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
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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
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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
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