SENATE DOCKET, NO. 1817        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 91

The Commonwealth of Massachusetts

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PRESENTED BY:

Sonia Chang-Diaz

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regarding identity fraud..

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PETITION OF:

SENATE DOCKET, NO. 1817        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 91

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act regarding identity fraud..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 24A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 5 the following section:-

Section 6.  Division of Privacy Protection.

There shall be a division of privacy protection within the office of consumer affairs and business regulation. Notwithstanding any general or special law to the contrary, the director of consumer affairs and business regulation, in consultation with the attorney general, shall create a centralized repository to log complaints of identity fraud, refer processed complaints to local law enforcement officials, and adopt rules and regulations regarding topics which may include, but not be limited to, the intake, investigation and prosecution of identity fraud, consistent with this section and designed to benefit consumers.  The director of consumer affairs and business regulation, in consultation with the attorney general, shall collect data from local police departments regarding identity fraud regarding topics which may include, but not be limited to, the intake, investigation and prosecution of identity fraud, consistent with this section and designed to benefit consumers.

SECTION 2.  Section 37E of chapter 266 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (f) the following subsection:-

(g) If the crime is reported in a jurisdiction other than where the victim resides, the local law enforcement agency receiving the report shall refer the matter to the law enforcement agency where the victim resides.  Upon receipt of the police incident report, the local enforcement agency shall begin an investigation of the facts.  The investigation shall remain open until the perpetrator is apprehended.