PETITION OF:

SECTION 1. Section 24B of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “whoever”, in line 1, the following words:— uses any false identification document, as defined in section 37E of chapter 266, or false information to procure or.

SECTION 2. Section 24B of chapter 90 is hereby further amended by striking out, in line 1 through 2, after the words “or counterfeits or procures or assists another”, and inserting in place thereof the following words:— counterfeits or assists or conspires with another to use any false identification document or false information to procure or.

SECTION 3. Section 24B of chapter 90 is hereby further amended by inserting after the word “counterfeit” in line 3, the following words:— , or attempts to use any false identification document or false information to procure or to falsely make, steal, alter, forge or counterfeit,.

SECTION 4. Section 24B of chapter 90 is hereby further amended by inserting after the word “possession”, in lines 10 through 11, the following words:— any registry of motor vehicles document that is fraudulent or obtained using any false identification document or false information.

SECTION 5. Section 24B of chapter 90 is hereby further amended by inserting after the words “deputy registrar”, in line 22, the following words:— or possesses a counterfeit motor vehicle document from any other state, country or nation.

SECTION 6. Section 24B of chapter 90 is hereby further amended by striking out, in line 23, the word “hundred”, and inserting in place thereof the following word:— thousand.

SECTION 7. Section 24B of chapter 90 is hereby further amended by inserting after the word “two”, in line 25, the following words:— and one-half.

SECTION 8. Section 24B of chapter 90 is hereby further amended by inserting after the word “another”, in line 28, the following words:— or conspires with another or attempts.

SECTION 9. Section 24B of chapter 90 is hereby further amended by inserting after the word “license”, in line 30, the following words:— or learner’s permit.

SECTION 10. Section 24B of chapter 90 is hereby further amended by inserting after the word “use”, in line 31, the following words:— of or attempts to make use,.

SECTION 11. Section 24B of chapter 90 is hereby further amended by inserting after the words “vehicles that was”, in line 32, the following words:— falsely or fraudulently obtained or counterfeited, or whoever uses a social security card, license or learner’s permit, including those issued from any other state, or any other documents issued by a federal or any state or any local governmental agency, foreign or domestic, or those appearing to be so issued, as a means to verify an identity that is not his own, or is fraudulent, to obtain a license or learner’s permit,.

SECTION 12. Section 24B of chapter 90 is hereby further amended by striking out, in line 33, the word “hundred” and inserting in place thereof the following word:— thousand.

SECTION 13. Section 24B of chapter 90 is hereby further amended by inserting after the word “two”, in line 35, the following words:— and one-half

SECTION 14. Section 24B of chapter 90 is hereby further amended by inserting at the end of the section, in line 46, the following paragraphs:—

The provisions of this section shall not apply to any person who has not reached his or her twenty-first birthday who misrepresents or misstates his or her age through the presentation of any document in order to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages or attempting to purchase or have another person purchase for him or her any alcoholic beverage. Search warrants to search for and seize implements, apparatus, paraphernalia and other property and devices kept, possessed or used in violation of this section may be issued as provided by law in chapter 276; and all implements, apparatus, paraphernalia or other apparatus or devices found by any officer in executing a search warrant or that shall be produced and brought into court shall be forfeited to the state and further proceedings shall be had for their forfeiture as is prescribed by section 148 of chapter 266.

SECTION 15. Section 37E of chapter 266 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “meanings”, in line 2, the following definitions:—

“ATM card”, any automatic teller machine card or bank card that allows the withdrawal of cash from an automatic teller machine or bank.

“Document-making implement”, any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, without limitation, that is specifically configured or primarily or actually used for making an identification document, a false, fraudulent or counterfeit identification document, or another document-making implement.

“Enforcement Officer”, any local, state or federal police officer, corrections officer, sheriff, environmental police, special state police officer, court officer, judge, magistrate, registry of motor vehicles employee, or any other sworn officer of the commonwealth.

“False identification document”, a document that is fraudulent, counterfeit or appears to be an identification document or a document that is an identification document but was obtained by falsifying,

concealing, or covering up by any trick, scheme or device a material fact; by making any materially false, fictitious, or fraudulent statement or representation; or by making or using any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement.

SECTION 16. Section 37E of chapter 266 is hereby further amended by inserting after the definition of “harass”, in line 6, the following definition:—

“Identification document”, a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification or authentication of individuals.

SECTION 17. Section 37E of chapter 266 is hereby further amended by inserting after the word “individual”, in line 9, the following words:— or deceased individual or fictitious individual.

SECTION 18. Section 37E of chapter 266 is hereby further amended by inserting after the word “persons”, in line 15, the following words:— , or as a deceased person or fictitious individual.

SECTION 19. Section 37E of chapter 266 is hereby further amended by striking out, in line 20, the words “with intent to defraud,”.

SECTION 20. Section 37E of chapter 266 is hereby further amended by inserting after the words “that person”, in line 21, the following words:— or poses using the identity of a deceased person or fictitious person,.

SECTION 21. Section 37E of chapter 266 is hereby further amended by inserting after the word “money,” in line 22, the following words:— an ATM card,.

SECTION 22. Section 37E of chapter 266 is hereby further amended by striking out, in line 24, the word “another”, and inserting in place thereof the following words:— or threaten another or to commit any other crime,.

SECTION 23. Section 37E of chapter 266 is hereby further amended by striking out, in line 26, the word “imprisonment” and inserting in place thereof the following words:— by imprisonment in the state prison for not more than five years or.

SECTION 24. Section 37E of chapter 266 is hereby further amended by striking out, in line 28, the words “with intent to defraud”.

SECTION 25. Section 37E of chapter 266 is hereby further amended by inserting after the first word of “person” in line 30, the following words:— obtains such information about a deceased person or fictitious person,.

SECTION 26. Section 37E of chapter 266 is hereby further amended by striking out, in line 32, the words “in order” and inserting in place thereof the following words:— or obtains such information about a deceased person,.

SECTION 27. Section 37E of chapter 266 is hereby further amended by inserting after the words “assist another”, in line 32, the following words:— or conspire with another.

SECTION 28. Section 37E of chapter 266 is hereby further amended by inserting after the word “money”, in line 33, the following words:— an ATM card,.

SECTION 29. Section 37E of chapter 266 is hereby further amended by striking out, in line 34, the word “another”, and inserting in place thereof the following words:— or threaten another or to commit any other crime,.

SECTION 30. Section 37E of chapter 266 is hereby further amended by striking out, in line 36, the word “imprisonment” and inserting in place thereof the following words:— by imprisonment in the state prison for not more than five years or.

SECTION 31. Section 37E of chapter 266 is hereby further amended by inserting after subsection (c), in line 38, the following subsections:—

(d) Whoever, uses or transfers, attempts to use or transfer, or assists or conspires with another to use or transfer, documents containing personal identifying information about another person, deceased person, or fictitious person, with the intent to defraud, commit any crime, assist in the commission of any crime, or conceal actual identify to avoid apprehension for a crime, shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both fine and imprisonment.

(f) Whoever possesses a false identification document, assists or conspires with a person in obtaining a false identification document, or possesses an identification document which is stolen or produced without lawful authority shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both fine and imprisonment.

(g) Whoever shows or provides a false identification document to an enforcement officer to identify himself, as proof of his identity or to verify his identity shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both fine and imprisonment.

(h) Whoever fraudulently or wrongfully or whoever assists or conspires with another to affix or impress the seal of any department or agency of the commonwealth to any certificate, instrument, commission, document or paper or with knowledge of its fraudulent character, buys, procures, sells or transfers to another, or assists or conspires with another to buy, procure, sell or transfer to another, any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently or wrongfully affixed or impressed, shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both fine and imprisonment.

(i) Whoever obtains, assists or conspires with another to obtain, or attempts to obtain, an identification document by falsifying, concealing or covering up by any trick, scheme or device a material fact; by making any materially false, fictitious, or fraudulent statement or representation; or by making or using any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry for the purpose of obtaining money, an ATM card, credit, goods, services, anything of value, any identification card, or for the purpose of utilizing as a valid identification card, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than $10,000 or by both fine and imprisonment.

(j) Whoever produces, transfers, or possesses, or whoever assists or conspires with another to produce, transfer or possess, a document-making implement with the intent that such document making implement will be used in the production of a false identification document or another document-making implement for such use shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than $10,000 or by both fine and imprisonment.

(k) Whoever possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or whoever possesses five or more false identification documents or whoever assists or conspires with another to possess with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or whoever assists or conspires with another to possess five or more false identification documents shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than $10,000 or by both fine and imprisonment.

SECTION 32. Section 37E of chapter 266 is hereby further amended by striking out in line 39 the designation “(d)” and inserting in place thereof the following designation:— (1).

SECTION 33. Section 37E of chapter 266 is hereby further amended by striking out in lines 46 through 48, subsection (e).

SECTION 34. Section 37E of chapter 266 is hereby further amended by inserting at the end of the section, in line 48, the following subsections:—

(m) The provisions of this section shall not apply to any person who has not reached his or her twenty-first birthday who misrepresents or misstates his or her age through the presentation of any document in order to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages or attempting to purchase or have another person purchase for him or her any alcoholic beverage.

(n) Upon conviction of any of the offenses in this section, the defendant shall be responsible for the immediate payment to the prosecutor’s office for all costs incurred by that office for any experts used by the prosecution to prove the victim’s lack of capacity due to illness, age, or disability as defined in section 13K of chapter 265.

(o) Search warrants to search for and seize implements, apparatus, paraphernalia and other property and devices kept, possessed or used in violation of this section, may be issued as provided by law in chapter 276; and all implements, apparatus, paraphernalia or other apparatus or devices found by any officer in executing a search warrant or which shall be produced and brought into court shall be forfeited to the state and further proceedings shall be had for their forfeiture as is prescribed by section 148 of chapter 266.

SECTION 35. Chapter 266, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 147 the following sections:—

Section 148. (a) The following property shall be subject to forfeiture to the commonwealth and all property rights therein shall be in the commonwealth:

(1) All materials, products, and equipment of any kind, which are used, or intended for use in identify theft or identity fraud activity in violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(2) All conveyances, including aircraft, vehicles or vessels used, or intended for use, to transport, conceal, or otherwise facilitate identity theft in violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(3) All books, records, and research, including formulas, microfilm, tapes and data in any form, which are used, or intended for use, in violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(4) All moneys, negotiable instruments, bank accounts, or other things of value used or intended for use to support identity theft activity in violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(5) All real property, including any right, title, and interest in whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to plan, to commit, or to facilitate the commission of a violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(6) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.

(7) Property subject to forfeiture under subparagraphs (1), (3), (4) and (5) shall, upon motion of the attorney general or district attorney, be declared forfeit by any court having jurisdiction over said property, or having final jurisdiction over any related criminal proceeding.

(c) The court shall order forfeiture of all conveyances subject to the provisions of subparagraph (2) and of all real property subject to the provisions of subparagraph (5) of subsection (a) of this section, except as follows:

(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party of privy to a violation of section 24B of chapter 90, section 37E of chapter 266 and section 1 of chapter 267.

(2) No conveyance shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the commonwealth or of any state.

(3) No conveyance or real property shall be subject to forfeiture unless the owner thereof knew or should have known that such conveyance or real property was used in and for the business of identity theft and identity fraud. Proof that the conveyance or real property was used to facilitate identity theft or identity fraud on three or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawfully committing identity theft or identity fraud.

(4) No conveyance or real property used to facilitate unlawful identity theft or identity fraud shall be forfeited if the gross amount of monies seized is less than $1,000.

(d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, monies or other things of value subject to forfeiture under the provisions of subparagraphs (2), (4), and (5) or subsection (a). Such petition shall be filed in the court having jurisdiction over said conveyance, real property, monies or other things of value or having final jurisdiction over any related criminal proceedings brought under any provision of section 24B of chapter 90, section 37E of chapter 266 or section 1 of chapter 267. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subparagraphs (2), (4), and (5) of said subsection (a). The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (i). The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, monies or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than two weeks after notice, hold a hearing on the petition. Upon the motion of the owner of said conveyance, real property, monies or other things of value, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of section 24B of chapter 90, section 37E of chapter 266 or section 1 of chapter 267. At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order; from which the parties shall have a right of appeal. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, monies or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section. The final order of the court shall provide for restitution of all known claims at the time of the disposition of the case with the remainder of said monies and the proceeds of any such sale to be distributed equally between the prosecuting district attorney or attorney general, and the city, town or state police department involved in the seizure. If more than one department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the fifty percent equitably among these departments. There shall be established within the office of the state treasurer separate special law enforcement trust funds for each district attorney and for the attorney general. All such monies and proceeds received by any prosecuting district attorney or attorney general shall be deposited in such trust fund and shall then be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or for such other law enforcement purposes as the district attorney or attorney general deems appropriate. The district attorney or attorney general may expend up to ten percent of the monies and proceeds for anti-identity theft, anti-terrorism or fraud education or neighborhood crime watch programs that further law enforcement purposes. Any program seeking to be an eligible recipient of said funds shall file an annual audit report with the local district attorney and attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures, and board of directors of such program. Within ninety days of the close of the fiscal year, each district attorney and the attorney general shall file an annual report with the house and senate committees on ways and means on the use of the monies in the trust fund for the purposes of anti-identity theft or fraud education, anti-terrorism or neighborhood crime watch programs. All such monies and proceeds received by any police department shall be deposited in a special law enforcement trust fund and shall be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or for such other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.

(e) Any officer, department, or agency having custody of any property subject to forfeiture under this chapter, or having disposed of said property, shall keep and maintain full and complete records showing from whom it received said property, under what authority it held or received or disposed of said property, to whom it delivered said property, the date and manner of destruction or disposition of said property, and the exact kinds, quantities and forms of said property. Said records shall be open to inspection by all federal and state officers charged with enforcement of federal and state drug control laws. Persons making final disposition or destruction of said property under court order shall report, under oath, to the court the exact circumstances of said disposition or destruction.

(f)(1) During the pendency of forfeiture proceedings the court may issue at the request of the commonwealth ex parte any preliminary order or process necessary to seize or secure the property for which forfeiture is sought and to provide for its custody, including but not limited to an order that the commonwealth remove the property if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account; and that a custodian be appointed to manage such property or a business enterprise. Property taken or detained under this section shall not be subject to replevin, but once seized shall be deemed to be lawfully in the custody of the commonwealth pending forfeiture, subject only to the orders and decrees of the court having jurisdiction. Process for seizure of said property shall issue only upon a showing of probable cause, and the application therefor and the issuance, execution, and return thereof shall be subject to the provisions of chapter 276, so far as applicable.

(2) There shall be created within the division of capital asset management and maintenance an office of seized property management to which a district attorney or the attorney general may refer any real property, and any furnishings, equipment and related personal property located therein, for which seizure is sought. The office of seized property management shall be authorized to preserve and manage such property in a reasonable fashion and to dispose of such property upon a judgment ordering forfeiture issued pursuant to the provisions of subsection (d), and to enter into contracts to preserve, manage and dispose of such property. The office of seized property management may receive initial funding from the special law enforcement trust funds of the attorney general and each district attorney established pursuant to subsection (d) and shall subsequently be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses in subsection (d).

(g) Any “document-making implement,” defined in section 37E of chapter 266, any “false identification document” as defined in section 37E of chapter 266, or any “identification document” concerning a particular individual who is not the individual in possession of such documents, may be seized by any police officer and summarily forfeited to the commonwealth to dispose at its discretion.

(h) The failure, upon demand by a police officer of the person in possession or control of a document-making implement, false identification document or identification document to produce proof that he is a legal holder thereof constitutes authority for the seizure and forfeiture of the document-making implement, false identification document or identification document.

(i) The owner of any real property that is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section one of chapter one hundred and eighty-eight. The value of the balance of said principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only one principal domicile for the benefit of the immediate family of the owner.

(j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons

having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the town where the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district where the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of the fact of such judgment, discontinuance, dismissal or other final disposition, and such certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed.

Section 149. (a) Any person who violates the provisions of section 24B of chapter 90 or section 37E, subsections (b) through (h) of chapter 266 may be imprisoned for not less three years and not more than ten years in the state prison and shall be fined not more than ten thousand dollars or by both fine and imprisonment, for a subsequent conviction of any of those provisions.

(b) Any person who violates the provisions of section 24B of chapter 90 or section 37E, subsections (b) through (h) of chapter 266 may be imprisoned for not less five years and not more than fifteen years in the state prison and shall be fined not more than fifteen thousand dollars or by both fine and imprisonment for a subsequent conviction of the provisions of section 37E, subsections

(i) through (k) of chapter 266 or section 1 of chapter 267.

(i) through (k) of chapter 266 or section 1 of chapter 267 may be imprisoned for not less five years and not more than fifteen years in the state prison and shall be fined not more than fifteen thousand dollars or by both fine and imprisonment, for a subsequent conviction of the provisions of section 24B of chapter 90 or section 37E, subsections (b) through (h) of chapter 266.

(d) Any person who violates the provisions of section 37E, subsections

(i) through (k) of chapter 266 or section 1 of chapter 267 shall be imprisoned for not less seven years and not more than fifteen years in the state prison or jail or house of correction and shall be fined not more than twenty thousand dollars or by both fine and imprisonment, for a subsequent conviction of any of those provisions.

(e) Any person who violates the provisions of section 24B of chapter 90, section 37E of chapter 266 or section 1 of chapter 267 in furtherance of any of the below crimes, for which a person is also convicted:

(1) any offense which involves murder, kidnapping, robbery, or extortion;

(2) any of the following offenses: arson, assault and battery with a dangerous weapon, bribery, burglary, malicious destruction of property, embezzlement, escape, throwing or placing explosives at or near persons or property, illegal possession or storage of explosives, possession of infernal machines, forgery, gaming in violation of sections sixteen and seventeen, seventeen A and seventeen B of chapter two hundred and seventy-one of the general laws, intimidation of witnesses or jurors or persons furnishing information in connection with criminal proceedings, larceny, lending of money or things of value in violation of the general laws, mayhem, escape, perjury, subornation of perjury, receiving stolen property, communicating terrorist threats, possessing or using chemical, biological or nuclear weapons, possession or use of hoax substances;

(3) any offense involving the distribution of a narcotic drug, marijuana, or other dangerous drug;

(4) coercion of child under eighteen into criminal conspiracy, inducing a person under eighteen to have sexual intercourse, possession or dissemination of matter harmful to minors, posing or exhibiting child in state of nudity or sexual conduct, dissemination of visual material of child in state of nudity or sexual conduct, purchase or possession of visual material of child depicted in sexual conduct;

(5) any offense punishable by imprisonment for more than one year involving the possession or distribution of firearms;

(6) any accessory to any offense described in this section or any conspiracy or attempt or solicitation to commit any offense described in this subsection;

(7) the location of any fugitive from justice from an offense described in this subsection;

(8) any crime of violence, shall be imprisoned for not less than ten years and not more than twenty years in the state prison or shall be fined not more than thirty thousand dollars or shall be punished by both such fine and imprisonment.

(f) The crimes as set forth in section 24B of chapter 90, section 37E of chapter 266 or section 1 of chapter 267, maybe prosecuted and punished in the jurisdiction where the crime occurred, where the victim is domiciled, or where the defendant is domiciled.

SECTION 36. Section 1 of chapter 267, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word “defraud,” in line 1, the following words:— in his possession, attempts or makes use of, or.

SECTION 37. Section 1 of chapter 267 is hereby further amended by inserting after the word, “counterfeits”, in line 2, the following words:— , or whoever, with intent to injure or defraud, conspires or assists another to possess, to attempt to make use of, to falsely make, alter, forge or counterfeit,.

SECTION 38. Section l of chapter 267 is hereby further amended by inserting after the word “record,”, in line 2, the following words:— an official document issued by any local, federal or state governmental agency, foreign or domestic, which could be used as a means of verifying a person’s or deceased person’s identity, establishing a fictitious identity, or verifying personal identifying information as defined in section 37E of chapter 266,.

SECTION 39. Section 1 of chapter 267 is hereby further amended by inserting after the words “ten years or”, in line 21, the following words:— by a fine of not more than $10,000, or by both fine and imprisonment,.

SECTION 40. Section 1 of chapter 267 is hereby further amended by inserting at the end of the section, in line 22, the following paragraphs:—

The provisions of this section shall not apply to any person who has not reached his or her twenty-first birthday who misrepresents or misstates his or her age through the presentation of any document in order to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages or attempting to purchase or have another person purchase for him or her any alcoholic beverage. Search warrants to search for and seize implements, apparatus, paraphernalia and other property and devices kept, possessed or used in violation of this section, may be issued as provided by law in chapter 276; and all implements, apparatus, paraphernalia or other apparatus or devices found by any officer in executing a search warrant or which shall be produced and brought into court shall be forfeited to the state and further proceedings shall be had for their forfeiture as is prescribed by section.

SECTION 41. Chapter 24A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 5, the following new section:—

Section 6. Any person, firm, organization, charitable or otherwise, corporation regardless of how established or organized, or government agency that holds personal data pertaining to an identifiable individual shall maintain and dispose of such records and information in a secure manner. For the purposes of this section, personal data means information that identifies an individual, including but not limited to date of birth, social security number, driver identification number, name, address or telephone number. In cases where personal data has been improperly accessed or disclosed or where the data files or an electronic storage system has been breached or otherwise compromised, the holder of the personal data shall notify each person for which a record is maintained of the security breach. Such notification shall be made as soon as possible but no later than 10 business days and shall be in writing unless unduly burdensome due to number of records and prohibitive costs. Under such circumstances, alternative forms of notice may be approved by the Director of the Office of Consumer Affairs and Business Regulations. Said Director shall publish regulations implementing the provisions of this section including but not limited to reasonable protocols for securing and disposing of personal data and procedures for notifying data subjects of a breach or potential unauthorized access to personal data. A holder of personal data which is negligent in failing to comply with any requirement imposed under this section or the regulations issued by the Director shall be liable to the person whose data was improperly obtained in an amount equal to the sum of any actual damages sustained by the individual as a result of the failure and together with, in the case of any successful action to enforce any liability under this section, the costs of the action and reasonable attorney’s fees as determined by the court. The remedies provided hereunder shall not be exclusive.

SECTION 42. Chapter 93 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 55, the following new section:—

Section 55A. A consumer credit reporting agency shall place a security alert in a credit report at the request of a consumer that notifies a recipient of the credit report that the consumer’s identity may have been used without authorization or consent to fraudulently obtain goods or services in the consumer’s name. A consumer credit reporting agency shall notify each person requesting consumer credit information with respect to a consumer of the existence of a security alert in the credit report of that consumer, regardless of whether a full credit report, credit score, or summary report is requested. The security alert shall be activated within 3 business days and shall remain in place for 90 days with a recurring right of renewal. If a consumer has placed a security alert, a consumer credit reporting agency shall provide the consumer, upon request, with a free copy of his or her credit report at the time the 90-day security alert period expires. The recipient of a credit report with a security alert for the purpose of a financial transaction, including but not limited to an extension of credit or the purchase or lease of a good or service shall not complete the transaction without taking reasonable steps to verify the consumer’s identity. A consumer reporting agency that fails to institute a security alert after its request shall be subject to the provisions of sections 63 and 64 of this chapter. The Director of the Office of Consumer Affairs and Business Regulation may promulgate regulations for the implementation of this section.

SECTION 43. Said Chapter 93 of the General Laws, is hereby further amended by inserting the following new section:—

Section 55B. A consumer credit reporting agency shall place a security freeze in a credit report at the request of a consumer that prohibits the consumer credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer. Nothing in this section shall prevent a consumer credit reporting agency from reporting the existence of a security freeze to a third party. A security freeze shall be activated within 3 business days and shall remain in place until rescinded by the consumer. Upon implementation of a security freeze, a consumer credit reporting agency shall confirm the freeze in writing to the consumer and provide a secure password to be used by the consumer to authorize disclosure of his report to a third party. To effectuate access while a security freeze is in effect, the consumer shall contact the consumer reporting agency in advance with information on the authorized third party recipient and provide a written request accompanied by his secure password. After the implementation of a security freeze, a consumer credit reporting agency shall not make material changes to a consumer credit report without sending written confirmation of the change to the consumer within 30 days of the change. In cases where a security freeze is placed on a consumer’s credit report, a consumer credit reporting agency may respond to inquiries for a report by stating that the consumer has limited access to his report for security reasons. The consumer reporting agency shall further advise the third party to contact the subject consumer for authorization to access the information. If the consumer does not allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete. The provisions of this section shall not apply to the following inquiries or request for access to a credit report that is subject to a security freeze:

(1) inquiries by preexisting account, contract, or debtor-creditor relationships for the purposes of reviewing the account, including activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements, or collecting the financial obligation owing for the account, contract, or debt;

(2) access ordered by a court of competent jurisdiction through court order, warrant, or subpoena;

(3) access by authorized law enforcement officers for the purpose of investigating allegations of identity theft or unauthorized use of credit;

(4) access by an authorized state agency to ensure compliance with the laws and regulations of the Commonwealth or to fulfill any of its other statutory responsibilities;

(5) access as required by the federal Fair Credit Reporting Act;

(6) access by a credit file monitoring subscription service to which the consumer has subscribed; or

(7) access for the purpose of compliance with the provisions of this chapter. A consumer credit reporting agency may charge a reasonable fee for establishing a security freeze on a consumer report but in no case shall such fee exceed 20 dollars for an initial security freeze and five dollars for each temporary lift for a specified period or time or for a specific third party. The Director of the Office of Consumer Affairs and Business Regulations may promulgate regulations for the implementation of this section. In addition to any other rights the consumer may have under this section, every consumer credit reporting agency, after being contacted by telephone, mail, or in person by any consumer who has reason to believe he or she may be a victim of identity theft, shall promptly provide to that consumer a statement, written in a clear and conspicuous manner, describing the statutory rights of victims to establish a security alert or freeze on his report.