SB 811 — AN ACT INCREASING PENALTIES FOR COMPUTER CRIMES AGAINST FINANCIAL INSTITUTIONS AND THEIR CUSTOMERS.

General Assembly SubstituteRaised Bill No.

811 January Session, 2019 ANLCO ACTNo. INCREASING PENALTIES FOR COMPUTER CRIMES AGAINST FINANCIAL INSTITUTIONS AND THEIR CUSTOMERS.

3825 Referred to Committee on BANKING Introduced by:

(BA) AN ACT INCREASING PENALTIES FOR COMPUTER CRIMES AGAINST FINANCIAL INSTITUTIONS AND THEIR CUSTOMERS.

(2) "Computer data" means any representation of information, knowledge,LCO facts,No. concepts or instructions that is being prepared or has been prepared and is intended to be processed, is being processed or has been processed in a computer or computer network.

"Computer3825 LCO1 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00811-R01 of 6 SB.docxRaised Substitute Bill No.No.811 knowledge, facts, concepts or instructions that is being prepared or has been prepared and is intended to be processed, is being processed or has been processed in a computer or computer network.

811"Computer data" may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards or stored internally in the memory of the computer.

(8) "Electronic mail service provider" means any person who (A) is an intermediary in sending or receiving electronic mail, and (B) provides to end-users of electronic mail services the ability to send or LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00812 of 6 R02-SB.docx } Substitute Bill No.

8113825 2 of 6 Raised Bill No.811 (8) "Electronic mail service provider" means any person who (A) is an intermediary in sending or receiving electronic mail, and (B) provides to end-users of electronic mail services the ability to send or receive electronic mail.

(C) financial instruments, computer data, computerLCO programs,No. computer software and all other personal property regardless of whether they are:

3825 3 of 6 Raised Bill No.811 computer programs, computer software and all other personal property regardless of whether they are:

(ii) LCOin {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00813a offormat 6readable R02-SB.docxby }humans Substituteor Billby No.a computer;

811 in a format readable by humans or by a computer;

(2) Cause a computer to malfunction, regardless of how long the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00814 of 6 R02-SB.docx } Substitute Bill No.

8113825 4 of 6 Raised Bill No.811 (2) Cause a computer to malfunction, regardless of how long the malfunction persists;

(d) Any person who violates any provision of this section shall be guilty of a class B misdemeanor, except that (1) if such person's reckless disregard for the consequences of such person's actions causes damage to the property of another person in an amount exceeding two LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00815 of 6 R02-SB.docx } Substitute Bill No.

8113825 thousand5 five hundred dollars, such person shall be guilty of a6 classRaised ABill misdemeanor,No. [and] (2) if such person's malicious actions cause damage to the property of another person in an amount exceeding two thousand five hundred dollars, such person shall be guilty of a class D felony, and (3) if such person violates this section with respect to the property of a financial institution, including, but not limited to, any computer, computer network, computer program or computer software owned, leased or licensed by a financial institution, such person shall be guilty of a class C felony.

811 damage to the property of another person in an amount exceeding two thousand five hundred dollars, such person shall be guilty of a class A misdemeanor, [and] (2) if such person's malicious actions cause damage to the property of another person in an amount exceeding two thousand five hundred dollars, such person shall be guilty of a class D felony, and (3) if such person violates this section with respect to the property of a financial institution, including, but not limited to, any computer, computer network, computer program or computer software owned, leased or licensed by a financial institution, shall be guilty of a class A felony.

Section 1 October 1, 2019 53-451 JUDStatement Jointof FavorablePurpose: Subst.

LCOTo {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-008116increase ofpenalties 6for R02-SB.docxcomputer }crimes against financial institutions and their customers.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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