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HOUSE DOCKET, NO. 2244         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2207

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_______________

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 relative to preventing pretexting in the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

Donald F. Humason, Jr.

4th Hampden

F. Jay Barrows

1st Bristol

Shaunna O'Connell

3rd Bristol

Donald H. Wong

9th Essex

Todd M. Smola

1st Hampden

Sheila C. Harrington

1st Middlesex

Steven L. Levy

4th Middlesex

Paul K. Frost

7th Worcester

Bruce E. Tarr

 

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth


HOUSE DOCKET, NO. 2244        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2207

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2207) of Bradley H. Jones, Jr., and others relative to identity fraud in the Commonwealth.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1454 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to preventing pretexting in the Commonwealth.
 

              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 37E of chapter 266 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking subsections (d) and (e) and inserting in place thereof the following : --

              (d) Whoever, with intent to defraud, provides false or misleading identification to a person for the purpose of gaining access to any personal identifying information of that person, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

              (e) Whoever, with intent to defraud, uses any personal identifying information of another person outside the scope of its original authorized use for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

              (f) A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees.

              (g) A law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.

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