BILL ANALYSIS                                                                                                                                                                                                    



                                                                      AB 32


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          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