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.
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