Bill Text: MI SB0927 | 2015-2016 | 98th Legislature | Engrossed

---

Bill Title: Crimes; computer; willfully accessing of motor vehicle electronic system to destroy, damage, impair, alter, or control the vehicle; prohibit and provide penalties. Amends secs. 4 & 7 of 1979 PA 53 (MCL 752.794 & 752.797).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2016-11-09 - Referred To Committee On Communications And Technology [SB0927 Detail]

Download: Michigan-2015-SB0927-Engrossed.html

---

SB-0927, As Passed Senate, October 20, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 927

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1979 PA 53, entitled

 

"An act to prohibit access to computers, computer systems, and

computer networks for certain fraudulent purposes; to prohibit

intentional and unauthorized access, alteration, damage, and

destruction of computers, computer systems, computer networks,

computer software programs, and data; to prohibit the sending of

certain electronic messages; and to prescribe penalties,"

 

by amending the title and sections 2, 3, 5, 6, and 7 (MCL 752.792,

 

752.793, 752.795, 752.796, and 752.797), the title as amended by

 

2004 PA 242, section 2 as amended by 2000 PA 181, sections 3 and 5

 

as amended by 1996 PA 326, section 6 as amended by 2000 PA 179, and

 

section 7 as amended by 2000 PA 180.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to prohibit access to computers, computer systems, and

 

computer networks for certain fraudulent purposes; to prohibit

 

intentional and unauthorized access, alteration, damage,

disruption, impairment, and destruction of computers, computer

 

systems, computer networks, computer software programs, motor

 

vehicle electronic systems, and data; to prohibit the sending of

 

certain electronic messages; and to prescribe penalties.

 

     Sec. 2. (1) "Access" means to instruct, communicate with,

 

store data in, retrieve or intercept data from, or otherwise use

 

the resources of a computer program, computer, computer system, or

 

computer network.

 

     (2) "Aggregate amount" means any direct or indirect loss

 

incurred by a victim or group of victims including, but not limited

 

to, the value of any money, property or service lost, stolen, or

 

rendered unrecoverable by the offense, or any actual expenditure

 

incurred by the victim or group of victims to verify that a

 

computer program, computer, computer system, or computer network

 

was not altered, acquired, damaged, deleted, disrupted, or

 

destroyed by the access. The direct or indirect losses incurred in

 

separate incidents pursuant to of a scheme or course of conduct

 

within any 12-month period may be aggregated to determine the total

 

value of the loss involved in the violation of this act.

 

     (3) "Computer" means any connected, directly interoperable or

 

interactive device, equipment, or facility that uses a computer

 

program or other instructions to perform specific operations

 

including logical, arithmetic, or memory functions with or on

 

computer data or a computer program and that can store, retrieve,

 

alter, or communicate the results of the operations to a person,

 

computer program, computer, computer system, or computer network.

 

     (4) "Computer network" means the interconnection of hardwire

or wireless communication lines with a computer through remote

 

terminals, or a complex consisting of 2 or more interconnected

 

computers.

 

     (5) "Computer program" means a series of internal or external

 

instructions communicated in a form acceptable to a computer that

 

directs the functioning of a computer, computer system, or computer

 

network in a manner designed to provide or produce products or

 

results from the computer, computer system, or computer network.

 

     (6) "Computer system" means a set of related, connected or

 

unconnected, computer equipment, devices, software, or hardware.

 

     (7) "Device" includes, but is not limited to, an electronic,

 

magnetic, electrochemical, biochemical, hydraulic, optical, or

 

organic object that performs input, output, or storage functions by

 

the manipulation of electronic, magnetic, or other impulses.

 

     (8) "Mechanic" means a motor vehicle mechanic, master

 

mechanic, or specialty mechanic as those terms are defined in

 

section 2 of the motor vehicle service and repair act, 1974 PA 300,

 

MCL 257.1302.

 

     (9) "Motor vehicle" means that term as defined in section 33

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.33.

 

     (10) "Motor vehicle dealer" means a dealer as that term is

 

defined in section 11 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.11.

 

     (11) "Motor vehicle electronic system" means a computer,

 

computer system, computer network, vehicle communication system, or

 

other device or system designed to implement, assist, or enhance

 

the manual or autonomous operation of a motor vehicle, provide

vehicle telematics services, or ensure the safety of a motor

 

vehicle operator or passenger.

 

     (12) "Motor vehicle manufacturer" means a manufacturer as that

 

term is defined in section 28 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.28.

 

     Sec. 3. (1) "Prior conviction" means a violation or attempted

 

violation of section 145d of the Michigan penal code, 1931 PA 328,

 

MCL 750.145d, this act, or a substantially similar law of the

 

United States, another state, or a political subdivision of another

 

state.

 

     (2) (1) "Property" includes, but is not limited to,

 

intellectual property, computer data, instructions or programs in

 

either machine or human readable form, financial instruments or

 

information, medical information, restricted personal information,

 

or any other tangible or intangible item of value.

 

     (3) "Researcher" means an entity or an employee of an entity

 

performing developmental, operational, or diagnostic testing on a

 

motor vehicle or motor vehicle electronic systems in the ordinary

 

course of the entity's business.

 

     (4) "Serious impairment of a body function" means that term as

 

defined in section 58c of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.58c.

 

     (5) (2) "Services" includes, but is not limited to, computer

 

time, data processing, storage functions, computer memory, or the

 

unauthorized use of a computer program, computer, computer system,

 

or computer network, or communication facilities connected or

 

related to a computer, computer system, or computer network.

Senate Bill No. 927 as amended October 19, 2016

 

     Sec. 5. (1) A person shall not intentionally and without

 

authorization or by exceeding valid authorization do any of the

 

following:

 

     (a) Access or cause access to be made to a computer program,

 

computer, computer system, or computer network to acquire, alter,

 

damage, delete, or disrupt, impair, destroy, property or otherwise

 

use or gain control of the service of a computer program, computer,

 

computer system, or computer network, or other property.

 

     (b) Insert or attach or knowingly create the opportunity for

 

an unknowing and unwanted insertion or attachment of a set of

 

instructions or a computer program into a computer program,

 

computer, computer system, or computer network, that is intended to

 

acquire, alter, damage, delete, disrupt, or impair, destroy,

 

property or otherwise use or gain control of the services of a

 

computer program, computer, computer system, or computer network,

 

or other property. This subdivision does not prohibit conduct

 

protected under section 5 of article I of the state constitution of

 

1963 or under the first amendment of the constitution of the United

 

States.

 

     (c) Access or cause access to be made to a motor vehicle

 

electronic system to alter, damage, delete, disrupt, impair,

 

destroy, or otherwise use or control a motor vehicle electronic

 

system or <<                           >> if the purpose of this

 

unauthorized action or actions is to damage the systems or

 

services.

 

     (d) Access or cause access to be made to a motor vehicle

 

electronic system to alter, damage, delete, disrupt, impair,

destroy, or otherwise use or control a motor vehicle electronic

 

system if the purpose of this unauthorized action or actions is to

 

injure persons or damage other property through unauthorized

 

movement of a vehicle or vehicles.

 

     (2) The following conduct does not violate subsection (1)(c):

 

     (a) The actions of a motor vehicle manufacturer, a licensed

 

motor vehicle dealer, or licensed mechanics or their employees or

 

contractors when servicing, repairing, updating, or upgrading a

 

motor vehicle electronic system if the purpose of those actions is

 

not to injure the vehicle or other property or persons.

 

     (b) The actions of a researcher if that research is conducted

 

under safe and controlled conditions and the purpose of the

 

research is to test, refine, or improve a motor vehicle electronic

 

system and not to damage the critical highway infrastructure or

 

other property or injure people.

 

     Sec. 6. (1) A person shall not use a computer program,

 

computer, computer system, or computer network, communications

 

system, or motor vehicle electronic system to commit, attempt to

 

commit, conspire to commit, or solicit another person to commit a

 

crime.

 

     (2) This section does not prohibit a person from being charged

 

with, convicted of, or punished for any other violation of law

 

committed by that person while violating or attempting to violate

 

this section, including the underlying offense.

 

     (3) This section applies regardless of whether the person is

 

convicted of committing, attempting to commit, conspiring to

 

commit, or soliciting another person to commit the underlying

offense.

 

     Sec. 7. (1) A person who violates section 4 is guilty of a

 

crime as follows:

 

     (a) If the violation involves an aggregate amount of less than

 

$200.00, the person is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00 or 3 times the aggregate amount, whichever is greater, or

 

both imprisonment and a fine.

 

     (b) If any of the following apply, the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $2,000.00 or 3 times the aggregate amount,

 

whichever is greater, or both imprisonment and a fine:

 

     (i) The violation involves an aggregate amount of $200.00 or

 

more but less than $1,000.00.

 

     (ii) The person violates this act and has a prior conviction.

 

     (c) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $10,000.00 or 3 times the aggregate amount,

 

whichever is greater, or both imprisonment and a fine:

 

     (i) The violation involves an aggregate amount of $1,000.00 or

 

more but less than $20,000.00.

 

     (ii) The person has 2 prior convictions.

 

     (d) If any of the following apply, the person is guilty of a

 

felony punishable by imprisonment for not more than 10 years or a

 

fine of not more than 3 times the aggregate amount, or both

 

imprisonment and a fine:

 

     (i) The violation involves an aggregate amount of $20,000.00

or more.

 

     (ii) The person has 3 or more prior convictions.

 

     (2) A person who violates section 5 is guilty of a crime as

 

follows:

 

     (a) Except as otherwise provided in subdivision (b), this

 

subsection, the person is guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not more than

 

$10,000.00, or both.

 

     (b) If the person has a prior conviction other than a

 

conviction described in subdivision (c), or if the violation

 

resulted in serious impairment of a body function, the person is

 

guilty of a felony punishable by imprisonment for not more than 10

 

years or a fine of not more than $50,000.00, or both.

 

     (c) If the person violates section 5(1)(c) and the effect of

 

the violation can be reversed or cured without injury to any person

 

or damage to any property, the person is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $500.00, or both.

 

     (d) If the violation resulted in death, the person is guilty

 

of a felony punishable by imprisonment for life or any term of

 

years.

 

     (3) A person who violates section 6 is guilty of a crime as

 

follows:

 

     (a) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of 1 year or less, the person is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $5,000.00, or both.

     (b) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of more than 1 year but less than 2

 

years, the person is guilty of a felony punishable by imprisonment

 

for not more than 2 years or a fine of not more than $5,000.00, or

 

both.

 

     (c) If the underlying crime is a misdemeanor or a felony with

 

a maximum term of imprisonment of 2 years or more but less than 4

 

years, the person is guilty of a felony punishable by imprisonment

 

for not more than 4 years or a fine of not more than $5,000.00, or

 

both.

 

     (d) If the underlying crime is a felony with a maximum term of

 

imprisonment of 4 years or more but less than 10 years, the person

 

is guilty of a felony punishable by imprisonment for not more than

 

7 years or a fine of not more than $5,000.00, or both.

 

     (e) If the underlying crime is a felony punishable by a

 

maximum term of imprisonment of 10 years or more but less than 20

 

years, the person is guilty of a felony punishable by imprisonment

 

for not more than 10 years or a fine of not more than $10,000.00,

 

or both.

 

     (f) If the underlying crime is a felony punishable by a

 

maximum term of imprisonment of 20 years or more or for life, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $20,000.00, or both.

 

     (4) The court may order that a term of imprisonment imposed

 

under subsection (3) be served consecutively to any term of

 

imprisonment imposed for conviction of the underlying offense.

 

     (5) If the prosecuting attorney intends to seek an enhanced

sentence under section 4 or section 5 based upon the defendant

 

having a prior conviction, the prosecuting attorney shall include

 

on the complaint and information a statement listing that prior

 

conviction. The existence of the defendant's prior conviction shall

 

be determined by the court, without a jury, at sentencing. The

 

existence of a prior conviction may be established by any evidence

 

relevant for that purpose, including, but not limited to, 1 or more

 

of the following:

 

     (a) A copy of the judgment of conviction.

 

     (b) A transcript of a prior trial, plea-taking, or sentencing.

 

     (c) Information contained in a presentence report.

 

     (d) The defendant's statement.

 

     (6) It is a rebuttable presumption in a prosecution for a

 

violation of section 5 that the person did not have authorization

 

from the owner, system operator, or other person who has authority

 

from the owner or system operator to grant permission to access the

 

computer program, computer, computer system, or computer network or

 

has exceeded authorization unless 1 or more of the following

 

circumstances existed at the time of access:

 

     (a) Written or oral permission was granted by the owner,

 

system operator, or other person who has authority from the owner

 

or system operator to grant permission of the accessed computer

 

program, computer, computer system, or computer network.

 

     (b) The accessed computer program, computer, computer system,

 

or computer network had a pre-programmed access procedure that

 

would display a bulletin, command, or other message before access

 

was achieved that a reasonable person would believe identified the

computer program, computer, computer system, or computer network as

 

within the public domain.

 

     (c) Access was achieved without the use of a set of

 

instructions, code, or computer program that bypasses, defrauds, or

 

otherwise circumvents the pre-programmed access procedure for the

 

computer program, computer, computer system, or computer network.

 

     (7) The court may order a person convicted of violating this

 

act to reimburse this state or a local unit of government of this

 

state for expenses incurred in relation to the violation in the

 

same manner that expenses may be ordered to be reimbursed under

 

section 1f of chapter IX of the code of criminal procedure, 1927 PA

 

175, MCL 769.1f.

 

     (8) As used in this section, "prior conviction" means a

 

violation or attempted violation of section 145d of the Michigan

 

penal code, 1931 PA 328, MCL 750.145d, or this act or a

 

substantially similar law of the United States, another state, or a

 

political subdivision of another state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.