Legislature(1999 - 2000)

03/20/2000 01:40 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
                    SB 259-THEFT OF IDENTITY                                                                                    
                                                                                                                                
MR. JIM POUND, staff of Senator Taylor, stated that SB 259 is an                                                                
expansion of the previous bill and incorporates some of the federal                                                             
language regarding civil matters.  The current statute only covers                                                              
fraud, and this bill lays out felony and misdemeanor status for                                                                 
different violations.  SB 259 will also include hacking and                                                                     
monetary gain from acts of fraud as a crime.                                                                                    
                                                                                                                                
SENATOR HALFORD moved to adopt CSSB 259.  With no objection, CSSB
259 was adopted.                                                                                                                
                                                                                                                                
MS. CARPENETI went through the work draft for CSSB 259 and laid out                                                             
the following changes:                                                                                                          
                                                                                                                                
On pages one and two, the term "aural" refers to hearing.                                                                       
                                                                                                                                
The last line of page four and top of page five, (d) Deceptive                                                                  
business practices is a class C felony if the person uses the                                                                   
internet or a computer network to commit the offense.  In this                                                                  
subsection, "Internet" means the combination of computer systems or                                                             
networks that make up the international network for interactive                                                                 
communications services, including remote logins, file transfer,                                                                
electronic mail, and news groups, raises a class A misdemeanor to                                                               
a class C felony.  DOL was concerned the previous bill was too                                                                  
broad and the purpose of the new language is to raise the penalty                                                               
and include the internet.                                                                                                       
                                                                                                                                
On page five, lines 13 and 16, the words "or misleading" were                                                                   
removed because it was too hard to define.  The language now reads,                                                             
introduces false information into a computer, computer system,...                                                               
                                                                                                                                
Page 6, Sec. 14. AS 11.56.800(a), provides for a class A                                                                        
misdemeanor and covers traffic offenses.  This is in reference to                                                               
a person stealing someone's identification (ID) and then being                                                                  
caught driving with false ID--this would not be criminal                                                                        
impersonation.                                                                                                                  
                                                                                                                                
LIEUTENANT DAVID RAY HUDSON, Department of Corrections (DOC),                                                                   
Division of Public Safety, said DOC supports the effort to                                                                      
strengthen cyber crime and criminal impersonation.  He said the                                                                 
fiscal note attached to this bill addresses technological crimes                                                                
with theft of ID both statewide and nationwide.                                                                                 
                                                                                                                                
MR. BLAIR MCCUNE said the public defender is still concerned with                                                               
the breadth of "access device" on page six, section 16.  In section                                                             
6, a class B felony is a very strong penalty for the type of crime,                                                             
and he is glad "misleading" has been taken out of section 11.                                                                   
                                                                                                                                
SENATOR TORGERSON asked about "international network" on page five,                                                             
line 2.  Will this be a crime if the network is not international                                                               
and does it apply to local networks?                                                                                            
                                                                                                                                
MS. CARPENETI responded, to her knowledge, all computer networks                                                                
are international and it does apply to local networks.  This                                                                    
section raises the penalty from a class A misdemeanor to a class C                                                              
felony.                                                                                                                         
                                                                                                                                
SENATOR TORGERSON said he is still concerned with section 11                                                                    
because it is hard to interpret.  The language on lines 12 through                                                              
15 is too broad based--"this sort of thing happens all the time in                                                              
campaigns."                                                                                                                     
                                                                                                                                
MS. CARPENETI stated that section 11, lines 12 through 15, is                                                                   
current law, and SB 259 adds "financial reputation" to the current                                                              
wording.                                                                                                                        
                                                                                                                                
SENATOR TORGERSON moved CSSB 256 (JUD), version K, from committee                                                               
with individual recommendations.  With no objection, the motion                                                                 
carried.                                                                                                                        

Document Name Date/Time Subjects