By Hochberg H.B. No. 1963
77R4303 JMG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the aggregation of amounts involved in the offense of
1-3 breach of computer security to determine punishment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.01(2), Penal Code, is amended to read
1-6 as follows:
1-7 (2) "Aggregate amount" means the amount of:
1-8 (A) any direct or indirect loss incurred by a
1-9 victim, including the value of money, property, or service stolen
1-10 or rendered unrecoverable by the offense; and [or]
1-11 (B) any expenditure required by the victim to
1-12 verify that a computer, computer network, computer program, or
1-13 computer system was not altered, acquired, damaged, deleted, or
1-14 disrupted by the offense.
1-15 SECTION 2. Section 33.02, Penal Code, is amended by adding
1-16 Subsection (c) to read as follows:
1-17 (c) When benefits are obtained, a victim is defrauded or
1-18 harmed, or property is altered, damaged, or deleted in violation of
1-19 this section, whether or not in a single incident, the conduct may
1-20 be considered as one offense and the value of the benefits obtained
1-21 and of the losses incurred because of the fraud, harm, or
1-22 alteration, damage, or deletion of property may be aggregated in
1-23 determining the grade of the offense.
1-24 SECTION 3. This Act takes effect September 1, 2001, and
2-1 applies only to an offense committed on or after that date. An
2-2 offense committed before the effective date of this Act is covered
2-3 by the law in effect when the offense was committed, and the former
2-4 law is continued in effect for that purpose. For purposes of this
2-5 section, an offense was committed before the effective date of this
2-6 Act if any element of the offense occurred before that date.