AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
C.S.S.B. 841 amends current law relating to the prosecution of and punishment for the offense of breach of computer security.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 33.01, Penal Code, by adding Subdivisions (10-a) and (14-a), to define, respectively, "critical infrastructure facility" and " identifying information."
SECTION 2. Amends Sections 33.02, Penal Code, by amending Subsections (b) and (d) and adding Subsections (b-1), (b-2), and (e), as follows:
(b) Provides that an offense under Subsection (a) (relating to access without consent of owner) is a Class B misdemeanor, except that the offense is a state jail felony if the defendant has been previously convicted two or more times of an offense under this chapter; or the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.
(b-1) Provides that a person commits an offense, if, with the intent to obtain a benefit, defraud or harm another, or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
(b-2) Provides that an offense under Subsection (b-1) is:
(1) a felony of the third degree if the aggregate amount involved is less than $100,000, rather than $20,000 or more but less than $100,000;
(2) a felony of the second degree if:
(A) the aggregate amount involved is $100,000 or more but less than $200,000;
(B) the aggregate amount involved is any amount less than $200,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or
(C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or
(3) a felony of the first degree if the aggregate amount involved is $200,000 or more; or the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.
Deletes existing text providing that an offense under this section is a Class B misdemeanor unless in committing the offense the actor knowingly obtains a benefit, defrauds, or harms another, or alters, damages, or deletes property, in which event the offense is a Class A misdemeanor if the aggregate amount involved is less than $1,500; a state jail felony if the aggregate amount involved is $1,500 or more but less than $20,000; or the aggregate amount involved is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter.
(d) Provides that a person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections. Makes a nonsubstantive change.
(e) Provides that it is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2011.