Bill Text: IA SSB1090 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A study bill for an act relating to identity theft, and providing a penalty.

Spectrum: Unknown

Status: (N/A - Dead) 2013-01-29 - Judiciary: Sodders Chair,Hogg, and Schneider. [SSB1090 Detail]

Download: Iowa-2013-SSB1090-Introduced.html
Senate Study Bill 1090 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to identity theft, and providing a penalty. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1820XC (2) 85 rn/nh
S.F. _____ Section 1. Section 715A.8, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. Notwithstanding subsection 2, a 3 person of the applicable age indicated in this subsection who 4 knowingly takes, purchases, manufactures, records, possesses, 5 uses, or attempts to take, purchase, manufacture, record, 6 possess, or use identification information of another person 7 or entity for the following purposes may be considered to have 8 violated the applicable statute or ordinance governing such 9 purposes but shall not be considered to have committed any 10 offense of identity theft under this section: 11 a. Possession or purchase of alcohol by a person under the 12 age of twenty-one. 13 b. Entry by a person under the age of twenty-one onto the 14 premises of an establishment where one may purchase alcoholic 15 beverages as defined in section 123.3 for consumption on the 16 premises and in which the serving of food is only incidental to 17 the consumption of those beverages. 18 c. Entry by a person under the age of seventeen onto the 19 premises of a motion picture theater for the viewing of a 20 motion picture which is prohibited to be viewed by persons 21 under the age of seventeen. 22 d. Possession or purchase of cigarettes or tobacco products 23 by a person under the age of eighteen. 24 e. Entry by a person under the age of twenty-one onto the 25 premises of a racetrack, excursion boat, or gambling structure. 26 f. Entry by a person under the age of eighteen onto 27 the premises of a business establishment other than an 28 establishment identified in paragraph “b” , “c” , or “e” where 29 such entry is prohibited by persons under the age of eighteen. 30 g. Obtaining employment in violation of chapter 92. 31 Sec. 2. Section 715A.8, subsection 3, Code 2013, is amended 32 by striking the subsection and inserting in lieu thereof the 33 following: 34 3. A person who violates this section commits a class “D” 35 -1- LSB 1820XC (2) 85 rn/nh 1/ 2
S.F. _____ felony. 1 EXPLANATION 2 This bill relates to the offense of identity theft. 3 The bill provides that persons of specified ages who 4 knowingly take, purchase, manufacture, record, possess, or use 5 identification information, or who attempt to do so, for a 6 designated list of offenses may be considered to have violated 7 the applicable statute or ordinance relating to that offense, 8 but shall not be considered to have committed identify theft 9 under Code section 715A.8. The offenses in general relate to 10 underage possession of alcohol, underage entry onto premises 11 where alcohol is served, underage entry onto the premises of 12 a motion picture, underage possession or purchase of tobacco, 13 underage entry onto the premises of a gambling establishment, 14 underage entry onto the premises of any other business 15 establishment with age restrictions attached, and obtaining 16 employment in violation of child labor laws specified in Code 17 chapter 92. 18 The bill additionally states that a violation of the 19 identity theft provisions in Code section 715A.8 constitutes 20 a class “D” felony. Currently, the Code section specifies 21 that if the value of credit, property, or services for which 22 identity theft was utilized exceeds $1,000, the violation 23 constitutes a class “D” felony, and if below that amount the 24 violation constitutes an aggravated misdemeanor. A class “D” 25 felony is punishable by confinement for no more than five years 26 and a fine of at least $750 but not more than $7,500. 27 -2- LSB 1820XC (2) 85 rn/nh 2/ 2
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