SENATE BILL No. 927 SENATE BILL No. 927 April 28, 2016, Introduced by Senators KOWALL, HORN, SCHMIDT and WARREN and referred to the Committee on Judiciary. 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 sections 4 and 7 (MCL 752.794 and 752.797), section 4 as amended by 1996 PA 326 and section 7 as amended by 2000 PA 180. SENATE BILL No. 927 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) A person shall not intentionally access or cause 2 access to be made to a computer program, computer, computer system, 3 or computer network to devise or execute a scheme or artifice with 4 the intent to defraud or to obtain money, property, or a service by 5 a false or fraudulent pretense, representation, or promise. 03816'15 TLG 2 1 (2) A PERSON SHALL NOT INTENTIONALLY ACCESS OR CAUSE ACCESS TO 2 BE MADE TO AN ELECTRONIC SYSTEM OF A MOTOR VEHICLE TO WILLFULLY 3 DESTROY, DAMAGE, IMPAIR, ALTER, OR GAIN UNAUTHORIZED CONTROL OF THE 4 MOTOR VEHICLE. 5 6 7 Sec. 7. (1) A person who violates section 4 4(1) is guilty of a crime as follows: (a) If the violation involves an aggregate amount of less than 8 $200.00, the person is guilty of a misdemeanor punishable by 9 imprisonment for not more than 93 days or a fine of not more than 10 $500.00 or 3 times the aggregate amount, whichever is greater, or 11 both imprisonment and a fine. 12 (b) If any of the following apply, the person is guilty of a 13 misdemeanor punishable by imprisonment for not more than 1 year or 14 a fine of not more than $2,000.00 or 3 times the aggregate amount, 15 whichever is greater, or both imprisonment and a fine: 16 17 (i) The violation involves an aggregate amount of $200.00 or more but less than $1,000.00. 18 (ii) The person violates this act and has a prior conviction. 19 (c) If any of the following apply, the person is guilty of a 20 felony punishable by imprisonment for not more than 5 years or a 21 fine of not more than $10,000.00 or 3 times the aggregate amount, 22 whichever is greater, or both imprisonment and a fine: 23 24 (i) The violation involves an aggregate amount of $1,000.00 or more but less than $20,000.00. 25 (ii) The person has 2 prior convictions. 26 (d) If any of the following apply, the person is guilty of a 27 felony punishable by imprisonment for not more than 10 years or a 03816'15 TLG 3 1 fine of not more than 3 times the aggregate amount, or both 2 imprisonment and a fine: (i) The violation involves an aggregate amount of $20,000.00 3 4 or more. 5 (ii) The person has 3 or more prior convictions. 6 (E) A PERSON WHO VIOLATES SECTION 4(2) IS GUILTY OF A FELONY 7 PUNISHABLE BY IMPRISONMENT FOR LIFE OR ANY TERM OF YEARS. (2) A person who violates section 5 is guilty of a crime as 8 9 follows: (a) Except as provided in subdivision (b), the person is 10 11 guilty of a felony punishable by imprisonment for not more than 5 12 years or a fine of not more than $10,000.00, or both. (b) If the person has a prior conviction, the person is guilty 13 14 of a felony punishable by imprisonment for not more than 10 years 15 or a fine of not more than $50,000.00, or both. (3) A person who violates section 6 is guilty of a crime as 16 17 follows: (a) If the underlying crime is a misdemeanor or a felony with 18 19 a maximum term of imprisonment of 1 year or less, the person is 20 guilty of a misdemeanor punishable by imprisonment for not more 21 than 1 year or a fine of not more than $5,000.00, or both. 22 (b) If the underlying crime is a misdemeanor or a felony with 23 a maximum term of imprisonment of more than 1 year but less than 2 24 years, the person is guilty of a felony punishable by imprisonment 25 for not more than 2 years or a fine of not more than $5,000.00, or 26 both. 27 (c) If the underlying crime is a misdemeanor or a felony with 03816'15 TLG 4 1 a maximum term of imprisonment of 2 years or more but less than 4 2 years, the person is guilty of a felony punishable by imprisonment 3 for not more than 4 years or a fine of not more than $5,000.00, or 4 both. 5 (d) If the underlying crime is a felony with a maximum term of 6 imprisonment of 4 years or more but less than 10 years, the person 7 is guilty of a felony punishable by imprisonment for not more than 8 7 years or a fine of not more than $5,000.00, or both. 9 (e) If the underlying crime is a felony punishable by a 10 maximum term of imprisonment of 10 years or more but less than 20 11 years, the person is guilty of a felony punishable by imprisonment 12 for not more than 10 years or a fine of not more than $10,000.00, 13 or both. 14 (f) If the underlying crime is a felony punishable by a 15 maximum term of imprisonment of 20 years or more or for life, the 16 person is guilty of a felony punishable by imprisonment for not 17 more than 20 years or a fine of not more than $20,000.00, or both. 18 (4) The court may order that a term of imprisonment imposed 19 under subsection (3) be served consecutively to any term of 20 imprisonment imposed for conviction of the underlying offense. 21 (5) If the prosecuting attorney intends to seek an enhanced 22 sentence under section 4 or section 5 based upon the defendant 23 having a prior conviction, the prosecuting attorney shall include 24 on the complaint and information a statement listing that prior 25 conviction. The existence of the defendant's prior conviction shall 26 be determined by the court, without a jury, at sentencing. The 27 existence of a prior conviction may be established by any evidence 03816'15 TLG 5 1 relevant for that purpose, including, but not limited to, 1 or more 2 of the following: 3 (a) A copy of the judgment of conviction. 4 (b) A transcript of a prior trial, plea-taking, or sentencing. 5 (c) Information contained in a presentence report. 6 (d) The defendant's statement. 7 (6) It is a rebuttable presumption in a prosecution for a 8 violation of section 5 that the person did not have authorization 9 from the owner, system operator, or other person who has authority 10 from the owner or system operator to grant permission to access the 11 computer program, computer, computer system, or computer network or 12 has exceeded authorization unless 1 or more of the following 13 circumstances existed at the time of access: 14 (a) Written or oral permission was granted by the owner, 15 system operator, or other person who has authority from the owner 16 or system operator to grant permission of the accessed computer 17 program, computer, computer system, or computer network. 18 (b) The accessed computer program, computer, computer system, 19 or computer network had a pre-programmed access procedure that 20 would display a bulletin, command, or other message before access 21 was achieved that a reasonable person would believe identified the 22 computer program, computer, computer system, or computer network as 23 within the public domain. 24 (c) Access was achieved without the use of a set of 25 instructions, code, or computer program that bypasses, defrauds, or 26 otherwise circumvents the pre-programmed access procedure for the 27 computer program, computer, computer system, or computer network. 03816'15 TLG 6 1 (7) The court may order a person convicted of violating this 2 act to reimburse this state or a local unit of government of this 3 state for expenses incurred in relation to the violation in the 4 same manner that expenses may be ordered to be reimbursed under 5 section 1f of chapter IX of the code of criminal procedure, 1927 PA 6 175, MCL 769.1f. 7 (8) As used in this section, "prior conviction" means a 8 violation or attempted violation of section 145d of the Michigan 9 penal code, 1931 PA 328, MCL 750.145d, or this act or a 10 substantially similar law of the United States, another state, or a 11 political subdivision of another state. 12 13 Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. 03816'15 Final Page TLG