Maryland 2025 Regular Session

Maryland Senate Bill SB81 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0081*
96
107 SENATE BILL 81
118 E1 5lr0899
12-SB 496/24 – JPR (PRE–FILED) CF HB 445
9+SB 496/24 – JPR (PRE–FILED) CF 5lr0898
1310 By: Senator Kagan
1411 Requested: September 19, 2024
1512 Introduced and read first time: January 8, 2025
1613 Assigned to: Judicial Proceedings
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 7, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Criminal Law – Interference With a Public Safety Answering Point – Penalties 2
2620
2721 FOR the purpose of prohibiting a person from taking certain actions with the intent to 3
2822 interrupt or impair the functioning of a public safety answering point; prohibiting a 4
2923 person from taking certain actions that interrupt or impair the functioning of a 5
3024 public safety answering point; and generally relating to public safety answering 6
3125 points. 7
3226
3327 BY repealing and reenacting, with amendments, 8
3428 Article – Criminal Law 9
3529 Section 7–302(c) and (d) 10
3630 Annotated Code of Maryland 11
3731 (2021 Replacement Volume and 2024 Supplement) 12
3832
3933 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
4034 That the Laws of Maryland read as follows: 14
4135
4236 Article – Criminal Law 15
4337
4438 7–302. 16
4539
4640 (c) (1) A person may not intentionally, willfully, and without authorization: 17
47- 2 SENATE BILL 81
4841
42+ (i) access, attempt to access, cause to be accessed, or exceed the 18
43+person’s authorized access to all or part of a computer network, computer control language, 19
44+computer, computer software, computer system, computer service, or computer database; 20
45+or 21
4946
50- (i) access, attempt to access, cause to be accessed, or exceed the 1
51-person’s authorized access to all or part of a computer network, computer control language, 2
52-computer, computer software, computer system, computer service, or computer database; 3
53-or 4
54-
55- (ii) copy, attempt to copy, possess, or attempt to possess the contents 5
56-of all or part of a computer database accessed in violation of item (i) of this paragraph. 6
57-
58- (2) A person may not commit an act prohibited by paragraph (1) of this 7
59-subsection with the intent to: 8
60-
61- (i) cause the malfunction or interrupt the operation of all or any part 9
62-of a computer, computer network, computer control language, computer software, computer 10
63-system, computer service, or computer data; or 11
64-
65- (ii) alter, damage, or destroy all or any part of data or a computer 12
66-program stored, maintained, or produced by a computer, computer network, computer 13
67-software, computer system, computer service, or computer database. 14
68-
69- (3) A person may not intentionally, willfully, and without authorization: 15
70-
71- (i) possess, identify, or attempt to identify a valid access code; or 16
72-
73- (ii) publicize or distribute a valid access code to an unauthorized 17
74-person. 18
75-
76- (4) A person may not commit an act prohibited under this subsection with 19
77-the intent to interrupt or impair the functioning of: 20
78-
79- (i) the State government; 21
80-
81- (ii) a service, device, or system related to the production, 22
82-transmission, delivery, or storage of electricity or natural gas in the State that is owned, 23
83-operated, or controlled by a person other than a public service company, as defined in § 24
84-1–101 of the Public Utilities Article; 25
85-
86- (iii) a service provided in the State by a public service company, as 26
87-defined in § 1–101 of the Public Utilities Article; 27
88-
89- (iv) a health care facility, as defined in § 18–338.1 of the 28
90-Health – General Article; or 29
91-
92- (v) a public school, as defined in § 1–101 of the Education Article. 30
93-
94- (5) (i) This paragraph does not apply to a person who has a bona fide 31
95-scientific, educational, governmental, testing, news, or other similar justification for 32
96-possessing ransomware. 33 SENATE BILL 81 3
47+ (ii) copy, attempt to copy, possess, or attempt to possess the contents 22
48+of all or part of a computer database accessed in violation of item (i) of this paragraph. 23 2 SENATE BILL 81
9749
9850
9951
100- (ii) A person may not knowingly possess ransomware with the intent 1
101-to use the ransomware for the purpose of introduction into the computer, computer 2
102-network, or computer system of another person without the authorization of the other 3
103-person. 4
52+ (2) A person may not commit an act prohibited by paragraph (1) of this 1
53+subsection with the intent to: 2
10454
105- (6) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 5
106-SUBSECTION WITH THE INTENT TO INTERRUPT OR IMPAIR THE FUNCTI ONING OF A 6
107-PUBLIC SAFETY ANSWER ING POINT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 7
108-ARTICLE. 8
55+ (i) cause the malfunction or interrupt the operation of all or any part 3
56+of a computer, computer network, computer control language, computer software, computer 4
57+system, computer service, or computer data; or 5
10958
110- (7) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 9
111-SUBSECTION THAT INTE RRUPTS OR IMPAIRS TH E FUNCTIONING OF A P UBLIC 10
112-SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 11
113-ARTICLE. 12
59+ (ii) alter, damage, or destroy all or any part of data or a computer 6
60+program stored, maintained, or produced by a computer, computer network, computer 7
61+software, computer system, computer service, or computer database. 8
11462
115- (d) (1) A person who violates subsection (c)(1) of this section is guilty of a 13
116-misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine 14
117-not exceeding $1,000 or both. 15
63+ (3) A person may not intentionally, willfully, and without authorization: 9
11864
119- (2) A person who violates subsection (c)(2) or (3) of this section: 16
65+ (i) possess, identify, or attempt to identify a valid access code; or 10
12066
121- (i) if the aggregate amount of the loss is $10,000 or more, is guilty 17
122-of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 18
123-exceeding $10,000 or both; or 19
67+ (ii) publicize or distribute a valid access code to an unauthorized 11
68+person. 12
12469
125- (ii) if the aggregate amount of the loss is less than $10,000, is guilty 20
126-of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 21
127-fine not exceeding $5,000 or both. 22
70+ (4) A person may not commit an act prohibited under this subsection with 13
71+the intent to interrupt or impair the functioning of: 14
12872
129- (3) A person who violates subsection (c)(4) of this section: 23
73+ (i) the State government; 15
13074
131- (i) if the aggregate amount of the loss is $10,000 or more, is guilty 24
132-of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 25
133-exceeding $100,000 or both; or 26
75+ (ii) a service, device, or system related to the prod uction, 16
76+transmission, delivery, or storage of electricity or natural gas in the State that is owned, 17
77+operated, or controlled by a person other than a public service company, as defined in § 18
78+1–101 of the Public Utilities Article; 19
13479
135- (ii) if the aggregate amount of the loss is less than $10,000, is guilty 27
136-of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 28
137-fine not exceeding $25,000 or both. 29
80+ (iii) a service provided in the State by a public service company, as 20
81+defined in § 1–101 of the Public Utilities Article; 21
13882
139- (4) A person who violates subsection (c)(5) of this section is guilty of a 30
140-misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 31
141-not exceeding $5,000 or both. 32
83+ (iv) a health care facility, as defined in § 18–338.1 of the 22
84+Health – General Article; or 23
85+
86+ (v) a public school, as defined in § 1–101 of the Education Article. 24
87+
88+ (5) (i) This paragraph does not apply to a person who has a bona fide 25
89+scientific, educational, governmental, testing, news, or other similar justification for 26
90+possessing ransomware. 27
91+
92+ (ii) A person may not knowingly possess ransomware with the intent 28
93+to use the ransomware for the purpose of introduction into the computer, computer 29
94+network, or computer system of another person without the authorization of the other 30
95+person. 31
96+
97+ (6) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 32 SENATE BILL 81 3
98+
99+
100+SUBSECTION WITH THE INTENT TO INTERRUPT OR IMPAIR THE FUNCTIONING OF A 1
101+PUBLIC SAFETY ANSWER ING POINT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 2
102+ARTICLE. 3
103+
104+ (7) A PERSON MAY NOT COMMI T AN ACT PROHIBITED UNDER THIS 4
105+SUBSECTION THAT INTE RRUPTS OR IMPAIRS TH E FUNCTIONING OF A PUB LIC 5
106+SAFETY ANSWERING POI NT, AS DEFINED IN § 1–301 OF THE PUBLIC SAFETY 6
107+ARTICLE. 7
108+
109+ (d) (1) A person who violates subsection (c)(1) of this section is guilty of a 8
110+misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine 9
111+not exceeding $1,000 or both. 10
112+
113+ (2) A person who violates subsection (c)(2) or (3) of this section: 11
114+
115+ (i) if the aggregate amount of the loss is $10,000 or more, is guilty 12
116+of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 13
117+exceeding $10,000 or both; or 14
118+
119+ (ii) if the aggregate amount of the loss is less than $10,000, is guilty 15
120+of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 16
121+fine not exceeding $5,000 or both. 17
122+
123+ (3) A person who violates subsection (c)(4) of this section: 18
124+
125+ (i) if the aggregate amount of the loss is $10,000 or more, is guilty 19
126+of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not 20
127+exceeding $100,000 or both; or 21
128+
129+ (ii) if the aggregate amount of the loss is less than $10,000, is guilty 22
130+of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a 23
131+fine not exceeding $25,000 or both. 24
132+
133+ (4) A person who violates subsection (c)(5) of this section is guilty of a 25
134+misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 26
135+not exceeding $5,000 or both. 27
136+
137+ (5) A PERSON WHO VIOLATES SUBSECTION (C)(6) OF THIS SECTION IS 28
138+GUILTY OF A FELONY A ND ON CONVIC TION IS SUBJECT TO I MPRISONMENT NOT 29
139+EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 30
140+
141+ (6) A PERSON WHO VIOLATES SUBSECTION (C)(7) OF THIS SECTION IS 31
142+GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 32
143+EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 33
142144 4 SENATE BILL 81
143145
144146
145- (5) A PERSON WHO VIOLATES SUBSECTION (C)(6) OF THIS SECTION IS 1
146-GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 2
147-EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $25,000 OR BOTH. 3
148-
149- (6) A PERSON WHO VIOLATES SUBSECTION (C)(7) OF THIS SECTION IS 4
150-GUILTY OF A FELONY A ND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT 5
151-EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 6
152-
153- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
154-October 1, 2025. 8
147+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
148+October 1, 2025. 2
155149
156150
157-
158-Approved:
159-________________________________________________________________________________
160- Governor.
161-________________________________________________________________________________
162- President of the Senate.
163-________________________________________________________________________________
164- Speaker of the House of Delegates.