Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 121 - Bail Enforcement, Private Investigation, and Private Security Businesses › Rule 661-121.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter unless the context otherwise
				requires:
"Aggravated misdemeanor "
means an offense so
				defined in the Iowa Code or an offense committed in another jurisdiction with a
				penalty of imprisonment for two years or more.
"Applicant"
means any person applying to the
				commissioner for a license or a permanent identification card.
"Background investigation "
means the actions
				taken by the department to verify that the applicant for a license or employee
				identification card meets the requirements. Such actions include, but are not
				limited to, inquiries to the Iowa on-line warrants and articles (IOWA) criminal
				justice information system for outstanding arrest warrants, active protection
				orders, sex offender registry records and Iowa criminal history records. A
				background investigation shall also include the submission of fingerprints of
				the applicant to the FBI for a nationwide criminal history record check.
"Bail enforcement agent"
means a person
				engaged in the bail enforcement business, including licensees and persons
				engaged in the bail enforcement business whose principal place of business is
				in a state other than Iowa.
"Bail enforcement business"
means the business
				of taking or attempting to take into custody the principal on a bail bond
				issued or a deposit filed in relation to a criminal proceeding to ensure the
				presence of the defendant at trial, but does not include such actions that are
				undertaken by a peace officer or law enforcement officer in the course of the
				officer's official duties.
"Chief law enforcement officer "
means the
				county sheriff, or the sheriff's designee, in the county where the defendant is
				located, or the chief of police, or the chief's designee, when the defendant is
				located within the city limits of a city or town which has a police
				force.
"Commissioner"
means the commissioner of the
				department of public safety or the commissioner's authorized designee.
"Conviction resulting from domestic abuse "
means a conviction at any level in any jurisdiction if the conviction has, as
				an element, the use or attempted use of physical force, or the threatened use
				of a deadly weapon, committed by a current or former spouse, parent or guardian
				of the victim, by a person with whom the victim shares a child in common, by a
				person who is cohabiting with or has cohabited with the victim as a spouse,
				parent or guardian, or by a person similarly situated to a spouse, parent, or
				guardian of the victim. Applicable convictions may include, but are not limited
				to, crimes of assault, domestic assault, domestic abuse assault, battery,
				disorderly conduct and other crimes meeting this definition.
"Defendant"
means the principal on a bail bond
				issued or deposit filed in relation to a criminal proceeding in order to ensure
				the presence of the defendant at trial.
"Department"
means the department of public
				safety.
"Duplicate license "
means a license that is
				issued to substitute for a license that has been lost or destroyed, except that
				a "duplicate license" shall not mean a "replacement license" as defined
				herein.
"Felony"
means an offense defined as a felony
				by the jurisdiction in which the offense was committed.
"Licensee "
means a person licensed under this
				chapter.
"Moral turpitude "
is an act of baseness,
				vileness, or depravity or conduct which is contrary to justice, honesty, or
				good morals. Examples of moral turpitude may include, but are not limited to,
				the following:
1. Any act or pattern
			 of conduct involving dishonesty, fraud, or deception;
2. Any act of conducting a bail enforcement,
			 private investigative or private security business in violation of Iowa Code
			 chapter 80A, whether in Iowa or another jurisdiction, or a determination from
			 another jurisdiction that the individual or entity has violated the bail
			 enforcement, private investigative, or private security laws, rules, or
			 regulations of that jurisdiction;
3. Any act or pattern of conduct of
			 harassment or stalking;
4. Any
			 criminal act of sexual misconduct;
5. Any illegal act of selling, delivery,
			 possession with intent to deliver, or manufacturing drugs;
6. Conviction resulting from domestic
			 abuse.
"Peace officer"
means any such individual as
				designated by Iowa Code section
				801.4, subsection
				11.
"Person "
means an individual, partnership,
				corporation, or other business entity.
"Private investigation business "
means the
				business of making, for hire or reward, an investigation for the purpose of
				obtaining information on any of the following matters:
1. Crimes or wrongs which are committed or
			 threatened.
2. The habits, conduct,
			 movements, whereabouts, associations, transactions, reputation, or character of
			 a person.
3. The credibility of
			 witnesses or other persons.
4. The
			 location or recovery of lost or stolen property.
5. The cause or origin of or responsibility
			 for fires, accidents, or injuries to property.
6. The truth or falsity of a statement or
			 representation.
7. The detection of
			 deception.
8. The securing of
			 evidence to be used before authorized investigating committees, boards of award
			 or arbitration, or in the trial of civil or criminal cases.
9. The locating of owners or heirs of
			 unclaimed funds.
"Private investigative agency"
means a person
				engaged in a private investigation business.
"Private security agency"
means a person
				engaged in a private security business.
"Private security business"
means a business
				of furnishing, for hire or reward, guards, watch personnel, armored car
				personnel, patrol personnel, or other persons to protect persons or property,
				to prevent the unlawful taking of goods and merchandise, or to prevent the
				misappropriation or concealment of goods, merchandise, money, securities, or
				other valuable documents or papers, and includes an individual who for hire
				patrols, watches, or guards a residential, industrial, or business property or
				district.
"Proof of financial responsibility"
means
				proof of the ability of a licensee to respond in damages for liability on
				account of accidents or wrongdoings occurring subsequent to the effective date
				of the proof, arising out of ownership and operation of a bail enforcement
				business, private security business or a private investigation business.
"Replacement license "
means a license that is
				issued to substitute for a license that has been lost or destroyed as a result
				of damage from flooding, storms or other conditions which form a basis for
				issuance of a disaster emergency proclamation by the governor pursuant to Iowa
				Code section
				29C.6.
"Reserve peace officer "
means a volunteer,
				nonregular, sworn member of a law enforcement agency who serves under the
				direction of regular peace officers with or without compensation, has regular
				police powers while functioning as a law enforcement agency's representative,
				and participates on a regular basis in the law enforcement agency's activities
				including crime prevention and control, preservation of the peace, and
				enforcement of law.
"Uniform "
means a manner of dress which is of
				a particular style and distinctive appearance as distinguished from ordinary
				clothing customarily used and worn by the general public and which clearly
				identifies the person as an employee of a licensed agency.