Bill Text: IA SSB3072 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A study bill for an act relating to the criminal offense of fraudulent practice and making penalties applicable.

Spectrum: Unknown

Status: (N/A - Dead) 2014-01-23 - In Judiciary [SSB3072 Detail]

Download: Iowa-2013-SSB3072-Introduced.html
Senate Study Bill 3072 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to the criminal offense of fraudulent practice 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5293DP (8) 85 jm/nh
S.F. _____ H.F. _____ Section 1. Section 714.9, Code 2014, is amended to read as 1 follows: 2 714.9 Fraudulent practice in the first degree. 3 1. Fraudulent practice in the first degree is a fraudulent 4 practice where the amount of money or value of property or 5 services involved exceeds ten thousand dollars. 6 2. Fraudulent practice in the first degree is a class “C” 7 felony. 8 Sec. 2. Section 714.11, subsection 1, paragraph a, Code 9 2014, is amended to read as follows: 10 a. A fraudulent practice where the amount of money or value 11 of property or service services involved exceeds five hundred 12 dollars but does not exceed one thousand dollars. 13 Sec. 3. Section 714.14, Code 2014, is amended to read as 14 follows: 15 714.14 Value for purposes of fraudulent practices. 16 1. The value of property or service is its highest value by 17 any reasonable standard at the time the fraudulent practice is 18 committed. Reasonable standard includes but is not limited to 19 market value within the community, actual value, or replacement 20 value. 21 2. If money , or property , or a service is obtained by 22 involved in two or more acts of fraudulent practice is from the 23 same person or location, or from different persons by two or 24 more acts which occur in approximately the same location or 25 time period so that the fraudulent practices are attributable 26 to a single scheme, plan, or conspiracy, these acts may be 27 considered as a single fraudulent practice and the value may be 28 the total value of all money, property, and service involved. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the criminal offense of fraudulent 33 practice. 34 The bill modifies the definition of fraudulent practice 35 -1- LSB 5293DP (8) 85 jm/nh 1/ 2
S.F. _____ H.F. _____ in the first degree to include a fraudulent practice where 1 the amount of services involved in the fraud exceeds $10,000. 2 Under current law, fraudulent practice in the first degree 3 does not include the value of a service like other fraudulent 4 practice offenses, but does include a fraudulent practice where 5 the amount of money or value of property exceeds $10,000. A 6 person who commits fraudulent practice in the first degree 7 commits a class “C” felony. A class “C” felony is punishable 8 by confinement for no more than 10 years and a fine of at least 9 $1,000 but not more than $10,000. 10 The bill modifies the definition of fraudulent practice 11 in the fourth degree to conform the terminology with other 12 fraudulent practice offenses in Code chapter 714. 13 The bill also specifies that if money, property, or a service 14 involved in two or more acts of fraudulent practice is from the 15 same person or location, or from different persons by two or 16 more acts which occur in approximately the same location or 17 time period so that the fraudulent practices are attributable 18 to a single scheme, these acts may be considered a single 19 fraudulent practice and the value may be the total value of the 20 money, property, and service involved. 21 A fraudulent practice is defined in Code section 714.8. 22 -2- LSB 5293DP (8) 85 jm/nh 2/ 2
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