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A BILL TO BE ENTITLED
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AN ACT
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relating to ransomware; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Penal Code, is amended by adding |
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Section 33.023 to read as follows: |
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Sec. 33.023. RANSOMWARE ATTACK AND EXTORTION. (a) In this |
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section: |
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(1) "Privileged information" means: |
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(A) protected health information, as that term is |
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defined by Section 182.002, Health and Safety Code; |
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(B) information that is subject to the |
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attorney-client privilege; or |
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(C) information that is subject to the |
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accountant-client privilege under Section 901.457, Occupations |
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Code, or other law, if the information is on a computer, computer |
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network, or computer system owned by a person possessing a license |
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issued under Subchapter H, Chapter 901, Occupations Code. |
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(2) "Ransomware" means computer software that: |
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(A) is introduced onto a computer, computer |
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network, or computer system; and |
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(B) prevents the owner of the computer, computer |
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network, or computer system, or another person with the effective |
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consent of the owner, from accessing information on that computer, |
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computer network, or computer system. |
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(b) A person commits an offense if the person intentionally: |
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(1) introduces ransomware or causes ransomware to be |
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introduced onto a computer, computer network, or computer system |
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without the effective consent of the owner; and |
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(2) demands payment or other consideration to: |
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(A) remove the ransomware; |
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(B) restore the owner's access to the computer, |
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computer network, or computer system; or |
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(C) otherwise mitigate the effects of the |
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ransomware. |
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(c) Except as provided by Subsection (d), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the payment |
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or other consideration demanded is less than $100 or cannot be |
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determined; |
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(2) a Class B misdemeanor if the value of the payment |
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or other consideration demanded is $100 or more but less than $750; |
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(3) a Class A misdemeanor if the value of the payment |
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or other consideration demanded is $750 or more but less than |
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$2,500; |
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(4) a state jail felony if the value of the payment or |
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other consideration demanded is $2,500 or more but less than |
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$30,000; |
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(5) a felony of the third degree if the value of the |
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payment or other consideration demanded is $30,000 or more but less |
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than $150,000; |
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(6) a felony of the second degree if the value of the |
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payment or other consideration demanded is $150,000 or more but |
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less than $300,000; and |
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(7) a felony of the first degree if the value of the |
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payment or other consideration demanded is $300,000 or more. |
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(d) If it is shown on the trial of the offense that the |
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defendant knowingly restricted a victim's access to privileged |
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information, an offense under this section is: |
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(1) a state jail felony if the value of the payment or |
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other consideration demanded is less than $2,500; |
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(2) a felony of the third degree if: |
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(A) the value of the payment or other |
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consideration demanded is $2,500 or more but less than $30,000; or |
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(B) a client or patient of a victim suffered harm |
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attributable to the offense; |
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(3) a felony of the second degree if: |
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(A) the value of the payment or other |
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consideration demanded is $30,000 or more but less than $150,000; |
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or |
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(B) a client or patient of a victim suffered |
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bodily injury attributable to the offense; and |
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(4) a felony of the first degree if: |
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(A) the value of the payment or other |
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consideration demanded is $150,000 or more; or |
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(B) a client or patient of a victim suffered |
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serious bodily injury or death attributable to the offense. |
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(e) A person who is 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 section or both sections. |
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(f) For purposes of calculating the value of the payment or |
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other consideration under Subsection (c) or (d), the exchange rate |
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between a foreign currency and the United States dollar is |
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established at the earlier of: |
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(1) the date the demand was made, if known; or |
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(2) the date the victim became aware of the demand. |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |