HOUSE BILL NO. 1080 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend the Code of Virginia by adding a section numbered 18.2-166.1, and to repeal § 18.2-166 of the Code of Virginia, relating to disclosure of customer information of telecommunications companies; penalty. ---------- Patrons-- Scott, J.M., Amundson, Caputo, Hull, Plum and Watts ---------- 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 a section numbered 18.2-166.1 as follows:

§ 18.2-166.1 Access to customer information of telecommunications companies; penalty.

A. For purposes of this section:

"Customer information" means the name, address, telephone number, or calling record, of any current or former customer of a telecommunications company. The calling record includes, but is not limited to, any information relating to the use, billing, or call history of a current or former customer of a telecommunications company.

"Telecommunications company" shall have the same meaning as it does in § 58.1-400.1.

B. It shall be unlawful for any person, without authorization or permission of the person who is the subject of the customer information, for his own use or the use of a third person, to:

1. Obtain customer information from a telecommunications company by making false or fraudulent statements or representations to an employee or customer of a telecommunications company;

2. Obtain customer information from a telecommunications company by inducing an employee of a telecommunications company by offering money, services, or other thing of value to the employee; or

3. Provide false documentation to a telecommunications company knowing that the document is false.

C. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $200 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose customer information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.

D. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose customer information was appropriated or to the estate of such person.

2. That § 18.2-166 of the Code of Virginia is repealed.

3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.