Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to create two new offenses: electronic access interference and electronic data tampering. Under the provisions of the bill, an individual who intentionally interrupts or suspends access to a computer system or network without the effective consent of the owner could be prosecuted for electronic access interference, a third degree felony. The bill would also make altering data as it transmits between two computers in a computer network or system without the effective consent of the owner or introducing malware onto a computer or a computer network or system without the effective consent of the owner punishable as criminal offense. The punishment for electronic data tampering would range from a misdemeanor to a felony with the punishment level based on intent, the type of system or network involved, and the amount of pecuniary loss.
A first degree felony is punishable by confinement in prison for a term from 5 to 99 years; a second degree felony for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in state jail for a term from 180 days to 2 years or Class A Misdemeanor punishment. In addition to confinement, all felonies are also subject to an optional fee not to exceed $10,000.
Creating an offense is expected to result in increased demands upon the correctional resources of counties or of the State as a result of additional individuals placed under supervision in the community, incarcerated in state correctional institutions, or placed under parole supervision. However, this analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources.