Bill Text: IA SSB3122 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the criminal offense of identity theft, and providing penalties.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-18 - Voted - Judiciary. [SSB3122 Detail]
Download: Iowa-2015-SSB3122-Introduced.html
Senate
Study
Bill
3122
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
identity
theft,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
715A.8,
subsection
3,
Code
2016,
is
1
amended
to
read
as
follows:
2
3.
a.
If
the
value
of
the
credit,
property,
or
services
,
3
or
other
benefit
exceeds
one
ten
thousand
dollars,
the
person
4
commits
a
class
“D”
“C”
felony.
5
b.
If
the
value
of
the
credit,
property,
or
services
,
or
6
other
benefit
exceeds
one
thousand
dollars
but
does
not
exceed
7
ten
thousand
dollars,
the
person
commits
a
class
“D”
felony.
8
c.
If
the
value
of
the
credit,
property,
services,
or
9
other
benefit
does
not
exceed
one
thousand
dollars,
the
person
10
commits
an
aggravated
misdemeanor.
11
Sec.
2.
Section
715A.9,
Code
2016,
is
amended
to
read
as
12
follows:
13
715A.9
Value
for
purposes
of
identity
theft.
14
1.
The
value
of
credit,
property
,
or
services
,
or
other
15
benefit
obtained
is
its
highest
value
by
any
reasonable
16
standard
at
the
time
the
identity
theft
is
committed.
Any
17
reasonable
standard
includes
but
is
not
limited
to
market
value
18
within
the
community,
actual
value,
or
replacement
value.
19
2.
If
credit,
property,
or
services
are
,
or
other
benefit
is
20
obtained
by
two
or
more
acts
from
the
same
person
or
location,
21
or
from
different
persons
by
two
or
more
acts
which
occur
in
22
approximately
the
same
location
or
time
period
so
that
the
23
identity
thefts
are
attributable
to
a
single
scheme,
plan,
or
24
conspiracy,
the
acts
may
be
considered
as
a
single
identity
25
theft
and
the
value
may
be
the
total
value
of
all
credit,
26
property,
and
services
,
and
other
benefit
involved.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
criminal
offense
of
identity
theft.
31
Current
law
provides
that
a
person
commits
identity
theft
32
when
a
person
fraudulently
uses
or
attempts
to
fraudulently
use
33
identification
information
of
another
person,
with
the
intent
34
to
obtain
credit,
property,
services,
or
other
benefit.
35
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_____
The
bill
adds
the
term
“other
benefit”
to
the
penalty
1
language
in
Code
section
715A.8(3)
to
align
the
language
with
2
the
elements
of
the
crime
of
identity
theft
in
Code
section
3
715A.8(2).
4
The
bill
also
aligns
the
language
in
Code
section
715A.9
5
relating
to
the
calculation
of
the
value
of
the
identity
theft
6
with
the
language
in
Code
section
715A.8.
7
The
bill
also
enhances
the
penalty
for
identity
theft
if
8
the
value
of
the
credit,
property,
services,
or
other
benefit
9
obtained
through
identity
theft
exceeds
$10,000.
Under
the
10
bill,
a
person
commits
a
class
“C”
felony
if
the
value
exceeds
11
$10,000.
The
bill
does
not
change
the
criminal
penalty
for
12
identity
theft
where
the
value
of
the
benefit
obtained
is
13
$10,000
or
less.
If
the
value
exceeds
$1,000
but
does
not
14
exceed
$10,000,
the
penalty
remains
a
class
“D”
felony
and
15
if
the
value
does
not
exceed
$1,000,
the
penalty
remains
an
16
aggravated
misdemeanor.
17
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
18
than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
than
19
$10,000.
A
class
“D”
felony
is
punishable
by
confinement
for
20
no
more
than
five
years
and
a
fine
of
at
least
$750
but
not
21
more
than
$7,500.
An
aggravated
misdemeanor
is
punishable
by
22
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
23
$625
but
not
more
than
$6,250.
24
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