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                                  * * * * *