Texas 2017 - 85th Regular

Texas Senate Bill SB1477 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 1477
	2	+	(In the Senate - Filed March 8, 2017; March 20, 2017, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 24, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; April 24, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1477 By: Perry
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to ransomware; creating a criminal offense.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Chapter 33, Penal Code, is amended by adding
9	16		Section 33.023 to read as follows:
10	17		Sec. 33.023. RANSOMWARE ATTACK AND EXTORTION. (a) In this
11	18		section:
12	19		(1) "Privileged information" means:
13	20		(A) protected health information, as that term is
14	21		defined by Section 182.002, Health and Safety Code;
15	22		(B) information that is subject to the
16	23		attorney-client privilege; or
17	24		(C) information that is subject to the
18	25		accountant-client privilege under Section 901.457, Occupations
19	26		Code, or other law, if the information is on a computer, computer
20	27		network, or computer system owned by a person possessing a license
21	28		issued under Subchapter H, Chapter 901, Occupations Code.
22	29		(2) "Ransomware" means computer software that:
23	30		(A) is introduced onto a computer, computer
24	31		network, or computer system; and
25	32		(B) prevents the owner of the computer, computer
26	33		network, or computer system, or another person with the effective
27	34		consent of the owner, from accessing information on that computer,
28	35		computer network, or computer system.
29	36		(b) A person commits an offense if the person intentionally:
30		-	(1) introduces ransomware ~~or causes ransomware to be~~
31		-	~~introduced onto a computer, computer~~ network, or computer system
32		-	~~without the effective consent of the~~ owner; and
	37	+	(1) introduces ransomware onto a computer, computer
	38	+	network, or computer system without the effective consent of the
	39	+	owner; and
33	40		(2) demands payment or other consideration to:
34	41		(A) remove the ransomware;
35	42		(B) restore the owner's access to the computer,
36	43		computer network, or computer system; or
37	44		(C) otherwise mitigate the effects of the
38	45		ransomware.
39	46		(c) Except as provided by Subsection (d), an offense under
40	47		this section is:
41	48		(1) a Class C misdemeanor if the value of the payment
42		-	or other consideration demanded is less than $100 or cannot be
43		-	determined;
	49	+	or other consideration demanded is less than $100;
44	50		(2) a Class B misdemeanor if the value of the payment
45	51		or other consideration demanded is $100 or more but less than $750;
46	52		(3) a Class A misdemeanor if the value of the payment
47	53		or other consideration demanded is $750 or more but less than
48	54		$2,500;
49	55		(4) a state jail felony if the value of the payment or
50	56		other consideration demanded is $2,500 or more but less than
51	57		$30,000;
52	58		(5) a felony of the third degree if the value of the
53	59		payment or other consideration demanded is $30,000 or more but less
54	60		than $150,000;
55	61		(6) a felony of the second degree if the value of the
56	62		payment or other consideration demanded is $150,000 or more but
57	63		less than $300,000; and
58	64		(7) a felony of the first degree if the value of the
59	65		payment or other consideration demanded is $300,000 or more.
60	66		(d) If it is shown on the trial of the offense that the
61	67		defendant knowingly restricted a victim's access to privileged
62	68		information, an offense under this section is:
63	69		(1) a state jail felony if the value of the payment or
64	70		other consideration demanded is less than $2,500;
65	71		(2) a felony of the third degree if:
66	72		(A) the value of the payment or other
67	73		consideration demanded is $2,500 or more but less than $30,000; or
68	74		(B) a client or patient of a victim suffered harm
69	75		attributable to the offense;
70	76		(3) a felony of the second degree if:
71	77		(A) the value of the payment or other
72	78		consideration demanded is $30,000 or more but less than $150,000;
73	79		or
74	80		(B) a client or patient of a victim suffered
75	81		bodily injury attributable to the offense; and
76	82		(4) a felony of the first degree if:
77	83		(A) the value of the payment or other
78	84		consideration demanded is $150,000 or more; or
79	85		(B) a client or patient of a victim suffered
80	86		serious bodily injury or death attributable to the offense.
81	87		(e) A person who is subject to prosecution under this
82	88		section and any other section of this code may be prosecuted under
83	89		either section or both sections.
84		-	(f) For purposes of calculating the value of the payment or
85		-	other consideration under Subsection (c) or (d), the exchange rate
86		-	between a foreign currency and the United States dollar is
87		-	established at the earlier of:
88		-	(1) the date the demand was made, if known; or
89		-	(2) the date the victim became aware of the demand.
90	90		SECTION 2. The change in law made by this Act applies only
91	91		to an offense committed on or after the effective date of this Act.
92	92		An offense committed before the effective date of this Act is
93	93		governed by the law in effect on the date the offense was committed,
94	94		and the former law is continued in effect for that purpose. For
95	95		purposes of this section, an offense was committed before the
96	96		effective date of this Act if any element of the offense occurred
97	97		before that date.
98	98		SECTION 3. This Act takes effect September 1, 2017.
	99	+	* * * * *