Amend HB 9 (senate committee printing) as follows:
(1) In the recital to SECTION 2 of the bill (page 1, line 26), strike "(13-b), and (13-c)" and substitute "(13-b), (13-c), and (15-a)".
(2) In SECTION 2 of the bill, amending Section 33.01, Penal Code (page 1, between lines 59 and 60), insert the following:
(15-a) "Privileged information" means:
(A) protected health information, as that term is defined by Section 182.002, Health and Safety Code;
(B) information that is subject to the attorney-client privilege; or
(C) information that is subject to the accountant-client privilege under Section 901.457, Occupations Code, or other law, if the information is on a computer, computer network, or computer system owned by a person possessing a license issued under Subchapter H, Chapter 901, Occupations Code.
(3) In SECTION 3 of the bill, strike added Section 33.023(d), Penal Code (page 2, lines 29-44), and substitute the following:
(d) Subject to Subsections (d-1) and (d-2), an offense under this section is a Class C misdemeanor.
(d-1) Subject to Subsection (d-2), if it is shown on the trial of the offense that the defendant acted with the intent to defraud or harm another, an offense under this section is:
(1) a Class C misdemeanor if the aggregate amount involved is less than $100 or cannot be determined;
(2) a Class B misdemeanor if the aggregate amount involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the aggregate amount involved is $750 or more but less than $2,500;
(4) a state jail felony if the aggregate amount involved is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the aggregate amount involved is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the aggregate amount involved is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the aggregate amount involved is $300,000 or more.
(d-2) If it is shown on the trial of the offense that the defendant knowingly restricted a victim's access to privileged information, an offense under this section is:
(1) a state jail felony if the value of the aggregate amount involved is less than $2,500;
(2) a felony of the third degree if:
(A) the value of the aggregate amount involved is $2,500 or more but less than $30,000; or
(B) a client or patient of a victim suffered harm attributable to the offense;
(3) a felony of the second degree if:
(A) the value of the aggregate amount involved is $30,000 or more but less than $150,000; or
(B) a client or patient of a victim suffered bodily injury attributable to the offense; and
(4) a felony of the first degree if:
(A) the value of the aggregate amount involved is $150,000 or more; or
(B) a client or patient of a victim suffered serious bodily injury or death attributable to the offense.
(4) In SECTION 3 of the bill, strike added Section 33.024(b), Penal Code (page 2, line 65, through page 3, line 11), and substitute the following:
(b) Subject to Subsections (b-1) and (b-2), an offense under this section is a Class C misdemeanor.
(b-1) Subject to Subsection (b-2), if it is shown on the trial of the offense that the defendant acted with the intent to defraud or harm another, an offense under this section is:
(1) a Class C misdemeanor if the value of the aggregate amount involved is less than $100 or cannot be determined;
(2) a Class B misdemeanor if the value of the aggregate amount involved is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the aggregate amount involved is $750 or more but less than $2,500;
(4) a state jail felony if the value of the aggregate amount involved is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the aggregate amount involved is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the aggregate amount involved is $150,000 or more but less than $300,000; and
(7) a felony of the first degree if the value of the aggregate amount involved is $300,000 or more.
(b-2) If it is shown on the trial of the offense that the defendant knowingly decrypted privileged information, an offense under this section is:
(1) a state jail felony if the value of the aggregate amount involved is less than $2,500;
(2) a felony of the third degree if:
(A) the value of the aggregate amount involved is $2,500 or more but less than $30,000; or
(B) a client or patient of a victim suffered harm attributable to the offense;
(3) a felony of the second degree if:
(A) the value of the aggregate amount involved is $30,000 or more but less than $150,000; or
(B) a client or patient of a victim suffered bodily injury attributable to the offense; and
(4) a felony of the first degree if:
(A) the value of the aggregate amount involved is $150,000 or more; or
(B) a client or patient of a victim suffered serious bodily injury or death attributable to the offense.