AB 1649 California Assembly · 2013-2014 Regular Session

Computer crimes.

Summary
(1) Existing law makes it a crime to knowingly and without permission disrupt or cause the disruption of computer services or deny or cause the denial of computer services to an authorized user of a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly and without permission disrupt or cause the disruption of government computer services or public safety infrastructure computer system computer services, as defined, or deny or cause the denial of government computer services or public safety infrastructure computer system computer services to an authorized user. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (2) Existing law makes it a crime to knowingly access and without permission add, alter, damage, delete, or destroy any data, computer software, or computer program which resides or exists internal or external to a computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. This bill would make it a crime for a person to knowingly access and without permission add, alter, delete, or destroy any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (3) Existing law makes it a crime to knowingly and without permission provide or assist in providing a means of accessing a computer, computer system, or computer network in violation of law. Existing law makes a violation this provision punishable by a fine not exceeding $1,000 for a first violation that does not result in injury, by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment for a violation that results in a victim expenditure in an amount not greater than $5,000, or for a 2nd or subsequent violation, and by a fine not exceeding $10,000, or by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment, or by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a violation that results in a victim expenditure in an amount greater than $5,000. The bill would make it a crime for any person to knowingly and without permission provide or assist in providing a means of accessing a public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (4) Existing law makes it a crime to knowingly introduce a computer contaminant into any computer, computer system, or computer network. Existing law makes a violation of this provision punishable by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, for a first violation that does not result in injury, and by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year, or by imprisonment in a county jail for 16 months, 2 or 3 years, or by both that fine and imprisonment for a violation that results in injury, or for a 2nd or subsequent violation. This bill would make it a crime for any person to knowingly introduce any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. The bill would make a violation of these provisions punishable in the same manner as the above provisions of existing law. (5) Existing law makes it a crime to knowingly and without permission use the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and to thereby damage a computer, computer system, or computer network. Existing law makes a violation of these provisions punishable by a fine of $1,000 for a first violation that does not cause injury, and by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $5,000, or by both that fine and imprisonment, for a violation that results in injury or for a 2nd or subsequent offense. This bill would revise this crime to apply to any person who knowingly and without permission uses the Internet domain name or profile, as defined, of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby causes damage. The bill would define electronic mail for these purposes. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also revise the definitions of "access," "computer network," and "computer services" for purposes of these provisions. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Feb 2014
Committee Review
Aug 2014
Assembly Passage
May 2014
Senate Passage
Aug 2014
Signed into Law
Sep 2014
Introduced Feb 11, 2014 Signed Sep 17, 2014
Floor votes · Senate Aug 18, 2014 · Assembly May 5, 2014

How they voted

36–0
Passed · 4 other
Total votes 40
Aug 18, 2014
D Democratic28
24 Yea 4
85% Yea
R Republican12
12 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
9
Committee
9
Sep 17, 2014
Signed into law
Approved by the Governor.
legislature
Aug 18, 2014
Senate · Passed
Senate Vote: pass (36-0-4)
senate
Aug 18, 2014
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jun 23, 2014
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jun 10, 2014
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 10). Re-referred to Com. on APPR.
upper
May 15, 2014
Committee
Referred to Com. on PUB. S.
upper
May 5, 2014
Assembly · Passed
Assembly Vote: pass (74-0-3)
assembly
Apr 30, 2014
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 0.) (April 30).
lower
Apr 2, 2014
Committee
Re-referred to Com. on APPR.
lower
Mar 28, 2014
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 25).
lower
Feb 20, 2014
Committee
Referred to Com. on PUB. S.
lower
Feb 12, 2014
Lower · Passed
From printer. May be heard in committee March 14.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marie Waldron
Marie Waldron
RRepublican
CA
75