BILL ANALYSIS Ó
AB 32
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
32 (Waldron)
As Amended July 15, 2015
Majority vote
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|ASSEMBLY: | 78-0 | (April 9, |SENATE: |40-0 | (August 31, |
| | |2015) | | |2015) |
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Original Committee Reference: PUB. S.
SUMMARY: Increases fines for felony convictions of specified
computer crimes from a maximum of $5,000, to a maximum of
$10,000.
The Senate amendments:
1)Eliminate the increased fine for misdemeanor violations of the
specified computer offenses.
2)Strike provisions relating to the tolling of the statute of
limitations.
EXISTING LAW:
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1)Punishes any person who knowingly and without permission uses
or causes to be used computer services as follows:
a) For the first violation that does not result in injury,
and where the value of the computer services used does not
exceed $950, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
b) For any violation that results in a victim expenditure
in an amount greater than $5,000 or in an injury, or if the
value of the computer services used exceeds $950, or for
any second or subsequent violation, by a fine not exceeding
$10,000, or by imprisonment for 16 months, or two or three
years, or by both that fine and imprisonment, or by a fine
not exceeding $5,000, or by imprisonment in a county jail
not exceeding one year, or by both that fine and
imprisonment.
2)Punishes any person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or computer network as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure
in an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure
in an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years,
or by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
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3)Punishes any person who knowingly and without permission
accesses or causes to be accessed any computer, computer
system, or computer network as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure
in an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure
in an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years,
or by both that fine and imprisonment, or by a fine not
exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
4)Punishes any person who knowingly and without permission
provides or assists in providing a means of accessing a
computer, computer system, or public safety infrastructure
computer system computer, computer system, or computer network
as follows:
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
b) For any violation that results in a victim expenditure
in an amount not greater than $5,000, or for a second or
subsequent violation, by a fine not exceeding $5,000, or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
c) For any violation that results in a victim expenditure
in an amount greater than $5,000, by a fine not exceeding
$10,000, or by imprisonment pursuant to Penal Code Section
1170 subdivision (h) for 16 months, or two or three years,
or by both that fine and imprisonment, or by a fine not
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exceeding $5,000, or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
5)Punishes any person who knowingly introduces any computer
contaminant into any computer, computer system, or computer
network as follows:
a) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding $5,000, or
by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
b) For any violation that results in injury, or for a
second or subsequent violation, by a fine not exceeding
$10,000, or by imprisonment in a county jail not exceeding
one year, or by imprisonment, or by both that fine and
imprisonment.
6)Punishes any person who knowingly introduces any computer
contaminant into any public safety infrastructure computer
system computer, computer system, or computer network as
follows:
a) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding $5,000, or
by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
b) For any violation that results in injury, or for a
second or subsequent violation, by a fine not exceeding
$10,000, or by imprisonment in a county jail not exceeding
one year, or by imprisonment, or by both that fine and
imprisonment.
7)Punishes any person who knowingly and without permission uses
the Internet domain name or profile of another individual,
corporation, or entity in connection with the sending of one
or more electronic mail messages or posts and thereby damages
or causes damage to a computer, computer data, computer
system, or computer network.
a) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding $1,000.
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b) For any violation that results in injury, or for a
second or subsequent violation, by a fine not exceeding
$5,000, or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
AS PASSED BY THE ASSEMBLY, this bill:
1)Increased fines from a fine of up to $5,000 to a fine of up to
$10,000 for the following offenses:
a) Knowingly access and without permission alter, damage,
delete, destroy, or otherwise use any data, computer,
computer system, or computer network in order to either i)
devise or execute any scheme or artifice to defraud,
deceive, or extort, or ii) wrongfully control or obtain
money, property, or data.
b) Knowingly access and without permission take, copy, or
make use of any data from a computer, computer system, or
computer network, or take or copy any supporting
documentation, whether existing or residing internal or
external to a computer, computer system, or computer
network.
c) Knowingly access and without permission add, alter,
damage, delete, or destroy any data, computer software, or
computer programs which reside or exist internal or
external to a computer, computer system, or computer
network.
d) Knowingly and without permission disrupt or cause the
disruption of computer services or deny or cause the denial
of computer services to an authorized user of a computer,
computer system, or computer network.
e) Second or subsequent violations of knowingly and without
permission provides or assists in providing a means of
accessing a computer, computer system, or computer network
in violation of this section.
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f) Second or subsequent violations of knowingly and without
permission accessing or causing to be accessed any
computer, computer system, or computer network.
g) Knowingly introducing any computer contaminant into any
computer, computer system, or computer network.
h) Second or subsequent violations of knowingly and without
permission using the Internet domain name or profile of
another individual, corporation, or entity in connection
with the sending of one or more electronic mail messages or
posts and thereby damaging or causing damage to a computer,
computer data, computer system, or computer network.
i) Knowingly and without permission disrupting or causing
the disruption of government computer services or denying
or causing the denial of government computer services to an
authorized user of a government computer, computer system,
or computer network.
j) Knowingly access and without permission add, alter,
damage, delete, or destroy any data, computer software, or
computer programs which reside or exist internal or
external to a public safety infrastructure computer system
computer, computer system, or computer network.
aa) Knowingly and without permission disrupting or causing
the disruption of public safety infrastructure computer
system computer services or denying or causing the denial
of computer services to an authorized user of a public
safety infrastructure computer system computer, computer
system, or computer network.
bb) Second or subsequent violations of knowingly and without
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permission providing or assisting in providing a means of
accessing a computer, computer system, or public safety
infrastructure computer system computer, computer system,
or computer network in violation of this section.
cc) Knowingly introducing any computer contaminant into any
public safety infrastructure computer system computer,
computer system, or computer network.
2)Provided that the statute of limitations does not commence to
run until the discovery of specified computer hacking offenses
in which it is alleged that the defendant acquired, copied, or
distributed one or more digital images of a person that
displays an intimate body part of the person. Includes the
following definitions:
a) Defines "intimate body part" as any portion of the
genitals, the anus, and in the case of a female also
includes any portion of the breasts below the top of the
areola, that is either uncovered or clearly visible through
clothing; and
b) Defines "digital images of a person" as not including
representational images, artwork, or cartoon drawings.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "Cyber criminals compromise
personal information for individual gain or to merely cause a
disruption. This year, The California Department of Motor
Vehicles computer system was hacked causing a data security
breach in its credit card processing services. Existing fines
are just a small sum compared to the dollar who have been
violated. Ordinary computer hacking penalties do not
sufficiently capture the emotional trauma and hardship that such
data breach can cause. AB 32 will make crimes involving
computer hacking punishable by up to $10,000 for misdemeanor
offenses. It is important to keep up with the new emerging
computer crimes to make sure that the violators do not go
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unpunished and to prevent future crimes in such circumstances."
Analysis Prepared by:
Gabriel Caswell / PUB. S. / (916) 319-3744 FN:
0001577