By: Shapiro S.B. No. 1201
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of certain offenses involving the breach
1-3 of computer security.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 33.01, Penal Code, is amended by adding
1-6 Subdivisions (17) and (18) to read as follows:
1-7 (17) "Identifying information" has the meaning
1-8 assigned by Section 32.51.
1-9 (18) "Sensitive commercial information" means any
1-10 information that is about a corporation, partnership, association,
1-11 business trust, estate, or other legal or commercial entity and is
1-12 deemed confidential by law. The term includes:
1-13 (A) commercial and financial information; and
1-14 (B) trade secrets.
1-15 SECTION 2. Subsection (b), Section 33.02, Penal Code, is
1-16 amended to read as follows:
1-17 (b) An offense under this section is a Class B misdemeanor
1-18 unless in committing the offense the actor knowingly obtains a
1-19 benefit, defrauds or harms another, [or] alters, damages, or
1-20 deletes property, or obtains identifying information or sensitive
1-21 commercial information, in which event the offense is:
1-22 (1) a Class A misdemeanor if the aggregate amount
1-23 involved is less than $1,500;
1-24 (2) a state jail felony if:
1-25 (A) the aggregate amount involved is $1,500 or
2-1 more but less than $20,000; or
2-2 (B) the aggregate amount involved is less than
2-3 $1,500 and the defendant has been previously convicted two or more
2-4 times of an offense under this chapter;
2-5 (3) a felony of the third degree if the aggregate
2-6 amount involved is $20,000 or more but less than $100,000;
2-7 (4) a felony of the second degree if the aggregate
2-8 amount involved is $100,000 or more but less than $200,000; or
2-9 (5) a felony of the first degree if the aggregate
2-10 amount involved is $200,000 or more.
2-11 SECTION 3. (a) The change in law made by this Act applies
2-12 only to an offense committed on or after the effective date of this
2-13 Act. For purposes of this section, an offense is committed before
2-14 the effective date of this Act if any element of the offense occurs
2-15 before the effective date.
2-16 (b) An offense committed before the effective date of this
2-17 Act is covered by the law in effect when the offense was committed,
2-18 and the former law is continued in effect for that purpose.
2-19 SECTION 4. This Act takes effect September 1, 2001.