SENATE DOCKET, NO. 561        FILED ON: 1/17/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 970

The Commonwealth of Massachusetts

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PRESENTED BY:

James E. Timilty

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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 to regulate skimming devices.

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PETITION OF:

SENATE DOCKET, NO. 561        FILED ON: 1/17/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 970

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to regulate skimming devices.

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. Section 49 of Chapter 266 of the General Laws, as appearing in the 2014 official Edition is hereby amended by adding the following.

Section 2. Definitions: “Skimming device” – defined as any card, plate, code, equipment, instrument or device that can be used alone or in conjunction with another access device or camera, to obtain money, goods, services, or personal identification information encoded within a credit or debit card’s magnetic strip.

Section 3. Whoever – (1) Knowingly and with intent to defraud or obtain money, goods, services, or personal identification information encoded within a credit or debit card’s magnetic strip produces, uses, attaches, affixes, traffics or has in his(her) control or custody one or more skimming access device(s) used to read credit card and/or debt card numbers; or (2) Knowingly and with intent to defraud traffics in or uses one or more unauthorized skimming access devices, and by such conduct obtains any personal information of another or anything of value; or (3) Any person who, knowingly and with intent to decode and obtain personal identification information encoded within another individual’s credit or debit card’s magnetic strip, knowingly possesses any item, article, implement, or device designed for the purpose of obtaining personal identification information of another; shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.