BILL ANALYSIS Senate Research Center S.B. 249 83R4654 KEL-D By: Patrick Criminal Justice 3/7/2013 As Filed
BILL ANALYSIS
Senate Research Center S.B. 249
83R4654 KEL-D By: Patrick
Criminal Justice
3/7/2013
As Filed
Senate Research Center
S.B. 249
83R4654 KEL-D
By: Patrick
Criminal Justice
3/7/2013
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In the 82nd Legislature, Regular Session, 2011, H.B. 3396 amended the Penal Code to expand the definition of computer crimes and made certain crimes state jail felonies. S.B. 249 clarifies the original intent of H.B. 3396 that a breach of computer security made with the intent to obtain a benefit is a punishable offense based on the standard value ladder in the Penal Code. As proposed, S.B. 249 amends current law relating to the prosecution of the offense of breach of computer security. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 33.02(b-1), Penal Code, to provide that a person commits an offense if, with the intent to obtain a benefit, defraud or harm another, or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2013.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In the 82nd Legislature, Regular Session, 2011, H.B. 3396 amended the Penal Code to expand the definition of computer crimes and made certain crimes state jail felonies.
S.B. 249 clarifies the original intent of H.B. 3396 that a breach of computer security made with the intent to obtain a benefit is a punishable offense based on the standard value ladder in the Penal Code.
As proposed, S.B. 249 amends current law relating to the prosecution of the offense of breach of computer security.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 33.02(b-1), Penal Code, to provide that a person commits an offense if, with the intent to obtain a benefit, defraud or harm another, or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2013.