| 1 | 1 | | By: Patrick S.B. No. 249 |
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| 2 | 2 | | (In the Senate - Filed January 25, 2013; January 29, 2013, |
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| 3 | 3 | | read first time and referred to Committee on Criminal Justice; |
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| 4 | 4 | | March 20, 2013, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 5, Nays 0; March 20, 2013, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 249 By: Schwertner |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the prosecution of the offense of breach of computer |
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| 13 | 13 | | security. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subsection (b-1), Section 33.02, Penal Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (b-1) A person commits an offense if: |
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| 18 | 18 | | (1) with the intent to defraud or harm another or |
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| 19 | 19 | | alter, damage, or delete property, the person knowingly accesses a |
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| 20 | 20 | | computer, computer network, or computer system without the |
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| 21 | 21 | | effective consent of the owner; or |
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| 22 | 22 | | (2) with the intent to obtain a benefit, the person |
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| 23 | 23 | | knowingly accesses a computer, computer network, or computer system |
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| 24 | 24 | | in violation of: |
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| 25 | 25 | | (A) a clear and conspicuous prohibition by the |
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| 26 | 26 | | owner of the computer, computer network, or computer system; or |
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| 27 | 27 | | (B) a contractual agreement to which the person |
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| 28 | 28 | | has expressly agreed. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
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| 31 | 31 | | An offense committed before the effective date of this Act is |
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| 32 | 32 | | covered by the law in effect when the offense was committed, and the |
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| 33 | 33 | | former law is continued in effect for that purpose. For purposes of |
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| 34 | 34 | | this section, an offense was committed before the effective date of |
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| 35 | 35 | | this Act if any element of the offense occurred before that date. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 37 | 37 | | * * * * * |
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