House Judiciary Minutes 02/07/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Judiciary

Wednesday, February 07, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Gillespie
P    Hennies (Thomas)
P    Jensen
P    Madsen
P    McCaulley
P    Monroe
P    Murschel
P    Nachtigal
P    Sebert
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 5, 2001

Moved by:    Sebert
Second by:    Jensen
Action:    Prevailed by voice vote.

         HB 1284: revise the elements of the crime of passing a check against insufficient funds.

Proponents:    Jerry Wheeler (SD Retail Association)
        Tom Adam (SD Bankers Association)
        John Brown (National Federation of Independent Businesses)

Opponents:    Tom Barnett (SD Bar Association)

MOTION:     DO PASS HB 1284

Moved by:    Sebert
Second by:    Madsen
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1284 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hennies (Thomas)
Second by:    Gillespie
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, McCaulley, Murschel, Nachtigal, Valandra, Michels

Voting No:    Madsen, Monroe, Sebert, Brown (Jarvis)

         HB 1194: increase certain penalties for unlawful use of computers and computer networks.

Presented By:    Representative Orville Smidt
Proponents:    Otto Doll (Bureau of Information and Telecommunications)
        Jim Shekleton (Board of Regents)

MOTION:     AMEND HB 1194

On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

" 43-43B-1. A person is guilty of unlawful use of a computer system, software, or data if he the person :

(1) Knowingly obtains the use of, or accesses (or exceeds authorized access) , a computer system, or any part thereof, without the consent of the owner;

(2) Knowingly ~~alters or destroys computer programs or data without the consent of the owner; or~~

(3) Knowingly obtains use of, alters, accesses or destroys a computer system, or any part thereof, as part of a deception for the purpose of obtaining money, property or services
from the owner of a computer system or any third party; or

(4) Knowingly uses or discloses to another or attempts to use or disclose to another the numbers, codes, passwords or other means of access to a computer, computer program or computer system without the consent of the owner obtains the use of, accesses (or exceeds authorized access), a computer system, or any part thereof, without the consent of the owner, and such access or use includes access to confidential data or material;

(3) Knowingly copies or obtains information from a computer system, or compromises any security controls for such computer system, or uses or discloses to another, or attempts to use or disclose to another, the numbers, codes, passwords, or other means of access to a computer system without the consent of the owner;

(4) Knowingly disrupts, denies, or inhibits access to software or data without the consent of the owner;

(5) Knowingly disrupts, denies, or inhibits access to a computer system;

(6) Knowingly modifies, changes, or alters software or data, without the consent of the owner;

(7) Knowingly obtains use of, alters, accesses (or exceeds authorized access), destroys, disables, or inhibits access to a computer system, as part of a deception for the purpose of obtaining money, property, or services from the owner of a computer system, or any third party;

(8) Knowingly destroys or disables a computer system; or

(9) Knowingly destroys or disables software or computer data .

Section 2. That § 43-43B-2 be amended to read as follows:

43-43B-2. Terms used in this chapter ~~, unless the context requires otherwise,~~ mean:

(1) "Access," to instruct, communicate with, store data in, retrieve data from a ~~computer,~~ computer system ~~or computer network~~ ;

(2) "Computer," an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation;

(3) " ~~Computer program~~ Software ," a series of coded instructions or statements in a form acceptable to a computer system , which causes the computer system to process data in

order to achieve a certain result;

(4) "Computer system," ~~a set of related, connected devices, including a computer and other devices, including but not limited to~~ shall include any one or more computers, computer networks, other related devices, data input and output and storage devices, data communications links ~~, and computer programs and data, that make the system capable of performing the special purpose data processing tasks for which it is specified~~ ;

(5) "Computer network," a set of related, connected network electronics and communications links that allows any one or more computer system to communicate amongst or between themselves;

(6) "Destroy," to make unusable, render inoperable, render unable to accept or process data, or supply results, render unable to perform data processing tasks or cause computer networks to be unable to transfer data between computer systems for any amount of time .

Section 3. That § 43-43B-3 be amended to read as follows:

43-43B-3. ~~A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use, alteration, destruction, access or disclosure is one thousand dollars or less is guilty~~ Violations of the provisions of § 43-43B-1 are punishable as follows:

(1) For a violation of subdivision (1), a Class 1 misdemeanor ;

(2) For a violation of subdivision (2) or (3), a Class 6 felony;

(3) For a violation of subdivision (4), a Class 5 felony;

(4) For a violation of subdivision (5) or (6), a Class 4 felony;

(5) For a violation of subdivision (8) or (9), a Class 3 felony;

(6) For a violation of subdivision (7), a Class 2 felony . ".

Delete pages 2 and 3 .

On page 4 , delete lines 1 to 6 , inclusive.

Moved by:    McCaulley
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION: AMEND HB 1194

On the previously adopted amendment (1194rc), in section 2, between subdivisions (5) and (6), insert:

"

(5A) "Data," digitized information in any form that may be accessed by a computer system, regardless of whether the information is in transmission or stored on a computer system, diskette, compact diskette, cd-rom, tape, or in any other medium; ".

Moved by:    McCaulley
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1194

On the previously adopted amendment (1194rc), in subdivision 43-43B-1(5), after " system " insert " , without consent of the owner ".

On the previously adopted amendment (1194rc), in subdivision 43-43B-1(8), after " system " insert " , without consent of the owner ".

On the previously adopted amendment (1194rc), in subdivision 43-43B-1(9), after " data " insert " , without consent of the owner ".

Moved by:    Monroe
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1194 AS AMENDED

Moved by:    Murschel
Second by:    McCaulley
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1194

On page 4 of the printed bill, delete lines 19 to 24 , inclusive.

On page 5 , delete line 1 .

Moved by:    Monroe
Second by:    Murschel
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Monroe, Murschel, Nachtigal, Valandra

Voting No:    Jensen, Madsen, McCaulley, Sebert, Michels, Brown (Jarvis)

MOTION:     DO PASS HB 1194

Moved by:    Michels
Second by:    McCaulley
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1194 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Nachtigal
Second by:    Gillespie
Action:    Failed by roll call vote.(3-10-0-0)

Voting Yes:    Bartling, Gillespie, Nachtigal

Voting No:    Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels, Brown (Jarvis)

MOTION:     DO PASS HB 1194 AS AMENDED

Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels, Brown (Jarvis)

Voting No:    Bartling, Gillespie, Nachtigal

         HB 1274: revise certain provisions regarding the operation of child welfare agencies and registered and unregistered family day care homes.

Presented By:    Representative Mike Broderick
Proponents:    Representative Cooper Garnos
        Virgena Wieseler (SD Dept. of Social Services)
        Susan Randall (SD Coalition for Children)
Opponents:    None

MOTION:     AMEND HB 1274

On page 1, line 6 of the printed bill, delete everything after " person " and insert " whose name appears on the central registry for child abuse and neglect ".

On page 1 , line 7, delete everything before " may: " .

On page 1 , line 13, delete everything after " or " and insert " whose name appears on the central registry for child abuse and neglect ".

On page 1 , delete line 14 , and insert " is guilty of a Class 1 ".

On page 2 , line 5, delete " who has a " and insert " whose name appears on the central registry for child abuse and neglect ".

On page 2 , delete line 6 .

On page 2 , line 7, delete " Services " .

Moved by:    Madsen
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1274 AS AMENDED

Moved by:    Michels
Second by:    McCaulley
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1274

On page 2, line 4 of the printed bill, delete " Knowingly permits another person who " and insert "Permits another person ~~who~~ knowing that person ".

Moved by:    Monroe
Second by:    McCaulley
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Bartling, Gillespie, Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra

Voting No:    Hennies (Thomas), Michels, Brown (Jarvis)

MOTION:     DO PASS HB 1274 AS AMENDED

Moved by:    Michels
Second by:    Madsen
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

MOTION:     ADJOURN

Moved by:    Madsen
Second by:    Jensen
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Jarvis W. Brown, Chair

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