BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 195


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          195 (Chau) - As Amended April 6, 2015


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          |Policy       |Public Safety                  |Vote:|6 - 0        |
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          |             | Privacy and Consumer          |     |10 - 0       |
          |             |Protection                     |     |             |
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          |-------------+-------------------------------+-----+-------------|
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill prohibits the solicitation of another person to commit  
          or assist in the commission of a variety of crimes related to  








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          the unauthorized access of computer systems. Specifically, this  
          bill: 


          1)Provides that every person who intentionally solicits another  
            to commit any of a number of specified computer crimes shall  
            be punished by imprisonment in a county jail for a period not  
            to exceed six months, with every subsequent violation by that  
            same person being punished by imprisonment not to exceed one  
            year.

          2)Provides that every person who intentionally offers to solicit  
            assistance for another to commit any of a number of specified  
            computer crimes, which includes persons operating websites  
            that offer to assist others in locating 'hacking services' (as  
            defined), shall be punished by imprisonment in a county jail  
            for a period not to exceed six months, with every subsequent  
            violation by that same person being punished by imprisonment  
            not to exceed one year.

          FISCAL EFFECT:


          Moderate nonreimbursable local costs for incarceration, offset  
          to a degree by fee revenue as this type of crimes will probably  
          be added to another computer crime charge.


          COMMENTS:


          1)Background.  Current law provides general punishments for  
            solicitation of another to commit various crimes, such as  
            murder, carjacking, robbery, burglary, theft, extortion,  
            forgery, kidnapping, arson, etc. 


            Current law provides punishments for various specific serious  
            computer-related crimes by a fine not exceeding $10,000, by a  








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            sentenced felony jail term of 16 months, two years or three  
            years, or both; or as a misdemeanor by a fine not exceeding  
            $5,000, by imprisonment in a county jail not exceeding one  
            year, or both.  Current law also provides general punishments  
            for lesser computer crimes.    


          2)Purpose.  This bill is intended to explicitly prohibit the  
            solicitation of another to commit a variety of  
            computer-related crimes.  The impetus for this measure stems  
            from the growth in 'hackers-for-hire' websites where  
            individuals can pay to have hackers gain unauthorized access  
            to computer systems. 


          3)Related Legislation.  AB 32 (Waldron) adds an additional fine  
            not to exceed $10,000 for each digital image of a person's  
            body parts that were acquired as a result of an unauthorized  
            access to a computer system.  This bill is currently pending  
            in the Assembly Public Safety Committee.



            SB 30 (Gaines) prohibits the theft of a motor vehicle by  
            commandeering its operating system, with penalties ranging  
            from three years imprisonment to a $1000 fine and six months  
            imprisonment depending on whether or not the vehicle's value  
            exceeds $950.  This bill is currently pending in the Senate  
            Public Safety Committee. 


            


          4)Prior Legislation.  AB 1642 (Waldron), Chapter 379, Statutes  
            of 2014, specified the penalties for any person who disrupts  
            or causes the disruption of, adds, alters, damages, destroys,  
            provides or assists in providing a means of accessing, or  
            introduces any computer contaminant into a "government  








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            computer system" or a "public safety infrastructure computer  
            system," as specified, and changes and adds the definition of  
            specified terms.  

          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081