The bill would amend the Penal Code by defining “critical infrastructure facility.”  The bill would also provide that the offense of breach of computer security would be punishable as a state jail felony if the defendant has been previously convicted two or more times of the offense, or if the computer system is owned by the government or a critical infrastructure facility.  The offense of breach of security would be punishable as a state jail felony if the aggregate amount involved in the offense is less than $20,000.  The offense of breach of security would be punishable as a felony of the second degree if the aggregate amount involved is less than $200,000 and the offense is committed against a computer system owned by the government or a critical infrastructure facility.  Under current statute, the offense of breach of computer security is punishable at all offense levels and depends on the dollar amount of the loss.

The bill would take effect September 1, 2009 and apply only to an offense committed on or after the effective date of the Act.

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.