of all licensees, including the names of owners, corporate officers, and directors.