HB5091 S JUD AMT #1 2-28

Curia  7824

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. House Bill 5091 - A BILL to amend and reenact §61-10-34 of the Code of West Virginia, 1931, as amended, relating to the "West Virginia Critical Infrastructure Protection Act"; defining terms; removing the requirement that a critical infrastructure facility be enclosed; including hardware, software, or other digital property in definition of critical infrastructure facility; clarifying that digital and physical equipment is protected; including damage inflicted by cyber-attack or digital interference as punishable conduct; increasing criminal penalties; creating  second offense penalties for a person who willfully damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility causing damage in excess of $2,500; providing person who buys or receives certain property stolen from a critical infrastructure facility is guilty of larceny; providing exception to larceny for persons acting at the request of law enforcement or in cooperation with law enforcement; providing liability for compensatory and punitive damages in certain circumstances; providing for forfeiture of items of personal property in certain circumstances; and providing that forfeiture be governed by the applicable provisions of the West Virginia Contraband Forfeiture Act.