Text: SSB03056 Text: SSB03058 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 622.51A COMPUTER PRINTOUTS.
1 2 For purposes of chapters 714 and 716, computer printouts
1 3 shall be admitted as evidence of any computer software,
1 4 program, or data contained in or taken from a computer,
1 5 notwithstanding an applicable rule of evidence to the
1 6 contrary.
1 7 Sec. 2. NEW SECTION. 702.1A COMPUTER TERMINOLOGY.
1 8 For purposes of section 714.1, subsection 7A, and section
1 9 716.6B:
1 10 1. "Computer" means an electronic device which performs
1 11 logical, arithmetical, and memory functions by manipulation of
1 12 electronic or magnetic impulses, and includes all input,
1 13 output, processing, storage, computer software, and
1 14 communication facilities which are connected or related to the
1 15 computer in a computer system or computer network.
1 16 2. "Computer access" means to instruct, communicate with,
1 17 store data in, or retrieve data from a computer, computer
1 18 system, or computer network.
1 19 3. "Computer data" means a representation of information,
1 20 knowledge, facts, concepts, or instructions that has been
1 21 prepared or is being prepared in a formalized manner and has
1 22 been processed, or is intended to be processed in a computer.
1 23 Computer data may be in any form including, but not limited
1 24 to, printouts, magnetic storage media, punched cards, and as
1 25 stored in the memory of a computer.
1 26 4. "Computer network" means a set of related, remotely
1 27 connected devices and communication facilities including two
1 28 or more computers with capability to transmit data among them
1 29 through communication facilities.
1 30 5. "Computer program" means an ordered set of instructions
1 31 or statements that, when executed by a computer, causes the
1 32 computer to process data.
1 33 6. "Computer services" means the use of a computer,
1 34 computer system, or computer network and includes, but is not
1 35 limited to, computer time, data processing, and storage
2 1 functions.
2 2 7. "Computer software" means a set of computer programs,
2 3 procedures, or associated documentation used in the operation
2 4 of a computer.
2 5 8. "Computer system" means related, connected or
2 6 unconnected, computers or peripheral equipment.
2 7 9. "Loss of property" means the greatest of the following:
2 8 a. The retail value of the property involved.
2 9 b. The reasonable replacement or repair cost, whichever is
2 10 less.
2 11 10. "Loss of services" means the reasonable value of the
2 12 damage created by the unavailability or lack of utility of the
2 13 property or services involved until repair or replacement can
2 14 be effected.
2 15 Sec. 3. Section 702.14, Code 1999, is amended to read as
2 16 follows:
2 17 702.14 PROPERTY.
2 18 "Property" is anything of value, whether publicly or
2 19 privately owned, including but not limited to computers and
2 20 computer data, computer software, and computer programs. The
2 21 term includes both tangible and intangible property, labor,
2 22 and services. The term includes all that is included in the
2 23 terms "real property" and "personal property".
2 24 Sec. 4. NEW SECTION. 702.20A VIDEO RENTAL PROPERTY.
2 25 "Video rental property" means an audiovisual recording,
2 26 including a videotape, videodisc, or other tangible medium of
2 27 expression on which an audiovisual work is recorded or
2 28 otherwise stored, or any equipment or supplies used to view
2 29 the recording, and which is held out for rental to the public
2 30 in the ordinary course of business.
2 31 Sec. 5. Section 714.1, Code 1999, is amended by adding the
2 32 following new subsections:
2 33 NEW SUBSECTION. 7A. Knowingly and without authorization
2 34 accesses or causes to be accessed a computer, computer system,
2 35 or computer network, or any part thereof, for the purpose of
3 1 obtaining computer services, information, or property or
3 2 knowingly and without authorization and with the intent to
3 3 permanently deprive the owner of possession, takes, transfers,
3 4 conceals, or retains possession of a computer, computer
3 5 system, or computer network or any computer software or
3 6 computer program, or computer data contained in a computer,
3 7 computer system, or computer network.
3 8 NEW SUBSECTION. 7B. a. Obtains the temporary use of
3 9 video rental property with the intent to deprive the owner of
3 10 the use and possession of the video rental property without
3 11 the consent of the owner.
3 12 b. Lawfully obtains the temporary use of video rental
3 13 property and fails to return the video rental property by the
3 14 agreed time with the intent to deprive the owner of the use
3 15 and possession of the video rental property without the
3 16 consent of the owner. The aggregate value of the video rental
3 17 property involved shall be the original retail value of the
3 18 video rental property.
3 19 Sec. 6. NEW SECTION. 714.6A VIDEO RENTAL PROPERTY THEFT
3 20 – EVIDENCE OF INTENTION – AFFIRMATIVE DEFENSE.
3 21 1. The fact that a person obtains possession of video
3 22 rental property by means of deception, including but not
3 23 limited to furnishing a false name, address, or other
3 24 identification to the owner, is evidence that possession was
3 25 obtained with intent to knowingly deprive the owner of the use
3 26 and possession of the video rental property.
3 27 2. The fact that a person, having lawfully obtained
3 28 possession of video rental property, fails to pay the owner
3 29 the fair market value of the video rental property or to
3 30 return or make arrangements acceptable to the owner to return
3 31 the video rental property to the owner, within forty-eight
3 32 hours after receipt of written notice and demand from the
3 33 owner is evidence of an intent to knowingly deprive the owner
3 34 of the use and possession of the video rental property.
3 35 3. It shall be an affirmative defense to a prosecution
4 1 under section 714.1, subsection 7B, paragraph "a", if the
4 2 defendant in possession of video rental property pays the
4 3 owner the fair market value of the video rental property or
4 4 returns the property to the owner within forty-eight hours of
4 5 arrest, together with any standard overdue charges for the
4 6 period that the owner was unlawfully deprived of possession,
4 7 but not to exceed one hundred twenty days, and the value of
4 8 the damage to the property, if any.
4 9 Sec. 7. NEW SECTION. 716.6B UNAUTHORIZED COMPUTER
4 10 ACCESS.
4 11 A person who knowingly and without authorization accesses a
4 12 computer, computer system, or computer network commits a
4 13 simple misdemeanor.
4 14 Sec. 8. Section 722.4, Code 1999, is amended to read as
4 15 follows:
4 16 722.4 BRIBERY OF ELECTOR OR ELECTION OFFICIALS.
4 17 1. A person who offers, promises, or gives anything of
4 18 value or any benefit to any elector for the purpose of
4 19 influencing the elector's vote, in any election authorized by
4 20 law, or any elector who receives anything of value or any
4 21 benefit knowing that it was given for such purpose, commits an
4 22 aggravated misdemeanor.
4 23 2. A person who offers, promises, or gives anything of
4 24 value or any benefit to any precinct election official
4 25 authorized by law, or to any executive officer attending the
4 26 same, conditioned on some act done or omitted to be done
4 27 contrary to the person's official duty in relation to such
4 28 election, commits an aggravated misdemeanor.
4 29 Sec. 9. Section 722.8, Code 1999, is amended to read as
4 30 follows:
4 31 722.8 DURESS TO PREVENT OR PROCURE VOTING.
4 32 1. A person who unlawfully and by force, or threats of
4 33 force, prevents or endeavors to prevent an elector from giving
4 34 the elector's vote at any public election commits an
4 35 aggravated misdemeanor.
5 1 2. A person who procures, or endeavors to procure, the
5 2 vote of an elector for or against any candidate or for or
5 3 against any issue by means of violence, threats of violence,
5 4 or by any means of duress commits an aggravated misdemeanor.
5 5 Sec. 10. Chapter 714C, Code 1999, is repealed.
5 6 Sec. 11. Chapter 716A, Code 1999 and Code Supplement 1999,
5 7 is repealed.
5 8 Sec. 12. Sections 722.6 and 722.9, Code 1999, are
5 9 repealed.
5 10 EXPLANATION
5 11 This bill consolidates certain criminal offenses with other
5 12 offenses. The bill consolidates computer theft and video
5 13 rental theft into the theft statute. The bill consolidates
5 14 various election bribery and voting criminal offenses and the
5 15 criminal offense of computer damage within the criminal
5 16 mischief statute. The bill maintains the current criminal
5 17 penalties for the affected offenses and applies an evidentiary
5 18 rule for computer printouts to the Code chapters on theft and
5 19 criminal mischief.
5 20 LSB 5085IC 78
5 21 jm/cf/24
Text: SSB03056 Text: SSB03058 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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