110 HR 1383 IH: The Quelling of Unwanted Intrusive and U.S. House of Representatives 2007-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 1383 IN THE HOUSE OF REPRESENTATIVES March 7, 2007 Ms. Zoe Lofgren of California introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide penalties for the misuse of robocalls.
1.
Short title
This Act may be cited as the The Quelling of Unwanted Intrusive and Excessive Telephone Calls Act of 2007.
2.
Preventing misuse of telephonic communications
(a)
In general
Part I of title 18, United States Code, is amended by inserting after chapter 103 the following: 104
Misuse of Telephonic Communications
Sec. 2141. Misuse of automated telephone equipment. 2142. Definitions for chapter.
2141.
Misuse of automated telephone equipment
(a)
Offense
(1)
In general
Whoever knowingly initiates a telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice— (A)so that it is received during the period beginning at 9 pm and ending 9 am in the place which the call is directed; or (B)without disclosing at the beginning of the call the identity of the sponsor, endorser, or originator of the call, shall be fined under this title or imprisoned not more than 1 year, or both.(2)
Elections for federal office
Whoever knowingly uses an automatic telephone dialing system or an artificial or prerecorded voice to deceive any person regarding— (A)the time, place, or manner of an election for Federal office; (B)the qualifications for or restriction on voter eligibility for an election for Federal office; (C)the political party affiliation of any candidate running in an election for Federal office; or (D)the sponsor, endorser, or originator of a telephone call initiated using an automatic telephone dialing system or using an artificial or prerecorded voice, shall be fined under this title or imprisoned not more than 1 year, or both.(b)
Minimum penalty for multiple call violations
If the offense under this section involves 100 or more telephone calls, the sentence imposed under subsection (a) for that offense shall include imprisonment for not less than 30 days. (c)
Civil action
The chief law enforcement officer of a State or a general purpose political subdivision of a State may in a civil action, obtain injunctive and declaratory relief with respect to a violation of this section that affects the residents of that State or political subdivision.
2142.
Definitions for chapter
As used in this chapter— (1)the term automatic telephone dialing system has the meaning given that term in section 227 of the Communications Act of 1934; and (2)the terms election and Federal office have, respectively, the meanings given those terms in section 431 of the Federal Election Campaign Act of 1971.
. (b)
Clerical amendment
The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 103 the following new item: 104.Misuse of Telephonic Communications2141. .