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Bill > S904


MA S904

MA S904
To protect the commonwealth's residents from identity theft


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to protect the Commonwealth's residents from identity theft. The Judiciary.

AI Summary

This bill aims to enhance protections for the Commonwealth's residents against identity theft by introducing new definitions and procedures. It defines "direct victim" as someone whose identity has been misused, and "indirect victim" as a corporation or government entity that suffers loss due to identity theft, as well as family members of victims. The bill also establishes an "identity theft passport," a card or certificate issued by the Attorney General to verify a victim's status, and an "identity theft report," a police incident report detailing the crime. It clarifies that courts must provide victims with certified copies of complaints, judgments, and orders related to identity theft offenses at no cost. The bill expands the authority of law enforcement agencies to investigate identity theft across jurisdictions and allows for warrantless arrests if probable cause exists. Furthermore, it introduces civil remedies for victims, including the recovery of damages and attorney fees, and outlines procedures for obtaining an identity theft passport, which can be presented to law enforcement, creditors, and consumer reporting agencies to help prevent further harm or correct fraudulent information. The bill also addresses technology-based identity theft, prohibiting deceptive software practices and the misuse of personal identifying information, and strengthens regulations around the handling and display of Social Security numbers (SSNs) by businesses and government agencies, treating violations as unfair and deceptive trade practices. Finally, it mandates training for police officers on identifying and responding to identity theft and establishes a process for victims to petition courts for expungement of criminal records that were mistakenly associated with their identity due to identity theft.

Committee Categories

Justice

Sponsors (25)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

bill text


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