The bill would amend the Penal Code by expanding the chapter’s definition section to include critical infrastructure facility.  Under the provisions of the bill, breach of computer security of a computer, computer network, or computer system owned by the government or a critical infrastructure facility would be punishable as a second degree felony.  The bill would also provide for enhancement to second degree felony if in committing breach of computer security the individual accessed the identifying information of another.  Under current statute, breach of computer security is punishable at all offense levels and depends on the dollar amount of the loss.

Any impact on the adult correctional population will likely be as a result of the provision which allows for the penalty to be enhanced from that of a misdemeanor to a felony.  In fiscal year 2008 less than 10 offenders were placed on community supervision, admitted to state jail or admitted to prison for breach of computer security.  Assuming sentencing patterns and release policies not addressed in this bill remain constant; implementing the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State.