EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0081* SENATE BILL 81 E1 5lr0899 SB 496/24 – JPR (PRE–FILED) CF HB 445 By: Senator Kagan Requested: September 19, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judicial Proceedings Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 7, 2025 CHAPTER ______ AN ACT concerning 1 Criminal Law – Interference With a Public Safety Answering Point – Penalties 2 FOR the purpose of prohibiting a person from taking certain actions with the intent to 3 interrupt or impair the functioning of a public safety answering point; prohibiting a 4 person from taking certain actions that interrupt or impair the functioning of a 5 public safety answering point; and generally relating to public safety answering 6 points. 7 BY repealing and reenacting, with amendments, 8 Article – Criminal Law 9 Section 7–302(c) and (d) 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2024 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Criminal Law 15 7–302. 16 (c) (1) A person may not intentionally, willfully, and without authorization: 17 2 SENATE BILL 81 (i) access, attempt to access, cause to be accessed, or exceed the 1 person’s authorized access to all or part of a computer network, computer control language, 2 computer, computer software, computer system, computer service, or computer database; 3 or 4 (ii) copy, attempt to copy, possess, or attempt to possess the contents 5 of all or part of a computer database accessed in violation of item (i) of this paragraph. 6 (2) A person may not commit an act prohibited by paragraph (1) of this 7 subsection with the intent to: 8 (i) cause the malfunction or interrupt the operation of all or any part 9 of a computer, computer network, computer control language, computer software, computer 10 system, computer service, or computer data; or 11 (ii) alter, damage, or destroy all or any part of data or a computer 12 program stored, maintained, or produced by a computer, computer network, computer 13 software, computer system, computer service, or computer database. 14 (3) A person may not intentionally, willfully, and without authorization: 15 (i) possess, identify, or attempt to identify a valid access code; or 16 (ii) publicize or distribute a valid access code to an unauthorized 17 person. 18 (4) A person may not commit an act prohibited under this subsection with 19 the intent to interrupt or impair the functioning of: 20 (i) the State government; 21 (ii) a service, device, or system related to the production, 22 transmission, delivery, or storage of electricity or natural gas in the State that is owned, 23 operated, or controlled by a person other than a public service company, as defined in § 24 1–101 of the Public Utilities Article; 25 (iii) a service provided in the State by a public service company, as 26 defined in § 1–101 of the Public Utilities Article; 27 (iv) a health care facility, as defined in § 18–338.1 of the 28 Health – General Article; or 29 (v) a public school, as defined in § 1–101 of the Education Article. 30 (5) (i) This paragraph does not apply to a person who has a bona fide 31 scientific, educational, governmental, testing, news, or other similar justification for 32 possessing ransomware. 33 SENATE BILL 81 3 (ii) A person may not knowingly possess ransomware with the intent 1 to use the ransomware for the purpose of introduction into the computer, computer 2 network, or computer system of another person without the authorization of the other 3 person. 4 (6) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 5 SUBSECTION WITH THE INTENT TO INTERRUPT OR IMPAIR THE FUNCTI ONING OF A 6 PUBLIC SAFETY ANSWER ING POINT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 7 ARTICLE. 8 (7) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 9 SUBSECTION THAT INTE RRUPTS OR IMPAIRS TH E FUNCTIONING OF A P UBLIC 10 SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 11 ARTICLE. 12 (d) (1) A person who violates subsection (c)(1) of this section is guilty of a 13 misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine 14 not exceeding $1,000 or both. 15 (2) A person who violates subsection (c)(2) or (3) of this section: 16 (i) if the aggregate amount of the loss is $10,000 or more, is guilty 17 of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 18 exceeding $10,000 or both; or 19 (ii) if the aggregate amount of the loss is less than $10,000, is guilty 20 of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 21 fine not exceeding $5,000 or both. 22 (3) A person who violates subsection (c)(4) of this section: 23 (i) if the aggregate amount of the loss is $10,000 or more, is guilty 24 of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 25 exceeding $100,000 or both; or 26 (ii) if the aggregate amount of the loss is less than $10,000, is guilty 27 of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 28 fine not exceeding $25,000 or both. 29 (4) A person who violates subsection (c)(5) of this section is guilty of a 30 misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 31 not exceeding $5,000 or both. 32 4 SENATE BILL 81 (5) A PERSON WHO VIOLATES SUBSECTION (C)(6) OF THIS SECTION IS 1 GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 2 EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 3 (6) A PERSON WHO VIOLATES SUBSECTION (C)(7) OF THIS SECTION IS 4 GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 5 EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2025. 8 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.