Senate Bill S229

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    229
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to computer tampering
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 5 of section 156.00 of the
 penal law, as amended by chapter 558 of the laws of 2006, is amended  to
 read as follows:
   (c)  is  not  and is not intended to be available to anyone other than
 the person or persons  rightfully  in  possession  thereof  or  selected
 persons  having  access thereto with his, her or their consent and which
 [accords or may  accord  such  rightful  possessors  an  advantage  over
 competitors  or  other  persons who do not have knowledge or the benefit
 thereof] PERSONS OTHER THAN THOSE RIGHTLY IN POSSESSION, KNOW OR  SHOULD
 KNOW THAT SAID MATERIAL IS NOT INTENDED TO BE AVAILABLE TO THEM.
   § 2. Section 156.20 of the penal law, as amended by chapter 558 of the
 laws of 2006, is amended to read as follows:
 § 156.20 Computer tampering in the [fourth] FIFTH degree.
   A  person is guilty of computer tampering in the [fourth] FIFTH degree
 when he or she uses, causes to be used, or accesses a computer, computer
 service, or computer network without authorization and he or she  inten-
 tionally  alters  in  any manner or destroys computer data or a computer
 program of another person.
   Computer tampering in the [fourth] FIFTH degree is a class A misdemea-
 nor.
   § 3. Section 156.25 of the penal law, as amended by chapter 89 of  the
 laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
 1997, is amended to read as follows:
 § 156.25 Computer tampering in the [third] FOURTH degree.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05444-01-9

 S. 229                              2
 
   A person is guilty of computer tampering in the [third] FOURTH  degree
 when  he  OR SHE commits the crime of computer tampering in the [fourth]
 FIFTH degree and:
   1.  he OR SHE does so with an intent to commit or attempt to commit or
 further the commission of any felony; or
   2. he OR SHE has been previously convicted of  any  crime  under  this
 article or subdivision eleven of section 165.15 of this chapter; or
   3.  he  OR SHE intentionally alters in any manner or destroys computer
 material; or
   4. he OR SHE intentionally alters in any manner or  destroys  computer
 data or a computer program so as to cause damages in an aggregate amount
 exceeding one thousand dollars.
   Computer tampering in the [third] FOURTH degree is a class E felony.
   § 4. Section 156.26 of the penal law, as amended by chapter 590 of the
 laws of 2008, is amended to read as follows:
 § 156.26 Computer tampering in the [second] THIRD degree.
   A  person is guilty of computer tampering in the [second] THIRD degree
 when he or she commits the crime of computer tampering in  the  [fourth]
 FIFTH  degree  and  he  or  she  intentionally  alters  in any manner or
 destroys:
   1. computer data or a computer program so as to cause  damages  in  an
 aggregate amount exceeding three thousand dollars; or
   2.  computer  material that contains records of the medical history or
 medical treatment of an identified or readily identifiable individual or
 individuals and as a result of  such  alteration  or  destruction,  such
 individual  or individuals suffer serious physical injury, and he or she
 is aware of and consciously disregards a substantial  and  unjustifiable
 risk that such serious physical injury may occur.
   Computer tampering in the [second] THIRD degree is a class D felony.
   §  5.  Section  156.27 of the penal law, as added by chapter 89 of the
 laws of 1993, is amended to read as follows:
 § 156.27 Computer tampering in the [first] SECOND degree.
   A person is guilty of computer tampering in the [first] SECOND  degree
 when  he  OR SHE commits the crime of computer tampering in the [fourth]
 FIFTH degree and he  OR  SHE  intentionally  alters  in  any  manner  or
 destroys  computer  data or a computer program so as to cause damages in
 an aggregate amount exceeding fifty thousand dollars.
   Computer tampering in the [first] SECOND degree is a class C felony.
   § 6. The penal law is amended by adding a new section 156.28  to  read
 as follows:
 § 156.28 COMPUTER TAMPERING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF COMPUTER TAMPERING IN THE FIRST DEGREE WHEN HE
 OR SHE COMMITS THE CRIME OF COMPUTER TAMPERING IN THE FIFTH  DEGREE  AND
 HE  OR  SHE INTENTIONALLY ALTERS IN ANY MANNER OR DESTROYS COMPUTER DATA
 OR A COMPUTER PROGRAM AND THEREBY CAUSES DAMAGES IN AN AGGREGATE  AMOUNT
 OF ONE MILLION DOLLARS OR MORE.
   COMPUTER TAMPERING IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 7. This act shall take effect immediately.