1-1 By: Shapiro S.B. No. 1201
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 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 punishment of certain offenses involving the breach
1-9 of computer security.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 33.01, Penal Code, is amended by adding
1-12 Subdivisions (17) and (18) to read as follows:
1-13 (17) "Identifying information" has the meaning
1-14 assigned by Section 32.51.
1-15 (18) "Sensitive commercial information" means any
1-16 information that is about a corporation, partnership, association,
1-17 business trust, estate, or other legal or commercial entity and is
1-18 deemed confidential by law. The term includes:
1-19 (A) commercial and financial information; and
1-20 (B) trade secrets.
1-21 SECTION 2. Subsection (b), Section 33.02, Penal Code, is
1-22 amended to read as follows:
1-23 (b) An offense under this section is a Class B misdemeanor
1-24 unless in committing the offense the actor knowingly obtains a
1-25 benefit, defrauds or harms another, [or] alters, damages, or
1-26 deletes property, or obtains identifying information or sensitive
1-27 commercial information, in which event the offense is:
1-28 (1) a Class A misdemeanor if the aggregate amount
1-29 involved is less than $1,500 or the identifying information that is
1-30 obtained is about one individual;
1-31 (2) a state jail felony if:
1-32 (A) the aggregate amount involved is $1,500 or
1-33 more but less than $20,000 or the number of individuals about whom
1-34 identifying information is obtained is more than one but less than
1-35 1,000; or
1-36 (B) the aggregate amount involved is less than
1-37 $1,500 or the identifying information that is obtained is about one
1-38 individual and the defendant has been previously convicted two or
1-39 more times of an offense under this chapter;
1-40 (3) a felony of the third degree if the aggregate
1-41 amount involved is $20,000 or more but less than $100,000 or the
1-42 number of individuals about whom identifying information is
1-43 obtained is 1,000 or more but less than 10,000;
1-44 (4) a felony of the second degree if the aggregate
1-45 amount involved is $100,000 or more but less than $200,000 or the
1-46 number of individuals about whom identifying information is
1-47 obtained is 10,000 or more but less than 100,000; or
1-48 (5) a felony of the first degree if the aggregate
1-49 amount involved is $200,000 or more or the number of individuals
1-50 about whom identifying information is obtained is 100,000 or more.
1-51 SECTION 3. (a) The change in law made by this Act applies
1-52 only to an offense committed on or after the effective date of this
1-53 Act. For purposes of this section, an offense is committed before
1-54 the effective date of this Act if any element of the offense occurs
1-55 before the effective date.
1-56 (b) An offense committed before the effective date of this
1-57 Act is covered by the law in effect when the offense was committed,
1-58 and the former law is continued in effect for that purpose.
1-59 SECTION 4. This Act takes effect September 1, 2001.
1-60 * * * * *