Bill Text: IA SF347 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the removal of criminal history data by bail bond information businesses, and including civil penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Dawson, Garrett, and Taylor. S.J. 426. [SF347 Detail]
Download: Iowa-2017-SF347-Introduced.html
Senate File 347 - Introduced SENATE FILE BY DANIELSON A BILL FOR 1 An Act providing for the removal of criminal history data 2 by bail bond information businesses, and including civil 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2162SS (4) 87 gh/nh PAG LIN 1 1 Section 1. NEW SECTION. 692.23 Bail bond information 1 2 business == removal of criminal history data == civil action. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Bail bond information business" means the business of 1 6 publishing or otherwise disseminating criminal history data 1 7 through a publicly accessible print or electronic medium, but 1 8 shall not include the business of any public body or agency. 1 9 b. "Person" means an individual, partnership, corporation, 1 10 or other business entity. 1 11 c. "Resident" means a person as defined in section 483A.1A. 1 12 2. A person engaged in the bail bond information business 1 13 shall not solicit or accept a fee or other form of payment for 1 14 the removal, correction, or modification of criminal history 1 15 data published or disseminated by the person in the course of 1 16 the person's business. 1 17 3. a. A resident whose criminal history data is published 1 18 or otherwise disseminated by a person engaged in the bail bond 1 19 information business may submit a written request to such 1 20 person to remove the resident's criminal history data from the 1 21 publicly accessible print or electronic medium through which 1 22 such data is published or otherwise disseminated. 1 23 b. A person engaged in the bail bond information business 1 24 shall, upon receipt of a written request for removal pursuant 1 25 to paragraph "a", remove the resident's criminal history data 1 26 from the publicly accessible print or electronic medium through 1 27 which such data is published or otherwise disseminated within 1 28 ten calendar days after receiving the written request for 1 29 removal. 1 30 4. In lieu of the remedies provided in section 692.6, a 1 31 resident whose criminal history data is published or otherwise 1 32 disseminated by a person engaged in the bail bond information 1 33 business may bring a civil action to enjoin the continued 1 34 publication or dissemination of the criminal history data if 1 35 the data is not removed from the publicly accessible print 2 1 or electronic medium through which such data is published or 2 2 otherwise disseminated within ten calendar days after receipt 2 3 of a written request for its removal. The court may impose a 2 4 civil penalty not to exceed one thousand dollars for each day 2 5 of noncompliance with an injunction and shall award reasonable 2 6 attorney fees and court costs related to the issuance of the 2 7 injunction. 2 8 5. Notwithstanding subsection 4, a violation of this 2 9 section constitutes an unlawful practice pursuant to section 2 10 714.16. 2 11 EXPLANATION 2 12 The inclusion of this explanation does not constitute agreement with 2 13 the explanation's substance by the members of the general assembly. 2 14 This bill provides for the removal of criminal history data 2 15 published or disseminated by bail bond information businesses 2 16 from publicly accessible mediums. 2 17 The bill defines "bail bond information business" to mean 2 18 the business of publishing or otherwise disseminating criminal 2 19 history data through a publicly accessible print or electronic 2 20 medium, but not including the business of any public body or 2 21 agency. 2 22 The bill prohibits a person engaged in the bail bond 2 23 information business from soliciting or accepting a fee 2 24 or other form of payment for the removal, correction, or 2 25 modification of criminal history data published or disseminated 2 26 by the person. The bill provides that a resident whose 2 27 criminal history data is published or disseminated by a person 2 28 engaged in the bail bond information business may submit 2 29 a written request to such person to remove the resident's 2 30 criminal history data from the publicly accessible print or 2 31 electronic medium through which such data is published or 2 32 disseminated. A person engaged in the bail bond information 2 33 business shall remove a resident's criminal history data from 2 34 such medium within 10 calendar days of receiving a written 2 35 request from the resident. 3 1 The bill provides that, in lieu of the remedies provided 3 2 in Code section 692.6, a resident whose criminal history 3 3 data is not removed from the publicly accessible print or 3 4 electronic medium through which the data is published or 3 5 disseminated within 10 days of the receipt of a written request 3 6 may bring a civil action to enjoin the continued publication 3 7 or dissemination of such data. The court may impose a civil 3 8 penalty not to exceed $1,000 for each day of noncompliance with 3 9 an injunction and shall award reasonable attorney fees and 3 10 court costs. 3 11 A violation of the bill also constitutes an unlawful 3 12 practice under Code section 714.16, relating to consumer 3 13 frauds. Pursuant to Code section 714.16, the attorney 3 14 general may investigate, issue subpoenas, and commence 3 15 civil proceedings seeking restraining orders or injunctions 3 16 prohibiting persons from engaging in unlawful practices 3 17 or seeking termination of the business affairs of a person 3 18 engaging in unlawful practices. In addition, a civil penalty 3 19 of up to $40,000 per violation may be imposed by a court 3 20 against a person found to have committed an unlawful practice. LSB 2162SS (4) 87 gh/nh
