1-1 By: Shapiro S.B. No. 917
1-2 (In the Senate - Filed February 26, 2001; February 27, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 3, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the aggregation of amounts involved in the offense of
1-9 breach of computer security to determine punishment.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (2), Section 33.01, Penal Code, is
1-12 amended to read as follows:
1-13 (2) "Aggregate amount" means the amount of:
1-14 (A) any direct or indirect loss incurred by a
1-15 victim, including the value of money, property, or service stolen
1-16 or rendered unrecoverable by the offense; and [or]
1-17 (B) any expenditure required by the victim to
1-18 verify that a computer, computer network, computer program, or
1-19 computer system was not altered, acquired, damaged, deleted, or
1-20 disrupted by the offense.
1-21 SECTION 2. Section 33.02, Penal Code, is amended by adding
1-22 Subsection (c) to read as follows:
1-23 (c) When benefits are obtained, a victim is defrauded or
1-24 harmed, or property is altered, damaged, or deleted in violation of
1-25 this section, whether or not in a single incident, the conduct may
1-26 be considered as one offense and the value of the benefits obtained
1-27 and of the losses incurred because of the fraud or harm or the
1-28 alteration, damage, or deletion of property may be aggregated in
1-29 determining the grade of the offense.
1-30 SECTION 3. This Act takes effect September 1, 2001, and
1-31 applies only to an offense committed on or after that date. An
1-32 offense committed before the effective date of this Act is covered
1-33 by the law in effect when the offense was committed, and the former
1-34 law is continued in effect for that purpose. For purposes of this
1-35 section, an offense was committed before the effective date of this
1-36 Act if any element of the offense occurred before that date.
1-37 * * * * *