SB3203 100TH GENERAL ASSEMBLY

LRB100 19690 RLC 34964 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3203

Introduced 2/15/2018, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

720 ILCS 5/17-52.6 new
720 ILCS 5/17-55

Amends the Criminal Code of 2012. Creates the offense of cyber terrorism. Provides that a person commits the offense when he or she: (1) with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits any of the offenses defined in the computer crimes provisions of the Code; or (2) with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits a denial of service attack against any computer network administered or operated by a local, State, or federal government entity; any utility, including electricity or water; or a financial institution. Provides that a violation is a Class 1 felony. Defines "denial of service attack".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 17-55 and by adding Section 17-52.6 as follows:

(720 ILCS 5/17-52.6 new)

Sec. 17-52.6. Cyber terrorism.

(a) A person commits cyber terrorism when he or she:

(1) with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits any of the offenses defined in Sections 17-50 through 17-53 of this Code; or

(2) with the intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government, commits a denial of service attack against any computer network administered or operated by a local, State, or federal government entity; any utility, including electricity or water; or a financial institution.

(b) Sentence. Cyber terrorism is a Class 1 felony.

(720 ILCS 5/17-55)

Sec. 17-55. Definitions. For the purposes of Sections 17-50 through 17-53:

In addition to its meaning as defined in Section 15-1 of this Code, "property" means: (1) electronic impulses; (2) electronically produced data; (3) confidential, copyrighted, or proprietary information; (4) private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transfers; (5) software or programs in either machine or human readable form; or (6) any other tangible or intangible item relating to a computer or any part thereof.

"Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of, a computer, a network, or data.

"Denial of service attack" means preventing authorized access to computer resources or delaying time-critical computer operations by inundating or otherwise overloading a computer network, or attempting to inundate or otherwise overload a computer service.

"Services" includes but is not limited to computer time, data manipulation, or storage functions.

"Vital services or operations" means those services or operations required to provide, operate, maintain, and repair network cabling, transmission, distribution, or computer facilities necessary to ensure or protect the public health, safety, or welfare. Those services or operations include, but are not limited to, services provided by medical personnel or institutions, fire departments, emergency services agencies, national defense contractors, armed forces or militia personnel, private and public utility companies, or law enforcement agencies.

(Source: P.A. 96-1551, eff. 7-1-11.)