SRC-MWN S.B. 1201 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1201
77R5693 GWK-FBy: Shapiro
Criminal Justice
3/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, the portion of the Penal Code detailing computer crimes does not
include a definition for "identifying information" or "sensitive commercial
information." In addition, the Penal Code does not currently consider the
amount of damage incurred in a breach of computer security or the number of
people negatively impacted when considering an enhanced penalty or an
aggregate amount. As proposed, S.B. 1201 defines "identifying information"
and "sensitive commercial information" for the purposes of prosecuting
computer crime. S.B. 1201 also provides that the number of persons harmed
will be considered when determining the level of punishment and that the
number of persons harmed and the amount of monetary damage incurred may be
considered for the purposes of the penalty enhancement and determination of
aggregate amount.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.01, Penal Code, by adding Subdivisions (17)
and (18), to define "identifying information" and "sensitive commercial
information." 

SECTION 2. Amends Section 33.02(b), Penal Code, to provide that an offense
under this section is a Class B misdemeanor unless in committing the
offense the actor knowingly obtains a benefit, defrauds or harms another,
alters, damages, or deletes property, or obtains identifying information or
sensitive commercial information, in which the event the offense is ranked
on an ascending scale, from Class A misdemeanor to first degree felony,
depending on the aggregate amount of monetary damage or the number of
individuals affected. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2001.