By Mr. Jones of North Reading, petition (accompanied by bill, House, No. 1521) of Bradley H. Jones, Jr., and others relative to identy fraud in the Commonwealth.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

Bradley H. Jones, Jr.

Richard R. Tisei

Paul J. P. Loscocco

Bruce E. Tarr

Mary S. Rogeness

George N. Peterson, Jr.

John A. Lepper

Viriato Manuel deMacedo

Lewis G. Evangelidis

F. Jay Barrows

Scott P. Brown

Paul K. Frost

Susan Williams Gifford

Robert S. Hargraves

Robert L. Hedlund

Bradford Hill

Donald F. Humason, Jr.

Michael R. Knapik

Jeffrey Davis Perry

Elizabeth A. Poirier

Karyn E. Polito

Richard J. Ross

Todd M. Smola

Daniel K. Webster

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In the Year Two Thousand and Seven.

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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 2004 Official Edition, is hereby amended by striking subsections (d) and (e) and inserting in place thereof the following : --

(d) Whoever, with intent to defraud, uses any personal identifying information of another to portray himself as that person, or otherwise, for the purpose of gaining access to any personal identifying information of that person, without the prior express permission 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 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, without the prior express permission 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.