Legislature(1999 - 2000)

2000-02-03 Senate Journal

Full Journal pdf

2000-02-03                     Senate Journal                      Page 2180
SB 245                                                                       
SENATE BILL NO. 245 BY THE SENATE 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                             
was read the first time and referred to the Judiciary and Finance              
Fiscal notes published today from Department of Administration,                
Department of Law, Department of Public Safety.                                

2000-02-03                     Senate Journal                      Page 2181
SB 245                                                                       
Governors transmittal letter dated February 2:                                 
Dear President Pearce:                                                         
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            
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              
To address all of the above issues, the bill specifically makes the            
following changes in our criminal laws:                                        
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.                                

2000-02-03                     Senate Journal                      Page 2182
SB 245                                                                       
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                          
thefinancial 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                          
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.                                                        
					Tony Knowles