HB400 Alabama 2012 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2012

Title

Digital Crime Act, computer crimes, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed

Description

Existing law makes it a crime for a person to knowingly and willfully without authorization access or modify certain information or programs on a computer or in the computer system or network of another.

This bill would repeal the existing computer crime act and replace it with the Alabama Digital Crime Act.

This bill would make computer tampering a crime and would describe what acts constitute this crime.

This bill would make encoded data fraud a crime and would describe what acts constitute this crime.

This bill would make phishing a crime and would describe what acts constitute this crime.

This bill would make electronic harassment and cyberstalking crimes and would describe what acts constitute these crimes.

This bill would establish jurisdiction to prosecute certain computer crimes and jurisdiction of records related to the investigation of certain computer crimes.

This bill would provide for forfeiture of a computer or computer system owned by a defendant and used in the commission of a crime.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses