Senate File 2307 - Introduced SENATE FILE 2307 BY BOUSSELOT A BILL FOR An Act relating to private investigative agencies and security 1 agents, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6130XS (3) 90 as/js

S.F. 2307 Section 1. Section 80A.16, subsection 2, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 A person who does any of the following is guilty of a 3 fraudulent practice under section 714.8, subsection 22 : 4 Sec. 2. Section 80A.16, subsection 3, Code 2024, is amended 5 to read as follows: 6 3. A person who is subject to the licensing requirements 7 of this chapter and who engages in a private investigation or 8 private security business as defined in this chapter , without 9 possessing a current valid license as provided by this chapter , 10 is guilty of a serious misdemeanor class “D” felony . 11 Sec. 3. Section 80A.17, Code 2024, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3. The commissioner shall make available 14 on the department’s internet site a list of the names of all 15 licensees, including the names of owners, corporate officers, 16 and directors. 17 Sec. 4. Section 714.8, Code 2024, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 22. Makes a false statement or 20 representation in an application or statement filed with the 21 commissioner of public safety pursuant to chapter 80A, falsely 22 states, represents, or fails to disclose that the person has 23 been or is a private investigator, private security agent, 24 or bail enforcement agent, or falsely advertises that the 25 person is a licensed private investigator, private security 26 agent, or bail enforcement agent as provided in section 80A.16, 27 subsection 2. 28 Sec. 5. Section 714.11, subsection 1, paragraph b, Code 29 2024, is amended to read as follows: 30 b. A fraudulent practice as set forth in section 714.8, 31 subsections 2, 8, 9, and 21 , and 22 . 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 6130XS (3) 90 as/js 1/ 2

S.F. 2307 This bill relates to private investigative agencies and 1 security agents. 2 Current law provides that a person who makes a false 3 statement in an application for a license as a private 4 investigative agency or security agent filed with the 5 commissioner of public safety, who falsely states, represents, 6 or fails to disclose that the person has been or is a private 7 investigator, private security agent, or bail enforcement 8 agent, or who falsely advertises that the person is a licensed 9 private investigator, private security agent, or bail 10 enforcement agent, is guilty of a fraudulent practice. 11 The bill provides that a person who does any of the above is 12 guilty of a fraudulent practice under Code section 714.8(22). 13 The bill adds the commission of a fraudulent practice under 14 Code section 714.8(22) to Code section 714.11(1)(b) (fraudulent 15 practice in the third degree), which is an aggravated 16 misdemeanor. An aggravated misdemeanor is punishable by 17 confinement for no more than two years and a fine of at least 18 $855 but not more than $8,540. 19 The bill provides that a person who is subject to the 20 licensing requirements of Code chapter 80A and who engages in 21 a private investigation or private security business without 22 possessing a current valid license is guilty of a class “D” 23 felony. A class “D” felony is punishable by confinement for no 24 more than five years and a fine of at least $1,025 but not more 25 than $10,245. 26 The bill provides that the commissioner of the department of 27 public safety shall make available on the department’s internet 28 site a list of the names of all licensees, including the names 29 of owners, corporate officers, and directors. 30 -2- LSB 6130XS (3) 90 as/js 2/ 2