SB 381-1_ Filed 04/07/2005, 07:10 Orentlicher


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 381 be amended to read as follows:

SOURCE: Page 23, line 3; (05)MO038112.23. -->     Page 23, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 35-43-1-4; (05)MO038112.32. -->     "SECTION 32. IC 35-43-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) As used in this section:
     "Access" has the meaning set forth in IC 35-43-2-3.
    "Computer network" and "computer system" have the meanings set forth in IC 35-43-2-3.
    "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
    "Data" means a representation of information, facts, knowledge, concepts, or instructions that:
        (1) may take any form, including computer printouts, magnetic storage media, punched cards, or stored memory;
        (2) has been prepared or is being prepared; and
        (3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
    (b) A person who knowingly or intentionally alters or damages a computer program or data, which comprises a part of a computer system or computer network without the consent of the owner of the computer system or computer network commits computer tampering, a Class D felony. However, the offense is a:
        (1) Class C felony if the offense is committed for the purpose of terrorism; and
        (2) Class B felony if the offense is committed for the purpose of

terrorism and results in serious bodily injury to a person.
     (c) A person who knowingly or intentionally:
        (1) accesses a computer or a computer network without the consent of the owner of the computer or computer network; and
        (2) uses:
            (A) a modem connected to the computer or computer network; or
            (B) an Internet connection through the computer or computer network;
        to cause the owner or another person to incur a financial charge for a service not authorized by the owner or the other person;
commits computer hijacking, a Class A misdemeanor. However, the offense is a Class D felony if the person has a prior unrelated conviction under this section or if the financial charge is greater than one thousand dollars ($1,000).

SOURCE: ; (05)MO038112.33. -->     SECTION 33. [EFFECTIVE JULY 1, 2005] IC 35-43-1-4, as amended by this act, applies only to crimes committed after June 30, 2005.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 381 as printed April 5, 2005.)

________________________________________

Representative Orentlicher


MO038112/DI 106     2005