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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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breach of computer security. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.01, Penal Code, is amended by adding |
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Subdivision (14-a) to read as follows: |
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(14-a) "Identifying information" has the meaning |
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assigned by Section 32.51. |
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SECTION 2. Sections 33.02(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) An offense under this section is a felony of the third |
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degree, except that the offense is: |
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(1) a felony of the second degree if [Class B
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misdemeanor unless] in committing the offense the actor knowingly |
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obtains a benefit, obtains the identifying information of another, |
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defrauds or harms another, or alters, damages, or deletes property; |
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or |
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(2) a felony of the first degree if in committing the |
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offense the actor knowingly: |
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(A) obtains a benefit, obtains the identifying |
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information of another, defrauds or harms another, or alters, |
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damages, or deletes property; and |
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(B) accesses more than one computer, computer |
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network, or computer system without the effective consent of the |
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owner [, in which event the offense is:
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[(1)
a Class A misdemeanor if the aggregate amount
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involved is less than $1,500;
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[(2) a state jail felony if:
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[(A)
the aggregate amount involved is $1,500 or
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more but less than $20,000; or
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[(B)
the aggregate amount involved is less than
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$1,500 and the defendant has been previously convicted two or more
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times of an offense under this chapter;
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[(3)
a felony of the third degree if the aggregate
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amount involved is $20,000 or more but less than $100,000;
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[(4)
a felony of the second degree if the aggregate
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amount involved is $100,000 or more but less than $200,000; or
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[(5)
a felony of the first degree if the aggregate
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amount involved is $200,000 or more]. |
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(d) A person who is [his] subject to prosecution under this |
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section and any other section of this code may be prosecuted under |
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either or both sections. |
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SECTION 3. Section 33.02(c), Penal Code, is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |