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Engrossed Version House Bill 3281 History

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hb3281 eng
ENGROSSED

H. B. 3281


(By Delegates Amores and Craig)



[Introduced March 25, 2005; referred to the

Committee on the Judiciary ]




A BILL to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §3-9-25, relating to the crime of altering, destroying, or tampering with computer equipment containing voter registration information; accessing or attempting to access confidential voter registration information and defenses.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §3-9-25, to read as follows:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-25. Alteration, destruction, etc., of computer equipment containing voter registration information; disclosure of confidential voter registration information.

(a) Any person who knowingly, willfully and without authorization from the Secretary of State or a county clerk, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any computer or computer network that contains voter registration files, records or data or who knowingly introduces, directly or indirectly, a computer contaminant into any computer, computer program or computer network that contains voter registration files, records or data, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in a regional jail for not more than six months, or both.
(b) Any person who knowingly, directly or indirectly, accesses, attempts to access, or causes to be accessed any voter registration files, records or data stored on or in a computer owned by the Secretary of State, a county commission or municipality, without authorization shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five thousand dollars or confined in a regional jail not more than six months, or both.
(c) In any criminal prosecution under subsection (b) against an employee of the Secretary of State, a county commission or a municipality, it shall not be a defense: (1) That the defendant had reasonable grounds to believe that he or she had authorization to access the data merely because of his or her employment; or (2) that the defendant could not have reasonably known he or she did not have authorization to access the data.
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