Legislature(1999 - 2000)
2000-02-04 House Journal
Full Journal pdf2000-02-04 House Journal Page 2095 HB 338 HOUSE BILL NO. 338 by the House Rules Committee by request of the Governor, entitled: "An Act relating to crimes involving computers, access devices, other technology, and identification documents; relating to the crime of criminal impersonation; relating to crimes committed by the unauthorized access to or use of communications in electronic storage; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 2000-02-04 House Journal Page 2096 HB 338 The following fiscal notes apply: Fiscal note, Dept. of Administration, 2/4/00 Fiscal note, Dept. of Law, 2/4/00 Fiscal note, Dept. of Public Safety, 2/4/00 The Governor's transmittal letter dated February 2, 2000, appears below: "Dear Speaker Porter: The advances in technology in the last decade have given us dazzling and practical tools for working together and communicating with the entire world. With these advances, however, come opportunities for criminals to victimize individuals and the public in devious and harmful ways. This bill I am transmitting today will help law enforcement prosecute those who cause harm and commit crimes through the use of computers and other high technology. This bill recognizes that theft of personal information, known as "identity theft," can damage people in financial loss and reputation, which is difficult to repair. Moreover, it is often difficult for the owner of the identity to get help from law enforcement because that person is not considered the victim; the bank, credit card company, or retailer who advanced the property or services is considered the victim. Deceptive business practices, such as fraud and false advertising, can more easily be perpetrated through electronic communication methods with a limitless number of potential victims. Additionally, offenses such as the production of child pornography are much more harmful to victims when the material is widely dispersed in an electronic format. To address all of the above issues, the bill specifically makes the following changes in our criminal laws: 2000-02-04 House Journal Page 2097 HB 338 Eliminates any potential confusion that placing child pornography in an electronic format and then onto a computer network or computer system is a serious crime. Replaces "credit card" with "access device" in our theft statutes so they clearly include identification numbers and telephone information in addition to credit card numbers. Allows a person to be prosecuted for obtaining an "access device" with intent to use it fraudulently, and for using the device to defraud. Establishes a class B felony to use identity information of another person without authorization and for damaging the financial reputation of that person. A class B felony is punishable by imprisonment for up to 10 years and by a fine of up to $50,000. Raises the stakes for engaging in deceptive business practices with the use of a computer by making it a class C felony, punishable by up to five years incarceration and a $50,000 fine. Broadens the definition of criminal use of a computer, a class C felony, to include obtaining proprietary information, information that is only available to the public for a fee, introducing information that damages the computer, and encrypting information. Makes it a class A misdemeanor to eavesdrop on another person's electronic or voice mail or other communication in electronic storage. A class A misdemeanor is punishable by up to one year in jail and a fine of up to $5,000. This bill is timely and necessary to keep law enforcement in pace with modern technology. Sincerely, /s/ Tony Knowles Governor"