Connecticut 2016 Regular Session

Connecticut House Bill HB05635 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5635
2		-	February Session, 2016 _____HB05635JUD___032216____
	1	+	General Assembly Raised Bill No. 5635
	2	+	February Session, 2016 LCO No. 3208
	3	+	03208_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5635
	10	+	Raised Bill No. 5635
7	11
8	12		February Session, 2016
9	13
10		-	_____HB05635JUD___032216____
	14	+	LCO No. 3208
	15	+
	16	+	03208_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING FRAUD COMMITTED THROUGH TELEPHONE SOLICITATION AND ACCESS TO TELEPHONE RECORDS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16		-	Section 1. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the first degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) (A) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property exceeds twenty thousand dollars, or (B) regardless of its value, obtains such money or property by extortion, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	28	+	Section 1. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the first degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) (A) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property exceeds twenty thousand dollars, or (B) regardless of its value, obtains such money or property by extortion, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
17	29
18	30		(b) Telephone fraud in the first degree is a class B felony.
19	31
20		-	Sec. 2. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the second degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property exceeds ten thousand dollars, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	32	+	Sec. 2. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the second degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property exceeds ten thousand dollars, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
21	33
22	34		(b) Telephone fraud in the second degree is a class C felony.
23	35
24		-	Sec. 3. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the third degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property exceeds two thousand dollars, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	36	+	Sec. 3. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the third degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property exceeds two thousand dollars, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
25	37
26	38		(b) Telephone fraud in the third degree is a class D felony.
27	39
28		-	Sec. 4. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the fourth degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property exceeds one thousand dollars, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	40	+	Sec. 4. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the fourth degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property exceeds one thousand dollars, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
29	41
30	42		(b) Telephone fraud in the fourth degree is a class A misdemeanor.
31	43
32		-	Sec. 5. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the fifth degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property exceeds five hundred dollars, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	44	+	Sec. 5. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the fifth degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property exceeds five hundred dollars, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
33	45
34	46		(b) Telephone fraud in the fifth degree is a class B misdemeanor.
35	47
36		-	Sec. 6. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the sixth degree when such person (1) ~~knowingly or~~ intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and ~~the amount of~~ such money or the value of such property is five hundred dollars or less, and (3) uses a telephonic call, including, but not limited to, ~~a call~~ made by an individual, an automated telephone ~~call~~ and a recorded ~~message~~, to obtain such money or property from such other person.
	48	+	Sec. 6. (NEW) (Effective October 1, 2016) (a) A person is guilty of telephone fraud in the sixth degree when such person (1) voluntarily and intentionally devises or participates in a scheme to defraud another person of money or property, (2) employs false pretenses or false promises, as described in section 53a-119 of the general statutes, to obtain such money or property and such money or the value of such property is five hundred dollars or less, and (3) uses a telephonic call, including, but not limited to, those made by an individual, automated telephone calls and recorded messages, to obtain such money or property from such other person.
37	49
38	50		(b) Telephone fraud in the sixth degree is a class C misdemeanor.
39	51
40	52		Sec. 7. Section 54-47aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
41	53
42	54		(a) For the purposes of this section:
43	55
44	56		(1) "Basic subscriber information" means: (A) Name, (B) address, (C) local and long distance telephone connection records or records of session times and durations, (D) length of service, including start date, and types of services utilized, (E) telephone or instrument number or other subscriber number or identity, including any assigned Internet protocol address, and (F) means and source of payment for such service, including any credit card or bank account number;
45	57
46	58		(2) "Call-identifying information" means dialing or signaling information that identifies the origin, direction, destination or termination of each communication generated or received by a subscriber or customer by means of any equipment, facility or service of a telecommunications carrier;
47	59
48	60		(3) "Electronic communication service" means "electronic communication service" as defined in 18 USC 2510, as amended from time to time;
49	61
50	62		(4) "Law enforcement official" means the Chief State's Attorney, a state's attorney, an inspector with the Division of Criminal Justice, a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection or a sworn member of an organized local police department;
51	63
52	64		(5) "Remote computing service" means "remote computing service" as defined in section 18 USC 2711, as amended from time to time; and
53	65
54	66		(6) "Telecommunications carrier" means "telecommunications carrier" as defined in 47 USC 1001, as amended from time to time.
55	67
56	68		(b) A law enforcement official may request an ex parte order from a judge of the Superior Court to compel (1) a telecommunications carrier to disclose call-identifying information pertaining to a subscriber or customer, or (2) a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to a subscriber or customer. The judge shall grant such order if the law enforcement official states a reasonable and articulable suspicion that a crime has been or is being committed or that exigent circumstances exist and such call-identifying or basic subscriber information is relevant [and] or material to an ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement official shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge [within] not later than forty-eight hours or [not later than] the next business day after the issuance of such order, whichever is earlier.
57	69
58	70		(c) A telecommunications carrier shall disclose call-identifying information and a provider of electronic communication service or remote computing service shall disclose basic subscriber information to a law enforcement official when an order is issued pursuant to subsection (b) of this section.
59	71
60	72		(d) Not later than forty-eight hours after the issuance of an order pursuant to subsection (b) of this section, the law enforcement official shall mail notice of the issuance of such order to the subscriber or customer whose call-identifying information or basic subscriber information is the subject of such order, except that such notification may be delayed for a period of up to ninety days upon the execution of a written certification of such official to the judge who authorized the order that there is reason to believe that notification of the existence of the order may result in (1) endangering the life or physical safety of an individual, (2) flight from prosecution, (3) destruction of or tampering with evidence, (4) intimidation of potential witnesses, or (5) otherwise seriously jeopardizing the investigation. The law enforcement official shall maintain a true copy of such certification. During such ninety-day period, the law enforcement official may request the court to extend such period of delayed notification. Such period may be extended beyond ninety days only upon approval of the court.
61	73
62	74		(e) A telecommunications carrier or provider of electronic communication service or remote computing service that provides information pursuant to an order issued pursuant to subsection (b) of this section shall be compensated for the reasonable expenses incurred in providing such information.
63	75
64	76		(f) Any telecommunications carrier or provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (b) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.
65	77
66	78		(g) Not later than January fifteenth of each year, each law enforcement official shall report to the Chief State's Attorney the information required by this subsection with respect to each order issued pursuant to subsection (b) of this section in the preceding calendar year. The Chief State's Attorney shall, based upon the reports filed by each law enforcement official and not later than January thirty-first of each year, submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to criminal law and procedure concerning orders issued pursuant to subsection (b) of this section in the preceding calendar year. The report shall include the following information: (1) The number of orders issued, (2) whether the order was directed to a telecommunications carrier, provider of electronic communication service or provider of remote computing service, (3) whether the information sought was call-identifying information or basic subscriber information, (4) the statutory offense or offenses that were the subject of the investigation, (5) the number of notifications that were delayed pursuant to subsection (d) of this section, and the reason for such delayed notification, (6) the number of motions to vacate an order that were filed, and the number of motions granted or denied, (7) the number of investigations concluded and the final result of such investigations, and (8) the status of any criminal prosecution resulting from the investigation.
67	79
68	80
69	81
70	82
71	83		This act shall take effect as follows and shall amend the following sections:
72	84		Section 1 October 1, 2016 New section
73	85		Sec. 2 October 1, 2016 New section
74	86		Sec. 3 October 1, 2016 New section
75	87		Sec. 4 October 1, 2016 New section
76	88		Sec. 5 October 1, 2016 New section
77	89		Sec. 6 October 1, 2016 New section
78	90		Sec. 7 October 1, 2016 54-47aa
79	91
80	92		This act shall take effect as follows and shall amend the following sections:
81	93
82	94		Section 1
83	95
84	96		October 1, 2016
85	97
86	98		New section
87	99
88	100		Sec. 2
89	101
90	102		October 1, 2016
91	103
92	104		New section
93	105
94	106		Sec. 3
95	107
96	108		October 1, 2016
97	109
98	110		New section
99	111
100	112		Sec. 4
101	113
102	114		October 1, 2016
103	115
104	116		New section
105	117
106	118		Sec. 5
107	119
108	120		October 1, 2016
109	121
110	122		New section
111	123
112	124		Sec. 6
113	125
114	126		October 1, 2016
115	127
116	128		New section
117	129
118	130		Sec. 7
119	131
120	132		October 1, 2016
121	133
122	134		54-47aa
123	135
124		-	Statement of ~~Legislative Commissioners~~:
	136	+	Statement of Purpose:
125	137
126		-	In ~~Sections 1 through 6, inclusive, "voluntarily~~ and ~~intentionally" was changed~~ to ~~"knowingly or intentionally"~~ ~~for conformity with existing mens rea descriptions in the penal code.~~
	138	+	To establish the crime of telephone fraud in varying degrees and to provide prosecuting officials tools to investigate such crimes.
127	139
128		-
129		-
130		-	JUD Joint Favorable Subst. -LCO
131		-
132		-	JUD
133		-
134		-	Joint Favorable Subst. -LCO
	140	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]