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2006 SESSION

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066205472
HOUSE BILL NO. 1500 Offered January 20, 2006 A BILL to amend the Code of Virginia by adding in Chapter 5 of Title 18.2 an article numbered 7.2, consisting of a section numbered 18.2-152.17, relating to fraudulent procurement of telephone records; penalty. ---------- Patron-- Purkey ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 5 of Title 18.2 an article numbered 7.2, consisting of a section numbered 18.2-152.17, as follows:

Article 7.2. Unauthorized or Fraudulent Procurement, Sale, or Receipt of Telephone Records.

§ 18.2-152.17. Unauthorized or fraudulent procurement, sale, or receipt of telephone records.

Whoever (i) knowingly procures, attempts to procure, solicits, or conspires with another to procure a telephone record of any resident of this Commonwealth without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means; (ii) knowingly sells, or attempts to sell, a telephone record of any resident of this Commonwealth without the authorization of the customer to whom the record pertains; or (iii) receives a telephone record of any resident of this Commonwealth knowing that such record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means shall be guilty of a Class 1 misdemeanor.

Nothing in this section shall be construed to prevent any action by a law-enforcement agency, or any officer or employee of such agency, to obtain telephone records in connection with the performance of the official duties of the agency.