BILL ANALYSIS
AB 22
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 22 (Torres)
As Amended June 16, 2009
Majority vote
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|ASSEMBLY: |75-0 |(April 20, |SENATE: |40-0 |(June 22, |
| | |2009) | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the maximum fines for those convicted of
feloniously tampering, interfering, damaging, and obtaining
unauthorized access to computer data and computer systems.
Specifically, this bill :
The Senate amendments decrease the maximum fine from $15,000 to
$12,000 when any person :
1)K nowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or
computer network that results in a victim expenditure in an
amount greater than $5,000.
2)K nowingly and without permission accesses or causes to be
accessed any computer, computer system or computer network
that results in a victim expenditure in an amount greater than
$5,000.
3)K nowingly introduces any computer contaminant into any
computer, or computer system, or computer network that results
in injury, or for a second or subsequent violation.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that any person who knowingly accessed and without
permission altered, damaged, deleted, destroyed, or otherwise
used any data, computer, computer system, or computer network
in order to devise or execute any scheme or artifice to
defraud, deceive, or extort, or wrongfully control or obtain
money, property or data is punishable by a fine not exceeding
$15,000, by imprisonment in the state prison for 16 months, 2
AB 22
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or 3 years, or by both that fine and imprisonment; or by a
fine not exceeding $5,000, by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
2)Stated that any person who knowingly accessed and without
permission took, copied or made use of any data from a
computer, computer system, or computer network, or took or
copied any supporting documentation, whether existing or
residing internal or external to a computer, computer system,
or computer network is punishable by a fine not exceeding
$15,000, by imprisonment in the state prison for 16 months, 2
or 3 years, or by both that fine and imprisonment; or by a
fine not exceeding $5,000, by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
3)Made knowingly accessing and without permission adding,
altering, damaging, deleting, or destroying any data, computer
software, or computer programs which reside or exist internal
or external to a computer, computer system, or computer
network punishable by a fine not exceeding $15,000, by
imprisonment in the state prison for 16 months, 2 or 3 years,
or by both that fine and imprisonment; or by a fine not
exceeding $5,000, by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
4)Provided that knowingly and without permission disrupting or
causing the disruption of computer services or denies or
causes the denial of computer services or denies or causes the
denial of computer services to an authorized user of a
computer, computer system, or computer network is punishable
by a fine not exceeding $15,000, by imprisonment in the state
prison for 16 months, 2 or 3 years, or by both that fine and
imprisonment; or by a fine not exceeding $5,000, by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
5)Stated that any person who knowingly and without permission
provided or assisted in providing a means of accessing a
computer, computer system, or computer network that resulted
in a victim expenditure in an amount greater than $5,000, is
punishable by a fine not exceeding $15,000, by imprisonment in
the state prison for 16 months, 2 or 3 years, or by both that
fine and imprisonment; or by a fine not exceeding $5,000, by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
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6)Made any person who knowingly and without permission accessed
or caused to be accessed any computer, computer system or
computer network that resulted in a victim expenditure in an
amount greater than $5,000 is punishable by a fine not
exceeding $15,000, by imprisonment in the state prison for 16
months, 2 or 3 years, by both that fine and imprisonment; or
by a fine not exceeding $5,000, by imprisonment in a county
jail not exceeding one year, or by both that fine and
imprisonment.
7)Provided that any person who knowingly introduced any computer
contaminant into any computer, or computer system, or computer
network that resulted in injury, or for a second or subsequent
violation, is punishable by a fine not exceeding $15,000; by
imprisonment in a county jail not exceeding on year or in the
state prison; or by both that fine and imprisonment.
8)Stated that any person who knowingly and without permission
used the Internet domain name of another individual,
corporation, or entity in connection with the sending of one
or more electronic mail messages, and thereby damaged or
caused damage to a computer, computer system, or computer
network that results in injury, or for a second or subsequent
violation, is punishable by a fine not exceeding $10,000; by
imprisonment in a county jail not exceeding one year; or, by
both that fine and imprisonment.
FISCAL EFFECT : None
COMMENTS : According to the author, "AB 22 increases the maximum
fine for serious computer hacking offenses, offenses which the
law currently treats as wobblers.
"The increase is significant, from a maximum of $10,000 per
offense to a maximum of $50,000 per offense.
"I have myself been a victim of identity theft, as have many of
my constituents and -
perhaps - many of you. It is a crime that violates the sense of
personal security in a particularly insidious and painful way.
We need more effective deterrents.
"Computer hacking and related identity theft are crimes that
often have a motive of financial gain. By significantly
increasing the maximum fine that a judge may impose on a hacker,
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AB 22 is intended to provide a more substantial deterrent to
commission of these types of offenses without imposing on the
state the increased costs associated with longer terms of
incarceration.
"The bill makes no change in the definition of computer hacking
crimes, and no change in the assessment of what constitutes a
more severe offense. It simply makes a conviction potentially
much more expensive for an offender."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0001488