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 ¦                                                       REFERENCE TITLE: computer crimes  ¦
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 ¦ State of Arizona                                                                      ¦
 ¦ House of Representatives                                                              ¦
 ¦ Forty-fourth Legislature                                                              ¦
 ¦ Second Regular Session                                                                ¦
 ¦ 2000                                                                                  ¦
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 ¦                                       HB 2428                                         ¦
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 ¦                                    Introduced by                                      ¦
 ¦  Representatives Verkamp, Groscost, Brotherton, Marsh, Hatch-Miller, Wong, Horton,    ¦
 ¦   Huffman, Binder, Loredo, Valadez, Senators Bowers, Spitzer, Freestone, Hartley,     ¦
 ¦ Richardson, Cummiskey, Day: Representatives Cheuvront, Dunbar, Flake, Gardner M, Gerard, ¦
 ¦  Hart, Jarrett, Knaperek, Voss, Weason, Weiers, Senators Aguirre, Arzberger, Brown,   ¦
 ¦        Cunningham, Guenther, Lopez, Mitchell, Rios P, Smith, Solomon, Soltero         ¦
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AN ACT

AMENDING SECTIONS 12-731, 12-741, 13-1801, 13-1802, 13-2001, 13-2002, 13-2003 AND 13-2301, ARIZONA REVISED STATUTES; TRANSFERRING AND RENUMBERING SECTION 13-2708, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE 13, CHAPTER 20, ARIZONA REVISED STATUTES, AS SECTION 13-2008; AMENDING SECTION 13-2008, ARIZONA REVISED STATUTES, AS TRANSFERRED AND RENUMBERED BY THIS ACT; AMENDING SECTION 13-2316, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 23, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2316.01 AND 13-2316.02; REPEALING SECTIONS 13-2912, 13-2913, 13-2914, 13-3001, 13-3002 AND 13-3003, ARIZONA REVISED STATUTES; RENUMBERING SECTION 13-3004, ARIZONA REVISED STATUTES, AS SECTION 13-3001; AMENDING SECTION 13-3001, ARIZONA REVISED STATUTES, AS RENUMBERED BY THIS ACT; AMENDING SECTIONS 13-3008, 13-3010, 13-3011, 13-3012, 13-3013 AND 13-3016, ARIZONA REVISED STATUTES; RENUMBERING SECTION 13-3018, ARIZONA REVISED STATUTES, AS SECTION 13-3019; AMENDING TITLE 13, CHAPTER 30, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 13-3018; AMENDING SECTIONS 13-3417, 13-3506, 13-3551 AND 13-3553, ARIZONA REVISED STATUTES; REPEALING SECTION 13-3508, ARIZONA REVISED STATUTES; RENUMBERING SECTIONS 13-3554, 13-3555 AND 13-3556, ARIZONA REVISED STATUTES, AS SECTIONS 13-3555, 13-3556 AND 13-3558, RESPECTIVELY; AMENDING TITLE 13, CHAPTER 35.1, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION 13-3554; AMENDING TITLE 13, CHAPTER 35.1, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-3557 AND 13-3559; AMENDING SECTIONS 13-3707, 13-4801, 21-422, 31-281 AND 44-405, ARIZONA REVISED STATUTES; RELATING TO TECHNOLOGY CRIMES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-731, Arizona Revised Statutes, is amended to read:

12-731. Recovery of civil damages

A. Except as provided in this section and section 13-3012 TITLE 13, CHAPTER 30, any person whose wire, oral or electronic communication is intentionally intercepted, disclosed or used in violation of this chapter TITLE 13, CHAPTER 30 may in BRING a civil action TO recover from the person or entity which THAT engaged in that THE violation the following:

1. Such preliminary and other equitable or declaratory relief as may be appropriate.

2. Damages in an amount which THAT is the greater of EITHER:

(a) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation.

(b) Statutory damages of one hundred dollars a day for each day of the violation.

(c) Statutory damages of ten thousand dollars.

3. Punitive damages in appropriate cases.

4. Reasonable attorney fees and other reasonable costs of litigation.

B. A civil action under this section may not be commenced later than one year after the date upon which the claimant PLAINTIFF first has a reasonable opportunity to discover the violation.

Sec. 2. Section 12-741, Arizona Revised Statutes, is amended to read:

12-741. Definitions

In this article, unless the context otherwise requires:

1. "Buyer" means a person who leases, licenses or purchases any product, equipment or service.

2. "Computer" has the same meaning prescribed in section 13-2301, subsection E.

3. "Computer network" has the same meaning prescribed in section 13-2301, subsection E.

4. 3. "Computer program" has the same meaning prescribed in section 13-2301, subsection E.

5. 4. "Computer software" has the same meaning prescribed in section 13-2301, subsection E.

6. 5. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.

7. 6. "Equipment" means any item that contains a product and that is used to produce or deliver a product or service.

7. "NETWORK" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-2301, SUBSECTION E.

8. "Product" means any item that is:

(a) Directly or indirectly manufactured, created or delivered by or that operates through the use of embedded chips or through the manipulation of electronic or magnetic impulses, including any computer, computer network, computer program, computer software or computer system or any constituent component, any item that contains an integrated circuit or any other electronics component.

(b) Directly or indirectly manufactured, created or delivered by or that operates through the use of an integrated circuit or electronic component.

9. "Remedial measures" means an action that is taken to improve the efficacy of any product, equipment or service in order to lessen the likelihood or consequences of a year 2000 date failure. These actions may include:

(a) Modifications to the product, equipment or service.

(b) Changes in quality assurance procedures or policies.

(c) Modifications that are made to the design or method of manufacturing, to manufacturing equipment or to the testing of the product, equipment or service.

(d) Changes in or additions to training programs or safety education programs.

(e) Personnel or human resources measures that are related to the product, equipment or service.

(f) The use or modification of warnings or notices or changes to owner manuals and related materials.

(g) The recall of products.

(h) The creation of a plan or instructions to be implemented in the event of or to avoid a year 2000 date failure.

(i) Alternative services that are offered in connection with a service to provide the buyer with the intended result of the service.

10. "Service" means any effort, function, labor, delivery, processing or time that directly or indirectly involves the use of a product.

11. "Year 2000 compliance analysis or review" means any evaluation, investigation, inquiry, review or other means by which a person seeks to compute, determine, estimate, evaluate, predict or report the performance of any product, equipment or service and that may be conducted by employees or agents of the person, by a year 2000 consultant or by a government agency or instrumentality.

12. "Year 2000 date failure" means either:

(a) The present or future failure or inability of a product or any product or equipment that uses a product to accurately accept, compute, compare, distinguish, generate, interpret, produce, recognize, sequence or otherwise process, store or display correctly date and time data in, from, into and between the years 1999 and 2000 and subsequent years, the twentieth and twenty-first centuries and leap year computations.

(b) The present or future failure or inability of a service that uses a product or equipment that fails or is not able to accurately accept, compute, compare, distinguish, generate, interpret, produce, recognize, sequence or otherwise process, store or display date and time data in, from, into and between the years 1999 and 2000 and subsequent years, the twentieth and twenty-first centuries and leap year computations.

13. "Year 2000 date statement" means a statement that is material to a transaction made about a product that is manufactured or sold or about a service that is provided or sold regarding whether the product, equipment or service will result in a year 2000 date failure.

Sec. 3. Section 13-1801, Arizona Revised Statutes, is amended to read:

13-1801. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Check" means any check, draft or other negotiable or nonnegotiable instrument of any kind.

2. "Control" or "exercise control" means to act so as to exclude others from using their property except on the defendant's own terms.

3. "Credit" means an express agreement with the drawee for the payment of a check.

4. "Deprive" means to withhold the property interest of another either permanently or for so long a time period that a substantial portion of its economic value or usefulness or enjoyment is lost, or to withhold it with the intent to restore it only upon payment of ANY reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered.

5. "Draw" means making, drawing, uttering, preparing, writing or delivering a check.

6. "Funds" mean MEANS money or credit.

7. "Issue" means to deliver or cause to be delivered a check to a person who thereby acquires a right against the drawer with respect to the check. A person who draws a check with THE intent that it be so delivered is deemed to have issued it if the delivery occurs.

8. "Material misrepresentation" means A pretense, promise, representation or statement of present, past or future fact which THAT is fraudulent and which THAT, when used or communicated, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.

9. "Means of transportation" means any vehicle.

10. "Obtain" means to bring about or TO receive the transfer of any interest in property, whether to a defendant or to another, or to secure THE performance of a service OR THE POSSESSION OF A TRADE SECRET.

11. "Pass" means, for a payee, holder or bearer of a check which THAT previously has been or purports to have been drawn and issued by another, to deliver a check, for a purpose other than collection, to a third person who by delivery acquires a right with respect to the check.

12. "PROPERTY" MEANS ANY THING OF VALUE, TANGIBLE OR INTANGIBLE, INCLUDING TRADE SECRETS.

12. 13. "Property of another" means property in which any person other than the defendant has an interest ON which the defendant is not privileged to infringe, including property in which the defendant also has an interest, notwithstanding the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the defendant is not deemed property of another person who has only a security interest in such THE property, even if legal title is in the creditor pursuant to a security agreement.

13. 14. "Services" includes labor, professional service SERVICES, transportation, cable television, telephone COMPUTER OR COMMUNICATION SERVICES, gas or electricity services, accommodation in hotels, restaurants, OR leased premises or elsewhere, admission to exhibitions and use of vehicles or other movable property.

14. 15. "Value" means the fair market value of the property or services at the time of the theft. Written instruments which THAT do not have a readily ascertained market value have as their value either the face amount of indebtedness less the portion satisfied or the amount of economic loss involved in deprivation of the instrument, whichever is greater. When property has AN undeterminable value THE TRIER OF FACT SHALL DETERMINE its value shall be determined by the trier of fact and, in reaching its decision, MAY CONSIDER all relevant evidence, may be considered including evidence of such THE property's value to its owner.

B. IN DETERMINING THE CLASSIFICATION OF THE OFFENSE, THE STATE MAY AGGREGATE IN THE INDICTMENT OR INFORMATION amounts taken in thefts committed pursuant to one scheme or course of conduct, whether THE AMOUNTS WERE TAKEN from one or several persons, may be aggregated in the indictment or information at the discretion of the state in determining the classification of the offense.

Sec. 4. Section 13-1802, Arizona Revised Statutes, is amended to read:

13-1802. Theft; classification

A. A person commits theft if, without lawful authority, the person knowingly:

1. Controls property of another with the intent to deprive the other person of such property; or

2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or

3. Obtains property or services OR PROPERTY of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or

4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or

5. Controls property of another knowing or having reason to know that the property was stolen; or

6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay such THE compensation or diverts another's services to the person's own or another's benefit without authority to do so. ; OR

7. OBTAINS OR CONTROLS A TRADE SECRET OF ANOTHER KNOWING OR HAVING REASON TO KNOW THAT THE TRADE SECRET WAS OBTAINED OR CONTROLLED WITHOUT THE PERMISSION OF THE OWNER.

B. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult's assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.

C. The inferences set forth in section 13-2305 shall apply to any prosecution under the provisions of subsection A, paragraph 5 of this section.

D. AT THE CONCLUSION OF ANY GRAND JURY PROCEEDING, HEARING OR TRIAL, THE COURT SHALL PRESERVE ANY TRADE SECRET THAT IS ADMITTED IN EVIDENCE OR ANY PORTION OF A TRANSCRIPT THAT CONTAINS INFORMATION RELATING TO THE TRADE SECRET PURSUANT TO SECTION 44-405.

D. E. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of three thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 4 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 5 felony. Theft of property or services with a value of two hundred fifty dollars or more but less than one thousand dollars is a class 6 felony. Theft of any property or services valued at less than two hundred fifty dollars is a class 1 misdemeanor, unless such property is taken from the person of another or is a firearm, in which case the theft is a class 6 felony.

E. F. A person who is convicted of a violation of subsection A, paragraph 1, or 3 OR 7 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31- 233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Sec. 5. Section 13-2001, Arizona Revised Statutes, is amended to read:

13-2001. Definitions

In this chapter, unless the context otherwise requires:

1. "ACCESS DEVICE" MEANS ANY CARD, TOKEN, CODE, ACCOUNT NUMBER, ELECTRONIC SERIAL NUMBER, MOBILE OR PERSONAL IDENTIFICATION NUMBER, PASSWORD, ENCRYPTION KEY OR OTHER MEANS OF ACCOUNT ACCESS, INCLUDING A CANCELED OR REVOKED ACCESS DEVICE, THAT CAN BE USED ALONE OR IN CONJUNCTION WITH ANOTHER ACCESS DEVICE TO OBTAIN MONEY, GOODS, SERVICES, COMPUTER OR NETWORK ACCESS OR ANY OTHER THING OF VALUE OR THAT CAN BE USED TO INITIATE A TRANSFER OF FUNDS.

1. 2. "Coin machine" means a coin box, turnstile, vending machine or other mechanical, electrical, or electronic device or receptacle THAT IS designed to receive a coin or bill of a certain denomination or a token made for such purpose, and THAT, in return for the insertion or deposit thereof OF THE COIN, BILL OR TOKEN, automatically to offer, provide, assist OFFERS, PROVIDES, ASSISTS in providing or permit PERMITS the acquisition or use of some property or service.

2. 3. "Complete written instrument" means a written instrument which THAT purports to be genuine and fully drawn with respect to every essential feature thereof.

6. 4. "To Falsely alter ALTERS a written instrument" means to change A COMPLETE OR INCOMPLETE WRITTEN INSTRUMENT, without the permission of anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, OR transposition of matter or in any other manner, so that the altered instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

7. 5. "To Falsely complete COMPLETES a written instrument" means to transform an incomplete written instrument into a complete one by adding, inserting or changing matter without the permission of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

8. 6. "To Falsely make MAKES a written instrument" means to make or draw a complete or incomplete written instrument which THAT purports to be an authentic creation of its ostensible maker but which THAT is not either because the ostensible maker is fictitious, or because, if real, he THE OSTENSIBLE MAKER did not authorize the making or drawing of such THE written instrument.

3. 7. "Forged instrument" means a written instrument which THAT has been falsely made, completed or altered.

4. 8. "Incomplete written instrument" means a written instrument which THAT contains some matter by way of content or authentication but which THAT requires additional matter to render it a complete written instrument.

9. "PERSONAL IDENTIFYING INFORMATION" MEANS A NAME, ELECTRONIC IDENTIFIER OR SCREEN NAME, DRIVER LICENSE NUMBER, ACCESS DEVICE, RESIDENCE OR MAILING ADDRESS, TELEPHONE NUMBER, EMPLOYER, STUDENT OR MILITARY IDENTIFICATION NUMBER, SOCIAL SECURITY NUMBER OR BIRTH DATE.

5. 10. "Slug" means an object, article or device which THAT by virtue of its size, ITS shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as a fraudulent substitute for a genuine token, lawful coin, or bill of the United States.

9. 11. "Written instrument" means EITHER:

(a) Any paper, document or other instrument containing THAT CONTAINS written or printed matter or its equivalent; or.

(b) Any token, stamp, seal, badge, trademark, GRAPHICAL IMAGE, ACCESS DEVICE or other evidence or symbol of value, right, privilege or identification.

Sec. 6. Section 13-2002, Arizona Revised Statutes, is amended to read:

13-2002. Forgery; classification

A. A person commits forgery if, with intent to defraud, such THE person:

1. Falsely makes, completes or alters a written instrument; or

2. Knowingly possesses a forged instrument; or

3. Offers or presents, whether accepted or not, a forged instrument or one which THAT contains false information.

B. THE POSSESSION OF FIVE OR MORE FORGED INSTRUMENTS MAY GIVE RISE TO AN INFERENCE THAT THE INSTRUMENTS ARE POSSESSED WITH AN INTENT TO DEFRAUD.

B. C. Forgery is a class 4 felony.

Sec. 7. Section 13-2003, Arizona Revised Statutes, is amended to read:

13-2003. Criminal possession of a forgery device; classification

A. A person commits criminal possession of a forgery device if such THE person EITHER:

1. Makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, SOFTWARE, ACCESS DEVICE or article specifically designed or adapted for use in forging written instruments; or.

2. Makes or possesses any device, apparatus, equipment, SOFTWARE, ACCESS DEVICE or article adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery.

B. SUBSECTION A, PARAGRAPH 1 DOES NOT APPLY TO PEACE OFFICERS OR PROSECUTORS IN THE PERFORMANCE OF THEIR DUTIES.

B. C. Criminal possession of a forgery device in A VIOLATION OF subsection A, paragraph 1 is a class 6 felony. Criminal possession of a forgery device in A VIOLATION OF subsection A, paragraph 2 is a class 5 felony.

Sec. 8. Section 13-2708, Arizona Revised Statutes, is transferred and renumbered for placement in title 13, chapter 20, Arizona Revised Statutes, as section 13-2008 and, as so renumbered, is amended to read:

13-2008. Taking identity of another person; classification; definition

A. A person commits taking the identity of another person if the person knowingly takes the name, birth date or social security number OR USES ANY PERSONAL IDENTIFYING INFORMATION of another person, without the consent of that other person, with the intent to obtain or use the other person's identity for any unlawful purpose or to cause loss to a person.

B. On the request of a victim and subject to section 13-2907.01, a peace officer shall report or cause a report to be made of the taking or using of the victim's identity. The report shall include the true name and address of the victim, the nature of any personal identifying information taken or used and any resulting economic loss to the victim, if known. For the purposes of this subsection, the primary reporting venue is the jurisdiction in which the victim resides. Pursuant to section 13-108, a report may also be taken in any jurisdiction in which an element of the offense is committed or a result of the offense occurs.

C. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in the justice of the peace precinct in which the greatest number of violations are alleged to have occurred.

B. D. Taking the identity of another person is a class 5 4 felony.

E. FOR THE PURPOSES OF THIS SECTION, "VICTIM" MEANS A PERSON WHOSE PERSONAL IDENTIFYING INFORMATION IS TAKEN OR USED WITHOUT CONSENT, WHETHER OR NOT THE VICTIM ACTUALLY SUFFERS ANY ECONOMIC LOSS AS A RESULT OF THE OFFENSE.

Sec. 9. Section 13-2301, Arizona Revised Statutes, is amended to read:

13-2301. Definitions

A. For the purposes of sections 13-2302 through, 13-2303 AND 13-2304:

6. 1. "To Collect an extension of credit" means to induce in any way any person to make repayment thereof OF THAT EXTENSION.

1. 2. "Creditor" means any person making such an extension of credit or any person claiming by, under, or through any person making such an extension of credit.

2. 3. "Debtor" means any person to whom such an extension of credit is made or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom an extension is made to repay the same EXTENSION.

7. 4. "To Extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

3. 5. "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time such THE extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person.

4. 6. "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or the reputation or property of any person.

5. 7. "Repayment of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

B. For the purposes of sections SECTION 13-2305 through, 13-2306 OR 13-2307:

1. "Dealer in property" means a person who buys and sells property as a business.

2. "Stolen property" means property that has been the subject of any unlawful taking.

3. "Traffic" means to sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of stolen property, with THE intent to sell, transfer, distribute, dispense or otherwise dispose of THE PROPERTY to another person.

C. For the purposes of this chapter:

1. "Combination" means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though such persons may not know each other's identity, membership in the combination changes from time to time or one or more members may stand in a wholesaler-retailer or other arm's length relationship with others as to activities or dealings between or among themselves in an illicit operation.

2. "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct which THAT violates any one or more provisions of any felony statute of this state.

D. For the purposes of sections 13-2312 through 13-2315, unless the context otherwise requires:

1. "Control", in relation to an enterprise, means the possession of sufficient means to permit substantial direction over the affairs of an enterprise and, in relation to property, means to acquire or possess.

2. "Enterprise" means any corporation, partnership, association, labor union, or other legal entity or any group of persons associated in fact although not a legal entity.

3. "Financial institution" means any business under the jurisdiction of the state banking department or a banking or securities regulatory agency of the United States or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance.

4. "Racketeering" means any act, including any preparatory or completed offense, which THAT is committed for financial gain, which THAT is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, which THAT would be chargeable or indictable under the laws of this state had IF the act HAD occurred in this state and which THAT would be punishable by imprisonment for more than one year, regardless of whether such act is charged or indicted, involving:

(a) Homicide.

(b) Robbery.

(c) Kidnapping.

(d) Forgery.

(e) Theft.

(f) Bribery.

(g) Gambling.

(h) Usury.

(i) Extortion.

(j) Extortionate extensions of credit.

(k) Prohibited drugs, marijuana or other prohibited chemicals or substances.

(l) Trafficking in explosives, weapons or stolen property.

(m) Participating in a criminal syndicate.

(n) Obstructing or hindering criminal investigations or prosecutions.

(o) Asserting false claims including, but not limited to, false claims asserted through fraud or arson.

(p) Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(q) Resale of realty with intent to defraud.

(r) Intentional or reckless fraud in the purchase or sale of securities.

(s) Intentional or reckless sale of unregistered securities or real property securities.

(t) A scheme or artifice to defraud.

(u) Obscenity.

(v) Child pornography.

(v) SEXUAL EXPLOITATION OF CHILDREN.

(w) Prostitution.

(x) Restraint of trade or commerce in violation of section 34-252.

(y) Terrorism.

(z) Money laundering.

(aa) Obscene or indecent telephone communications to minors for commercial purposes.

(bb) Counterfeiting marks as proscribed in section 44-1453.

5. "Records" means any book, paper, writing, record, computer program, or other material DATA, IMAGE OR INFORMATION THAT IS COLLECTED, RECORDED, PRESERVED OR MAINTAINED IN ANY FORM OF STORAGE MEDIUM.

6. "To Remedy racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering.

E. For the purposes of section SECTIONS 13-2316, 13-2316.01 AND 13-2316.02:

1. "Access" means to approach, instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

2. "ACCESS DEVICE" MEANS ANY CARD, TOKEN, CODE, ACCOUNT NUMBER, ELECTRONIC SERIAL NUMBER, MOBILE OR PERSONAL IDENTIFICATION NUMBER, PASSWORD, ENCRYPTION KEY OR OTHER MEANS OF ACCOUNT ACCESS, INCLUDING A CANCELED OR REVOKED ACCESS DEVICE, THAT CAN BE USED ALONE OR IN CONJUNCTION WITH ANOTHER ACCESS DEVICE TO OBTAIN MONEY, GOODS, SERVICES, COMPUTER OR NETWORK ACCESS OR ANY OTHER THING OF VALUE OR THAT CAN BE USED TO INITIATE A TRANSFER OF FUNDS.

2. 3. "Computer" means an electronic device which THAT performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities which THAT are connected or related to such a device in a system or network.

3. "Computer network" means the interconnection of communication lines with a computer through remote terminals or a complex consisting of two or more interconnected computers.

4. "COMPUTER CONTAMINANT" MEANS ANY SET OF COMPUTER INSTRUCTIONS THAT IS DESIGNED TO MODIFY, DAMAGE, DESTROY, RECORD OR TRANSMIT INFORMATION WITHIN A COMPUTER, COMPUTER SYSTEM OR NETWORK WITHOUT THE INTENT OR PERMISSION OF THE OWNER OF THE INFORMATION. COMPUTER CONTAMINANT INCLUDES A GROUP OF COMPUTER INSTRUCTIONS, SUCH AS VIRUSES OR WORMS, THAT IS SELF-REPLICATING OR SELF-PROPAGATING AND THAT IS DESIGNED TO CONTAMINATE OTHER COMPUTER PROGRAMS OR COMPUTER DATA, TO CONSUME COMPUTER RESOURCES, TO MODIFY, DESTROY, RECORD OR TRANSMIT DATA OR IN SOME OTHER FASHION TO USURP THE NORMAL OPERATION OF THE COMPUTER, COMPUTER SYSTEM OR NETWORK.

4. 5. "Computer program" means a series of instructions or statements, in a form acceptable to a computer, which THAT permits the functioning of a computer system in a manner designed to provide appropriate products from such THE computer system.

5. 6. "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system.

6. 7. "Computer system" means a set of related, connected or unconnected computer equipment, devices and software, INCLUDING STORAGE, MEDIA AND PERIPHERAL DEVICES.

8. "CRITICAL INFRASTRUCTURE RESOURCE" MEANS ANY COMPUTER OR COMMUNICATIONS SYSTEM OR NETWORK THAT IS INVOLVED IN PROVIDING SERVICES NECESSARY TO ENSURE OR PROTECT THE PUBLIC HEALTH, SAFETY OR WELFARE, INCLUDING SERVICES THAT ARE PROVIDED BY ANY OF THE FOLLOWING:

(a) MEDICAL PERSONNEL AND INSTITUTIONS.

(b) EMERGENCY SERVICES AGENCIES.

(c) PUBLIC AND PRIVATE UTILITIES, INCLUDING WATER, POWER, COMMUNICATIONS AND TRANSPORTATION SERVICES.

(d) FIRE DEPARTMENTS.

(e) LAW ENFORCEMENT AGENCIES.

(f) FINANCIAL INSTITUTIONS.

(g) PUBLIC EDUCATIONAL INSTITUTIONS.

(h) GOVERNMENT AGENCIES.

9. "FALSE OR FRAUDULENT PRETENSE" MEANS THE UNAUTHORIZED USE OF AN ACCESS DEVICE OR THE USE OF AN ACCESS DEVICE TO EXCEED AUTHORIZED ACCESS.

7. 10. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument, as defined by IN section 13-2001, paragraph 7, which THAT is transferable for value.

11. "NETWORK" MEANS A COMPLEX OF INTERCONNECTED COMPUTER OR COMMUNICATION SYSTEMS OF ANY TYPE.

8. 12. "Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible.

13. "PROPRIETARY OR CONFIDENTIAL COMPUTER SECURITY INFORMATION" MEANS INFORMATION ABOUT A PARTICULAR COMPUTER, COMPUTER SYSTEM OR NETWORK THAT RELATES TO ITS ACCESS DEVICES, SECURITY PRACTICES, METHODS AND SYSTEMS, ARCHITECTURE, COMMUNICATIONS FACILITIES, ENCRYPTION METHODS AND SYSTEM VULNERABILITIES AND THAT IS NOT MADE AVAILABLE TO THE PUBLIC BY ITS OWNER OR OPERATOR.

9. 14. "Services" includes computer time, data processing, and storage functions AND ALL TYPES OF COMMUNICATION FUNCTIONS.

Sec. 10. Section 13-2316, Arizona Revised Statutes, is amended to read:

13-2316. Computer tampering; venue; forfeiture; classification

A. A person WHO ACTS WITHOUT AUTHORITY OR WHO EXCEEDS AUTHORIZATION OF USE commits computer fraud in the first degree TAMPERING BY:

1. Accessing, altering, damaging or destroying without authorization or exceeding authorization of use of any computer, computer system, computer OR network, or any part of such A computer, COMPUTER system or network, with the intent to devise or execute any scheme or artifice to defraud or deceive, or TO control property or services by means of false or fraudulent pretenses, representations or promises.

2. KNOWINGLY ALTERING, DAMAGING, DELETING OR DESTROYING COMPUTER PROGRAMS OR DATA.

3. KNOWINGLY INTRODUCING A COMPUTER CONTAMINANT INTO ANY COMPUTER, COMPUTER SYSTEM OR NETWORK.

4. RECKLESSLY DISRUPTING OR CAUSING THE DISRUPTION OF COMPUTER, COMPUTER SYSTEM OR NETWORK SERVICES OR DENYING OR CAUSING THE DENIAL OF COMPUTER OR NETWORK SERVICES TO ANY AUTHORIZED USER OF A COMPUTER, COMPUTER SYSTEM OR NETWORK.

5. RECKLESSLY USING A COMPUTER, COMPUTER SYSTEM OR NETWORK TO ENGAGE IN A SCHEME OR COURSE OF CONDUCT THAT IS DIRECTED AT ANOTHER PERSON AND THAT SERIOUSLY ALARMS, TORMENTS, THREATENS OR TERRORIZES THE PERSON. FOR THE PURPOSES OF THIS PARAGRAPH, THE CONDUCT MUST BOTH:

(a) CAUSE A REASONABLE PERSON TO SUFFER SUBSTANTIAL EMOTIONAL DISTRESS.

(b) SERVE NO LEGITIMATE PURPOSE.

6. KNOWINGLY PREVENTING A COMPUTER USER FROM EXITING A SITE, COMPUTER SYSTEM OR NETWORK-CONNECTED LOCATION IN ORDER TO COMPEL THE USER'S COMPUTER TO CONTINUE COMMUNICATING WITH, CONNECTING TO OR DISPLAYING THE CONTENT OF THE SERVICE, SITE OR SYSTEM.

7. KNOWINGLY OBTAINING ANY INFORMATION THAT IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL OR ANY RECORDS THAT ARE NOT PUBLIC RECORDS BY ACCESSING ANY COMPUTER, COMPUTER SYSTEM OR NETWORK THAT IS OPERATED BY THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A MEDICAL INSTITUTION.

B. 8. A person commits computer fraud in the second degree by intentionally and without authorization or by exceeding authorization KNOWINGLY accessing, altering, damaging or destroying any computer, computer system or computer network or any computer software, program or data THAT IS contained in such A computer, computer system or computer network.

B. IN A PROSECUTION FOR A VIOLATION OF SUBSECTION A, PARAGRAPH 6 OF THIS SECTION, THE TRIER OF FACT MAY INFER THAT THE CONNECTION WAS KNOWINGLY COMPELLED IF EITHER OF THE FOLLOWING APPLIES:

1. THE USER WAS UNABLE TO EXIT THE SITE, SYSTEM OR LOCATION BY METHODS THAT ARE NORMAL TO THE USER'S SOFTWARE.

2. THE USER IS COMPELLED TO EXIT HIS SOFTWARE, DISCONNECT FROM HIS COMMUNICATION SERVICE OR TURN HIS COMPUTER OFF TO TERMINATE THE SESSION.

C. NOTWITHSTANDING SECTION 13-109, A PROSECUTION FOR A VIOLATION OF THIS SECTION MAY BE TRIED IN ANY OF THE FOLLOWING COUNTIES:

1. THE COUNTY IN WHICH THE VICTIMIZED COMPUTER, COMPUTER SYSTEM OR NETWORK IS LOCATED.

2. THE COUNTY IN WHICH THE COMPUTER, COMPUTER SYSTEM OR NETWORK THAT WAS USED IN THE COMMISSION OF THE OFFENSE IS LOCATED OR IN WHICH ANY BOOKS, RECORDS, DOCUMENTS, PROPERTY, FINANCIAL INSTRUMENTS, COMPUTER SOFTWARE, DATA, ACCESS DEVICES OR INSTRUMENTS OF THE OFFENSE WERE USED.

3. THE COUNTY IN WHICH THE OFFENDER RESIDES, DOES BUSINESS OR HAD POSSESSION OR CONTROL OF ANY PROCEEDS OF THE OFFENSE.

4. THE COUNTY IN WHICH ANY AUTHORIZED USER WAS DENIED SERVICE OR IN WHICH AN AUTHORIZED USER'S SERVICE WAS INTERRUPTED.

5. THE COUNTY IN WHICH CRITICAL INFRASTRUCTURE RESOURCES WERE TAMPERED WITH OR AFFECTED.

D. ON CONVICTION OF A VIOLATION OF THIS SECTION, THE COURT SHALL ORDER THAT ANY COMPUTER SYSTEM OR INSTRUMENT OF COMMUNICATION THAT WAS OWNED OR USED EXCLUSIVELY BY THE DEFENDANT AND THAT WAS USED IN THE COMMISSION OF THE OFFENSE BE FORFEITED AND SOLD, DESTROYED OR OTHERWISE PROPERLY DISPOSED.

C. E. Computer fraud in the first degree TAMPERING PURSUANT TO SUBSECTION A, PARAGRAPH 1 OF THIS SECTION is a class 3 felony. Computer fraud in the second degree TAMPERING PURSUANT TO SUBSECTION A, PARAGRAPH 2, 3 OR 4 OF THIS SECTION is a class 5 4 felony, UNLESS THE COMPUTER, COMPUTER SYSTEM OR NETWORK TAMPERED WITH IS A CRITICAL INFRASTRUCTURE RESOURCE, IN WHICH CASE IT IS A CLASS 2 FELONY. COMPUTER TAMPERING PURSUANT TO SUBSECTION A, PARAGRAPH 5 OF THIS SECTION IS A CLASS 5 FELONY. COMPUTER TAMPERING PURSUANT TO SUBSECTION A, PARAGRAPH 6, 7 OR 8 OF THIS SECTION IS A CLASS 6 FELONY.

Sec. 11. Title 13, chapter 23, Arizona Revised Statutes, is amended by adding sections 13-2316.01 and 13-2316.02, to read:

13-2316.01. Unlawful possession of an access device; classification

A. A PERSON COMMITS UNLAWFUL POSSESSION OF AN ACCESS DEVICE BY KNOWINGLY POSSESSING, TRAFFICKING IN, PUBLISHING OR CONTROLLING AN ACCESS DEVICE OF ANOTHER PERSON WITH THE INTENT TO USE THAT ACCESS DEVICE.

B. THE POSSESSION, TRAFFICKING, PUBLISHING OR CONTROL OF TEN OR MORE ACCESS DEVICES WITHOUT THE CONSENT OF THE OTHER PERSON MAY GIVE RISE TO AN INFERENCE THAT THE PERSON POSSESSING, TRAFFICKING IN, PUBLISHING OR CONTROLLING THE ACCESS DEVICES INTENDED TO USE THE DEVICES.

C. UNLAWFUL POSSESSION OF ONE HUNDRED OR MORE ACCESS DEVICES IS A CLASS 4 FELONY. UNLAWFUL POSSESSION OF TEN OR MORE BUT FEWER THAN ONE HUNDRED ACCESS DEVICES IS A CLASS 5 FELONY. UNLAWFUL POSSESSION OF FEWER THAN TEN ACCESS DEVICES IS A CLASS 6 FELONY.

13-2316.02. Unauthorized release of proprietary or confidential computer security information; exceptions; classification

A. A PERSON COMMITS UNAUTHORIZED RELEASE OF PROPRIETARY OR CONFIDENTIAL COMPUTER SECURITY INFORMATION BY COMMUNICATING, RELEASING OR PUBLISHING PROPRIETARY OR CONFIDENTIAL COMPUTER SECURITY INFORMATION, SECURITY-RELATED MEASURES, ALGORITHMS OR ENCRYPTION DEVICES RELATING TO A PARTICULAR COMPUTER, COMPUTER SYSTEM OR NETWORK WITHOUT THE AUTHORIZATION OF ITS OWNER OR OPERATOR.

B. THE FOLLOWING ARE EXEMPT FROM THIS SECTION:

1. THE RELEASE BY PUBLISHERS, VENDORS, USERS AND RESEARCHERS OF WARNINGS OR INFORMATION ABOUT SECURITY MEASURES OR DEFECTS IN SOFTWARE, HARDWARE OR ENCRYPTION PRODUCTS IF THE RELEASE OF THE WARNINGS OR INFORMATION IS NOT SPECIFIC TO A PARTICULAR OWNER'S OR OPERATOR'S COMPUTER, COMPUTER SYSTEM OR NETWORK.

2. THE RELEASE OF SECURITY INFORMATION AMONG THE AUTHORIZED USERS OF A COMPUTER, COMPUTER SYSTEM OR NETWORK OR THE NOTIFICATION TO THE OWNER OR OPERATOR OF A COMPUTER, COMPUTER SYSTEM OR NETWORK OF A PERCEIVED SECURITY THREAT.

3. THE RELEASE OF SECURITY INFORMATION IN CONNECTION WITH THE RESEARCH, DEVELOPMENT AND TESTING OF SECURITY-RELATED MEASURES, PRODUCTS OR DEVICES IF THE RELEASE OF THE SECURITY INFORMATION IS NOT SPECIFIC TO A PARTICULAR OWNER'S OR OPERATOR'S COMPUTER, COMPUTER SYSTEM OR NETWORK.

C. AT THE CONCLUSION OF ANY GRAND JURY, HEARING OR TRIAL, THE COURT SHALL PRESERVE PURSUANT TO SECTION 44-405 ANY PROPRIETARY COMPUTER SECURITY INFORMATION THAT WAS ADMITTED IN EVIDENCE OR ANY PORTION OF A TRANSCRIPT THAT CONTAINS INFORMATION RELATING TO PROPRIETARY COMPUTER SECURITY INFORMATION.

D. UNAUTHORIZED RELEASE OF PROPRIETARY OR CONFIDENTIAL COMPUTER SECURITY INFORMATION IS A CLASS 6 FELONY, UNLESS THE SECURITY INFORMATION RELATES TO A CRITICAL INFRASTRUCTURE RESOURCE, IN WHICH CASE IT IS A CLASS 4 FELONY.

Sec. 12. Repeal

Sections 13-2912, 13-2913, 13-2914, 13-3001, 13-3002 and 13-3003, Arizona Revised Statutes, are repealed.

Sec. 13. Section 13-3004, Arizona Revised Statutes, is renumbered as section 13- 3001 and, as so renumbered, is amended to read:

13-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Aural transfer" means a communication containing the human voice at any point between and including the point of origin and the point of reception.

2. "CHILD MONITORING DEVICE" MEANS A DEVICE THAT IS CAPABLE OF TRANSMITTING AN AUDIO OR AUDIOVISUAL SIGNAL AND THAT IS INSTALLED OR USED IN A RESIDENCE FOR CHILD SUPERVISION OR SAFETY MONITORING BY ANY PARENT, GUARDIAN OR OTHER RESPONSIBLE PERSON.

2. 3. "Communication service provider" means any person engaged in providing a service which THAT allows its users to send or receive ORAL, wire or electronic communications OR COMPUTER SERVICES.

3. 4. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature THAT IS transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system but THAT does not include any of the following:

(a) Any wire or oral communication.

(b) Any communication made through a tone-only paging device.

(c) Any communication from a tracking device.

4. 5. "Electronic communication system" means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications.

5. 6. "Electronic storage" means either of the following:

(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission.

(b) Any storage of the communication by an electronic communication service provider for purposes of backup protection of the communication.

6. 7. "Intercept" means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

7. 8. "Oral communication" means a spoken communication THAT IS uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such THE expectation, but does not include any electronic communication.

8. 9. "Pen register" means a device which THAT records or decodes electronic or other impulses which THAT identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached.

9. 10. "Person" means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer.

10. 11. "Readily accessible to the general public" means a radio communication that is not:

(a) Scrambled or encrypted.

(b) Transmitted using modulation techniques with essential parameters that have been withheld from the public to preserve the privacy of the communication.

(c) Carried on a subcarrier or other signal subsidiary to a radio transmission.

(d) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication.

(e) Transmitted on frequencies allocated under part 25, subpart D, E or F or part 74 or part 94 of the rules of the federal communications commission. If a communication transmitted on a frequency allocated under part 74 is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication system by radio.

11. 12. "Remote computing service" means providing to the public any computer storage or processing services by means of an electronic communication system.

12. 13. "Trap and trace device" means a device which THAT captures the incoming electronic or other impulses which THAT identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

13. 14. "Wire communication" means any aural transfer which THAT is made in whole or in part through the use of facilities for the transmission of communications by the aid of ANY wire, cable or other like connection between the point of origin and the point of reception, including the use of a connection in a switching station, and that is furnished or operated by any person engaged in providing or operating the facilities for the transmission of communications. Wire communication also includes any electronic storage of the communication.

Sec. 14. Section 13-3008, Arizona Revised Statutes, is amended to read:

13-3008. Possession of interception devices; classification

A. IT IS UNLAWFUL FOR a person who has TO HAVE in his possession or control any device, contrivance, machine or apparatus designed or primarily useful for THE interception of wire, electronic or oral communications as defined in section 13-3004, intending 13-3001 WITH THE INTENT to unlawfully use or employ or allow the same DEVICE, CONTRIVANCE, MACHINE OR APPARATUS to be so used or employed for THE interception, or having reason to know the same DEVICE, CONTRIVANCE, MACHINE OR APPARATUS is intended to be so used, is guilty of a class 6 felony.

B. All property possessed or controlled by any person in violation of this section is subject to seizure and forfeiture pursuant to chapter 39 of this title.

C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 6 FELONY.

Sec. 15. Section 13-3010, Arizona Revised Statutes, is amended to read:

13-3010. Ex parte order for interception; definition

A. An ex parte order for interception of wire, electronic or oral communications may be issued by any justice of the supreme court, judge of the court of appeals or judge of the superior court upon ON application of a county attorney, or the attorney general or such A prosecuting attorneys as they may designate in writing, along with the supporting oath or affirmation of the investigating peace officer of the state or of any political subdivision of the state, where ATTORNEY WHOM A COUNTY ATTORNEY OR THE ATTORNEY GENERAL DESIGNATES IN WRITING, ANY JUSTICE OF THE SUPREME COURT, JUDGE OF THE COURT OF APPEALS OR SUPERIOR COURT JUDGE MAY ISSUE AN EX PARTE ORDER FOR THE INTERCEPTION OF WIRE, ELECTRONIC OR ORAL COMMUNICATIONS IF there is probable cause to believe BOTH:

1. That A crime has been, is being or is about to be committed, and there is probable cause to believe.

2. That Evidence of such THAT crime or the location of a fugitive from justice from that crime may be obtained by THE interception.

B. An application under subsection A shall be made in writing and upon the oath or affirmation of the applicant. It shall include:

1. The name and title of the applicant.

2. A full and complete statement of the facts and circumstances relied upon by the applicant, including the supporting oath or affirmation of the investigating peace officer OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE to justify the officer's belief that an order should be issued, including. THE STATEMENT SHALL INCLUDE:

(a) Details as to the particular crime that has been, is being or is about to be committed.

(b) The identity of the person, if known, committing the offense and whose communications are to be intercepted.

(c) A particular description of the type of communications sought to be intercepted.

(d) A particular description of the nature, identification and location of the communication facility from which or the place where the communication is to be intercepted. If the identification or specific description of the communication facility from which or the place where the communication is to be intercepted is not practical, the affidavit in support of the application must state the reasons why such:

(i) Specification is impractical, and the reasons why.

(ii) Interception from any facility or at any place where the communication may occur is necessary.

3. A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

4. A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, THE STATEMENT SHALL INCLUDE a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter AFTER THE COMMUNICATION HAS BEEN FIRST OBTAINED.

5. A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application.

6. Where IF the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

C. Upon proper application, a judge may enter an ex parte order AUTHORIZING INTERCEPTION, as requested or with any appropriate modifications, authorizing interception if he THE JUDGE determines on the basis of the facts submitted by the applicant that:

1. There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime included within subsection A.

2. There is probable cause to believe that particular communications concerning that offense will be obtained through such THE interception.

3. Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.

4. There is probable cause to believe any of the following:

(a) Wire or electronic communications concerning the offense are being made or are about to be made by the person over the communication facilities for which interception authority is granted.

(b) Oral communications concerning the offense are being made or are about to be made by the person in the location for which interception authority is granted.

(c) Communications concerning the offense are being made or are about to be made by the person in different and changing locations, or from different and changing facilities.

D. Each order authorizing the interception of any wire, electronic or oral communication shall specify ALL OF THE FOLLOWING:

1. The identity of the person, if known, whose communications are to be intercepted.

2. The nature and location of the communication facilities as to which, or the place where, authority to intercept is granted. If authority is granted to intercept communications of a person wherever that person is located or from whatever communication facility is used, the order shall so state and shall include any limitations imposed by the authorizing judge as to location, time or manner of the interception. The order shall state that the interception shall not begin until the facilities from which or the place where the communication is to be intercepted is ascertained by the person implementing the interception order.

3. A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates.

4. The identity of the agency authorized to intercept the communications, and of the person authorizing the application.

5. The period of time during which such THE interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

6. That the authorization for interception be executed as soon as practicable, that it be conducted in such a way as to minimize THE interception of communications not otherwise subject to interception under this section and that it shall terminate upon attainment of the authorized objective or on the date specified, whichever comes first.

7. That entry may be made to service, install or remove interception devices or equipment, if such entry is necessary to effect the interception.

E. No AN order THAT IS entered under this section may NOT authorize the interception of any wire or oral communication for any period THAT IS longer than is necessary to achieve the objective of the authorization, in any event no longer than AND THAT EXCEEDS thirty days. This thirty day period begins on the earlier of the day on which the interception actually begins under the order or ten days after the order is signed. THE COURT MAY GRANT extensions of any order may be granted, but only upon IF AN application for an extension IS made in accordance with PURSUANT TO subsection A and the court making MAKES the findings required by subsection C. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than SHALL NOT EXCEED thirty days.

F. Any ex parte order for interception, together with the papers upon ON which the application was based, shall be delivered to and retained by the applicant during the duration of the interception as authority for the interception authorized therein IN THE ORDER. THE JUSTICE OR JUDGE ISSUING THE ORDER SHALL RETAIN a true copy of such THE order shall at all times be retained by the judge or justice issuing the order.

G. WITHIN TEN DAYS after the termination of the authorized interception, applications made and orders granted under this statute SECTION shall within ten days be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such THE applications and orders shall be disclosed only upon ON a showing of good cause before a judge of competent jurisdiction or as otherwise provided.

H. IF POSSIBLE, the contents of any communication THAT IS intercepted by any means authorized by this statute SECTION shall, if possible, be recorded on ANY tape, electronic, wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such a way as will protect the recording from editing or alterations. Within ten days after the termination of the authorized interception, such THE recordings shall be made available to the judge issuing such WHO ISSUED THE order and SHALL BE sealed under the judge's directions. Custody of the recordings shall be maintained pursuant to court order. The recordings shall BE KEPT FOR TEN YEARS AND SHALL not be destroyed except on an order of the issuing judge or other ANOTHER judge of competent jurisdiction and in any event shall be kept for ten years.

I. Within ninety days after an application under subsection A is denied, or the period of an order or extensions thereof ANY EXTENSION expires, the issuing or denying judge shall cause SERVE the persons named in the order or application, and such ANY other parties to THE intercepted communications as the judge may determine the interests of justice require, to be served with an inventory, including notice of all of the following:

1. The fact of the entry of the order or the application.

2. The date of the entry and the period of authorized interception, or the denial of the application.

3. The fact that during the period OF AUTHORIZED INTERCEPTION wire, electronic or oral communications were or were not intercepted. On motion, the judge may in the judge's discretion make available to such THE person or the person's counsel ATTORNEY for inspection such portions of the intercepted communications, applications and order as the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed.

J. ON REQUEST OF THE APPLICANT, any order authorizing interception shall, upon the request of the applicant, direct that the communication service provider, landlords, custodians or other persons furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such THESE persons are according the person whose communications are to be intercepted.

K. The order may require written reports to be made to the issuing judge at specified intervals showing the progress made toward achieving the authorized objective and the need for continued interception.

L. Any order authorizing THE interception of wire communications pursuant to this chapter is also deemed to authorize THE interception of any electronic communication which THAT may be made over the same equipment or by the same facility.

M. If the intercepted communication is in a code or foreign language and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such THE interception.

N. An interception under this chapter may be conducted in whole or in part by government personnel or by an individual operating under a contract with the government or acting under the supervision of a law enforcement officer WHO IS authorized to conduct the interception.

O. The applicant is responsible for providing to the administrative office of the United States courts all reports on applications for or interception INTERCEPTIONS of wire, electronic or oral communications THAT ARE required by federal statutes.

P. For the purposes of this section, "crime" means murder, gaming, kidnapping, robbery, bribery, extortion, theft, offenses defined in AN ACT IN VIOLATION OF chapter 23 of this title, dealing in narcotic drugs, marijuana or dangerous drugs, SEXUAL EXPLOITATION OF CHILDREN IN VIOLATION OF CHAPTER 35.1 OF THIS TITLE or any felony that is dangerous to life, limb or property or any. CRIME INCLUDES conspiracy to commit any of the offenses listed in this subsection.

Sec. 16. Section 13-3011, Arizona Revised Statutes, is amended to read:

13-3011. Disclosing confidential information relating to ex parte order; exceptions; classification

A. Except in any trial, hearing or other judicial proceeding, a person who SHALL NOT knowingly discloses DISCLOSE to any ANOTHER person, other than the communication service provider whose facilities are involved, or an employee or other authorized agent of the county attorney, attorney general, sheriff or police officer making application for an order permitting interception or installation of a pen register or trap and trace device, any information concerning EITHER:

1. The application for, OR the granting or denial of orders for THE interception or installation of a pen register or trap and trace device, or A REQUEST FOR THE PRESERVATION OF RECORDS OR EVIDENCE PURSUANT TO SECTION 13-3016 OR A SUBPOENA ISSUED PURSUANT TO SECTION 13-3018.

2. The identity of the person or persons whose communications are the subject of an ex parte order, SUBPOENA OR RECORDS PRESERVATION REQUEST granted pursuant to sections 13-3010, 13-3015, 13-3016, and 13-3017 shall be guilty of a class 1 misdemeanor AND 13-3018.

B. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO THE DISCLOSURE OF INFORMATION TO THE COMMUNICATION SERVICE PROVIDER WHOSE FACILITIES ARE INVOLVED OR TO AN EMPLOYEE OR OTHER AUTHORIZED AGENT OF THE COUNTY ATTORNEY, ATTORNEY GENERAL OR LAW ENFORCEMENT AGENCY THAT APPLIES FOR AN ORDER PERMITTING INTERCEPTION OR INSTALLATION OF A PEN REGISTER OR TRAP AND TRACE DEVICE OR WHO REQUESTS THE PRESERVATION OF RECORDS OR EVIDENCE PURSUANT TO SECTION 13-3016 OR A SUBPOENA ISSUED PURSUANT TO SECTION 13-3018.

B. C. Notwithstanding subsection A of this section, a peace officer or prosecuting attorney who, by any means authorized by sections 13-3010, 13-3015, 13-3016 and 13-3017, obtains knowledge of the contents of a wire, electronic or oral communication, AS AUTHORIZED BY SECTIONS 13-3010, 13-3015, 13-3016, 13-3017 AND 13-3018 or evidence derived from such THAT knowledge, may:

1. Disclose the contents of the communication to a peace officer or prosecuting attorney to the extent the disclosure is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney making or receiving the disclosure.

2. Use the contents of the communication to the extent THAT the use is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney.

D. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.

Sec. 17. Section 13-3012, Arizona Revised Statutes, is amended to read:

13-3012. Exemptions

The following are exempt from the provisions of this chapter:

1. THE interception of wire, electronic or oral communications, THE installation and operation of a pen register or trap and trace device, or THE providing of information, facilities or technical assistance to an investigative or law enforcement officer pursuant to a subpoena or an ex parte order granted pursuant to sections 13-3010, 13-3015, 13-3016, and 13-3017 AND 13-3018 or an emergency interception made in good faith pursuant to section 13-3015, including any of the foregoing acts by a communication service provider or its officers, agents or employees.

2. The normal use of services, equipment and facilities THAT ARE provided by a communication service provider pursuant to tariffs on file with the ARIZONA corporation commission of the state of Arizona or the federal communications commission and the normal functions of any operator of a switchboard.

3. Any officer, agent or employee of a communication service provider who performs acts THAT ARE otherwise prohibited by this article in providing, constructing, maintaining, repairing, operating or using the provider's services, equipment or facilities, protecting the provider's service, equipment and facilities from illegal use in violation of tariffs on file with the ARIZONA corporation commission of this state or the federal communications commission and protecting the provider from the commission of fraud against it.

4. Providing requested information or ANY other response to a subpoena or other order issued by a court of competent jurisdiction or on demand of ANY other lawful authority.

5. THE interception of wire or electronic communications or the use of a pen register or trap and trace device in any of the following instances BY A COMMUNICATION SERVICE PROVIDER IF THE INTERCEPTION OR USE EITHER:

(a) By a provider of a wire or electronic communication service relating RELATES to the operation, maintenance and testing of that service, relating to the protection of the rights or property of the provider or relating to the protection of users of that service from fraudulent, abusive or unlawful use of that service.

(b) By a provider of a wire or electronic communication service to record RECORDS the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication, or a user of that service from fraudulent, unlawful or abusive use of that service.

(c) If consent of the user or subscriber of that service has been obtained.

6. The interception of any radio communication that is transmitted:

(a) By any station for the use of the general public or if the transmission relates to ships, aircraft, vehicles or persons in distress.

(b) By any government, law enforcement, civil defense, private land mobile or public safety communication system, including police and fire systems, AND that are IS readily accessible to the general public.

(c) By any station that operates on an authorized frequency within the bands that are allocated to the amateur, citizens band or general mobile radio services.

(d) By any marine or aeronautical communications system.

(e) Through a system using frequencies that are monitored by persons who are engaged in the provision or the use of the system or by other persons using the same frequency if the communication is not scrambled or encrypted.

7. THE interception of wire or electronic communication if the transmission is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference.

8. The use of a pen register or trap and trace device by a provider or subscriber of a wire or electronic communication service PROVIDER for billing or recording as an incident to billing for communication services, or for cost accounting or other like purposes in the ordinary course of business.

9. The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person WHO IS present during the communication, OR THE INSTALLATION OF A PEN REGISTER OR TRAP AND TRACE DEVICE WITH THE CONSENT OF A USER OR SUBSCRIBER TO THE SERVICE.

10. Divulging the contents of a wire or electronic communication to a law enforcement agency by a remote computing service or communication service provider, officer or employee if such THE contents were lawfully or inadvertently obtained by the service provider and appear to pertain to the commission of a crime.

11. The interception or access of AN electronic communication THAT IS made through an electronic communication system AND that is configured so that the electronic communication is readily accessible to the general public.

12. The interception of radio communication that is transmitted:

(a) By a station for the use of the general public or ships, aircraft, vehicles or persons in distress.

(b) By a governmental, law enforcement, civil defense, private land, mobile or public safety communications system, including police and fire.

(c) By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band or general mobile radio services.

(d) By a marine or aeronautical communications system.

13. The interception of a wire or electronic communication the transmission of which is causing harmful interference to a lawfully operating station or consumer electronic equipment to identify the source of this interference.

14. 12. For other users of the same frequency to intercept a radio communication THAT IS made through a system that uses frequencies monitored by individuals who provide or use the system, if the communication is not scrambled or encrypted.

13. THE INTERCEPTION OF ORAL COMMUNICATIONS BY MEANS OF A CHILD MONITORING DEVICE.

Sec. 18. Section 13-3013, Arizona Revised Statutes, is amended to read:

13-3013. Defenses

THE FOLLOWING CONSTITUTE A COMPLETE DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT UNDER THIS CHAPTER OR UNDER ANY OTHER LAW:

1. A good faith reliance on an ex parte order or subpoena THAT IS issued pursuant to section 13-3010, 13-3015, 13-3016, or 13-3017 OR 13- 3018, or.

2. Providing information pursuant to section 13-3012, or.

3. Providing assistance, information or facilities for an emergency interception pursuant to section 13-3015, or.

4. Disclosing stored electronic communications or creating and delivering a backup copy PRESERVING RECORDS, CONTENT OR EVIDENCE pursuant to section 13-3016, or.

5. Providing equipment, information or assistance to render stored electronic communications or a backup copy in a usable form pursuant to section 13-3016, shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.

Sec. 19. Section 13-3016, Arizona Revised Statutes, is amended to read:

13-3016. Stored oral, wire and electronic communications; agency access; backup preservation; delayed notice; records preservation request; violation; classification

A. The provisions of This section apply APPLIES to ORAL, WIRE AND electronic communications THAT ARE entrusted to a communication service provider or remote computing service solely for the purpose of transmission, storage or processing. ORAL, WIRE AND electronic communications THAT ARE in the possession of a person who is entitled to access the contents of such communications for any purpose other than transmission, storage or processing are ordinary business records, and THAT may be obtained by subpoena or court order.

B. An agency OR POLITICAL SUBDIVISION of this state or its political subdivisions may require the disclosure by a COMMUNICATION SERVICE provider of electronic communication services OR REMOTE COMPUTING SERVICE of the contents of an ORAL, WIRE OR electronic communication that has been in electronic storage for one hundred eighty days or less only by obtaining a search warrant pursuant to chapter 38 of this title. IN ONE OF THE FOLLOWING WAYS:

1. WITHOUT PRIOR NOTICE TO THE SUBSCRIBER OR PARTY, BY OBTAINING A SEARCH WARRANT ISSUED PURSUANT TO CHAPTER 38, ARTICLE 8 OF THIS TITLE.

2 WITH PRIOR NOTICE TO THE SUBSCRIBER OR PARTY, BY SERVING A SUBPOENA, EXCEPT THAT NOTICE MAY BE DELAYED PURSUANT TO SUBSECTION D OF THIS SECTION.

3. WITH PRIOR NOTICE TO THE SUBSCRIBER OR PARTY, BY OBTAINING A COURT ORDER ON AN APPLICATION AND CERTIFICATION THAT CONTAINS SPECIFIC AND ARTICULABLE FACTS SHOWING THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE COMMUNICATION CONTENT SOUGHT IS RELEVANT TO AN ONGOING CRIMINAL INVESTIGATION, EXCEPT THAT NOTICE MAY BE DELAYED PURSUANT TO SUBSECTION D OF THIS SECTION.

C. An agency OR POLITICAL SUBDIVISION of this state or its political subdivisions may require the disclosure by a COMMUNICATION SERVICE provider of electronic communication services OR REMOTE COMPUTING SERVICE of the contents of an ORAL, WIRE OR electronic communication that has been in electronic storage for more than one hundred eighty days IN ONE OF THE FOLLOWING WAYS:

1. Without notice to the subscriber or customer PARTY, by obtaining a search warrant issued pursuant to chapter 38, ARTICLE 8 of this title.

2. With prior notice to the subscriber or customer PARTY, by SERVING A subpoena, except that such notice may be delayed pursuant to subsection E D OF THIS SECTION.

3. With prior notice to the subscriber or customer if the agency obtains PARTY, BY OBTAINING a court order on AN application and certification to the court that the information likely to be obtained is relevant to a legitimate law enforcement inquiry THAT CONTAINS SPECIFIC AND ARTICULABLE FACTS SHOWING THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE COMMUNICATION CONTENT SOUGHT IS RELEVANT TO AN ONGOING CRIMINAL INVESTIGATION, except that such notice may be delayed pursuant to subsection E D OF THIS SECTION.

D. An agency of this state or its political subdivisions may require a provider of remote computing services to disclose the contents of any electronic communication that is held or maintained on that service on behalf of a subscriber or customer of the remote computing service solely for the purpose of providing storage or computer processing services to the subscriber or customer:

1. Without notice to the subscriber or customer, by obtaining a search warrant issued pursuant to chapter 38 of this title.

2. With prior notice to the subscriber or customer, by subpoena, except that such notice may be delayed pursuant to subsection E.

3. With prior notice to the subscriber or customer if the agency obtains a court order on application and certification to the court that the information likely to be obtained is relevent to a legitimate law enforcement inquiry, except that such notice may be delayed pursuant to subsection E.

E. An agency acting pursuant to this section may include in its subpoena or court order a requirement that the service provider to whom the request is directed create a backup copy of the contents of the electronic communications sought in order to preserve those communications:

1. Without notifying the subscriber or customer, the provider shall:

(a) Create the backup copy as soon as practicable but in no event no later than two business days after receipt of the subpoena or order.

(b) Confirm to the requesting agency that the backup copy has been made.

(c) Promptly deliver the backup copy to the court issuing the subpoena or order.

2. The court shall seal and retain the backup copy or make such other provision as it deems necessary to ensure that the backup copy is preserved until resolution of any proceedings pursuant to this section.

3. Within three days after receipt of confirmation, the agency shall notify the subscriber or customer of the creation of the backup copy, except that notice may be delayed pursuant to this subsection.

4. Within fourteen days after notice by the agency, the subscriber or customer may challenge the agency's request by filing an application to quash the subpoena or vacate the court order and serving the requesting agency.

5. If after response by the agency and such further proceedings as the court may deem necessary, the court finds that the applicant is not the subscriber or customer for whom the communications sought by the agency are maintained by the provider, or that there is reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry, the court shall deny the application and deliver the backup copy to the requesting agency. If the court finds that the applicant is the subscriber or customer for whom the communications sought by the agency are maintained, and that there is no reason to believe the communications sought are relevant to a legitimate law enforcment inquiry, the court shall grant the application and order the backup copy to be destroyed.

6. The court shall release the backup copy to the requesting agency no sooner than fourteen days after the agency's notice to the subscriber or customer if the subscriber or customer has not filed a challenge to the subpoena or court order.

7. The court shall not destroy the backup copy until the information requested is delivered or until the resolution of any proceedings arising from a challenge to the subpoena or order.

F. D. EXCEPT AS PROVIDED IN SUBSECTION E OF THIS SECTION, THE notice to the subscriber or customer PARTY THAT IS required by this section may be delayed for a period of not to exceed ninety days under any of the following circumstances:

1. If the applicant for a search warrant or court order pursuant to this section requests a delay of notification and the court finds that such delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.

2. If the investigator or prosecuting attorney proceeding by subpoena executes a written certification that there is reason to believe that notice to the subscriber or customer PARTY may result in danger to the safety of any person, flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation. The agency shall retain a true copy of the certification WITH THE SUBPOENA.

3. E. If further delay of notification is necessary, extensions of up to ninety days each may be obtained by application to the court or certification pursuant to paragraphs 1 and 2 of this subsection D OF THIS SECTION.

4. F. Any agency acting pursuant to this section may apply for a court order directing the communication or computing service provider OR REMOTE COMPUTING SERVICE not to notify any other person of the existence of the subpoena, court order or warrant for such period as the court deems appropriate. The court shall grant the application if it finds that there is reason to believe that notice may cause an adverse result described in paragraphs 1 and 2 of this subsection D OF THIS SECTION. A person who violates an order issued pursuant to this subsection is guilty of a class 1 misdemeanor.

5. G. On the expiration of any period of delay under this section, the agency shall deliver to the subscriber or customer PARTY a copy of the process used and notice including:

(a) 1. That information was requested from the service provider.

(b) 2. The date on which the information was requested.

(c) 3. That notification to the subscriber or customer PARTY was delayed.

(d) 4. The identity of the court or agency ordering or certifying the delay.

(e) 5. The provision of this section by which delay was obtained.

(f) 6. That any challenge to the subpoena or order must be filed within fourteen days.

H. ON THE REQUEST OF AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, A COMMUNICATION SERVICE PROVIDER OR REMOTE COMPUTING SERVICE SHALL TAKE ALL NECESSARY STEPS TO PRESERVE RECORDS, COMMUNICATION CONTENT AND OTHER EVIDENCE IN ITS POSSESSION PENDING THE ISSUANCE OF A COURT ORDER OR OTHER PROCESS. THE COMMUNICATION SERVICE PROVIDER OR REMOTE COMPUTING SERVICE SHALL RETAIN THE PRESERVED RECORDS, COMMUNICATION CONTENT AND OTHER EVIDENCE FOR NINETY DAYS. ON THE RENEWED REQUEST OF AN AGENCY OR POLITICAL SUBDIVISION, THE PRESERVATION PERIOD MAY BE EXTENDED FOR AN ADDITIONAL NINETY DAYS. EXCEPT AS PROVIDED IN SECTION 13-3011, A PERSON SHALL NOT NOTIFY THE SUBSCRIBER OR PARTY DURING THE PERIOD OF THE PRESERVATION REQUEST.

Sec. 20. Renumber

Section 13-3018, Arizona Revised Statutes, is renumbered as section 13-3019.

Sec. 21. Title 13, chapter 30, Arizona Revised Statutes, is amended by adding a new section 13-3018, to read:

13-3018. Communication service records; subpoenas; application; certification; definition

A. THIS SECTION APPLIES TO ALL COMMUNICATION SERVICE PROVIDERS THAT DO BUSINESS IN THIS STATE OR THAT FURNISH COMMUNICATION SERVICES TO PERSONS WITHIN THIS STATE.

B. THE COUNTY ATTORNEY OR ATTORNEY GENERAL OR A DESIGNEE OF THE COUNTY ATTORNEY OR ATTORNEY GENERAL MAY ISSUE A SUBPOENA DUCES TECUM TO A COMMUNICATION SERVICE PROVIDER IN ORDER TO OBTAIN COMMUNICATION SERVICE RECORDS IN CONNECTION WITH A CRIMINAL INVESTIGATION OR PROSECUTION. THIS SUBSECTION DOES NOT PREVENT THE COUNTY ATTORNEY OR ATTORNEY GENERAL OR A DESIGNEE OF THE COUNTY ATTORNEY OR ATTORNEY GENERAL FROM OBTAINING A GRAND JURY SUBPOENA DUCES TECUM.

C. THE COUNTY ATTORNEY, ATTORNEY GENERAL OR DESIGNEE OF THE COUNTY ATTORNEY OR ATTORNEY GENERAL WHO ISSUES A SUBPOENA PURSUANT TO THIS SECTION SHALL CERTIFY IN THE BODY OF THE SUBPOENA THAT THE INFORMATION LIKELY TO BE OBTAINED IS RELEVANT TO AN ONGOING CRIMINAL INVESTIGATION.

D. AN AUTHORIZED REPRESENTATIVE OF A COMMUNICATION SERVICE PROVIDER MAY CERTIFY COMMUNICATION SERVICE RECORDS THAT ARE OBTAINED BY SUBPOENA IF ALL OF THE FOLLOWING APPLY:

1. THE RECORDS ARE THE REGULAR COMMUNICATION SERVICE RECORDS THAT ARE USED AND KEPT BY THE COMMUNICATION SERVICE PROVIDER.

2. THE RECORDS ARE MADE AT OR NEAR THE TIME THE UNDERLYING COMMUNICATIONS OCCUR IN THE ORDINARY COURSE OF BUSINESS.

3. THE AUTHORIZED REPRESENTATIVE CERTIFIES THAT THE RECORD PRODUCED IN RESPONSE TO THE SUBPOENA IS AN ACCURATE COPY OF THE COMMUNICATION SERVICE PROVIDER RECORDS.

E. CERTIFIED COMMUNICATION SERVICE RECORDS THAT ARE OBTAINED BY SUBPOENA MAY BE INTRODUCED IN EVIDENCE AT A HEARING OR TRIAL AND CONSTITUTE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED IN THE RECORDS.

F. IF A CERTIFICATION OF COMMUNICATION SERVICE PROVIDER RECORDS IS ACKNOWLEDGED BY ANY NOTARY OR OTHER OFFICER WHO IS AUTHORIZED BY LAW TO TAKE ACKNOWLEDGMENTS, THE CERTIFICATION SHALL BE RECEIVED IN EVIDENCE WITHOUT FURTHER PROOF OF ITS AUTHENTICITY.

G. FOR THE PURPOSES OF THIS SECTION, "COMMUNICATION SERVICE RECORDS" INCLUDES SUBSCRIBER INFORMATION, INCLUDING NAME, BILLING OR INSTALLATION ADDRESS, LENGTH OF SERVICE, PAYMENT METHOD, TELEPHONE NUMBER, ELECTRONIC ACCOUNT IDENTIFICATION AND ASSOCIATED SCREEN NAMES, TOLL BILLS OR ACCESS LOGS, RECORDS OF THE PATH OF AN ELECTRONIC COMMUNICATION BETWEEN THE POINT OF ORIGIN AND THE POINT OF DELIVERY AND THE NATURE OF THE COMMUNICATION SERVICE PROVIDED, SUCH AS CALLER IDENTIFICATION, AUTOMATIC NUMBER IDENTIFICATION, VOICE MAIL, ELECTRONIC MAIL, PAGING OR OTHER SERVICE FEATURES. COMMUNICATION SERVICE RECORDS DO NOT INCLUDE THE CONTENT OF ANY STORED ORAL, WIRE OR ELECTRONIC COMMUNICATION.

Sec. 22. Section 13-3417, Arizona Revised Statutes, is amended to read:

13-3417. Use of wire communication or electronic communication in drug related transactions; classification

A. It is unlawful for a person to use any wire communication or electronic communication as defined in section 13-3004 13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title.

B. Any offense committed by use of a wire communication or electronic communication as set forth in this section is deemed to have been committed at the place where the transmission or transmissions originated or at the place where the transmission or transmissions were received.

C. A person who violates this section is guilty of a class 4 felony except if the felony facilitated carries a class 5 or 6 designation in which case a violation of this section shall carry the same classification as the felony facilitated.

Sec. 23. Section 13-3506, Arizona Revised Statutes, is amended to read:

13-3506. Obscene or harmful items; minors; classification

A. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly TRANSMIT, furnish, present, provide, make available, give, lend, show, advertise, OFFER or distribute to minors any item which THAT is harmful to minors.

B. IN AN ACTION FOR A VIOLATION OF THIS SECTION, PROOF OF ANY OF THE FOLLOWING MAY GIVE RISE TO AN INFERENCE THAT THE PERSON KNEW OR SHOULD HAVE KNOWN THAT THE RECIPIENT OF AN ADVERTISEMENT OR OFFER WAS A MINOR:

1. THE NAME, ACCOUNT, PROFILE, WEB PAGE OR ADDRESS OF THE RECIPIENT CONTAINED INDICIA THAT THE RECIPIENT IS A MINOR.

2. THE RECIPIENT OR ANOTHER PERSON PREVIOUSLY NOTIFIED THE PERSON BY ANY REASONABLE MEANS THAT THE RECIPIENT IS A MINOR.

3. THE RECIPIENT'S ELECTRONIC MAIL OR WEB PAGE CONTAINS INDICIA THAT THE ADDRESS OR DOMAIN NAME IS THE PROPERTY OF, OR THAT THE VISUAL DEPICTION ULTIMATELY WILL BE STORED AT, A SCHOOL AS DEFINED IN SECTION 13-609.

B. C. A violation of any provision of this section is a class 4 felony.

Sec. 24. Repeal

Section 13-3508, Arizona Revised Statutes, is repealed.

Sec. 25. Section 13-3551, Arizona Revised Statutes, is amended to read:

13-3551. Definitions

In this chapter, unless the context otherwise requires:

1. "COMMUNICATION SERVICE PROVIDER" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3004.

2. "COMPUTER" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-2301, SUBSECTION E.

3. "COMPUTER SYSTEM" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-2301, SUBSECTION E.

1. 4. "Exploitive exhibition" means the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.

5. "NETWORK" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-2301, SUBSECTION E.

2. 6. "Producing" means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.

7. "REMOTE COMPUTING SERVICE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3004.

3. 8. "Sexual conduct" means actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.

(b) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

(c) Sexual bestiality.

(d) Masturbation, for the purpose of sexual stimulation of the viewer.

(e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(f) Defecation or urination for the purpose of sexual stimulation of the viewer.

4. 9. "Simulated" means any depicting of the genitals or rectal areas which THAT gives the appearance of sexual conduct or incipient sexual conduct.

5. 10. "Visual depiction" includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image.

Sec. 26. Section 13-3553, Arizona Revised Statutes, is amended to read:

13-3553. Sexual exploitation of a minor; evidence; exemption; classification

A. A person commits sexual exploitation of a minor by knowingly:

1. Recording, filming, photographing, developing or duplicating any visual depiction in which minors are engaged in exploitive exhibition or other sexual conduct.

2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which minors are engaged in exploitive exhibition or other sexual conduct.

B. IF ANY VISUAL DEPICTION OF SEXUAL EXPLOITATION OF A MINOR IS ADMITTED INTO EVIDENCE, THE COURT SHALL SEAL THAT EVIDENCE AT THE CONCLUSION OF ANY GRAND JURY PROCEEDING, HEARING OR TRIAL.

C. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO PEACE OFFICERS AND PROSECUTORS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

B. D. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-604.01.

Sec. 27. Renumber

Sections 13-3554, 13-3555 and 13-3556, Arizona Revised Statutes, are renumbered as sections 13-3555, 13-3556 and 13-3558, respectively.

Sec. 28. Title 13, chapter 35.1, Arizona Revised Statutes, is amended by adding a new section 13-3554, to read:

13-3554. Luring a minor for sexual exploitation; classification

A. A PERSON COMMITS LURING A MINOR FOR SEXUAL EXPLOITATION BY BOTH:

1. OFFERING OR SOLICITING SEXUAL CONDUCT WITH ANOTHER PERSON KNOWING OR HAVING REASON TO KNOW THAT THE OTHER PERSON IS A MINOR.

2. COMMITTING AN OVERT ACT IN FURTHERANCE OF THE SEXUAL CONDUCT WITH A MINOR.

B. IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION THAT THE OTHER PERSON WAS A PEACE OFFICER MASQUERADING AS A MINOR.

C. LURING A MINOR FOR SEXUAL EXPLOITATION IS A CLASS 3 FELONY, AND IF THE MINOR IS UNDER FIFTEEN YEARS OF AGE IT IS PUNISHABLE PURSUANT TO SECTION 13-604.01.

Sec. 29. Title 13, chapter 35.1, Arizona Revised Statutes, is amended by adding sections 13-3557 and 13-3559, to read:

13-3557. Equipment; forfeiture

ON THE CONVICTION OF A PERSON FOR A VIOLATION OF SECTION 13-3552, 13-3553 OR 13-3554, THE COURT SHALL ORDER THAT ANY PHOTOGRAPHIC EQUIPMENT, COMPUTER SYSTEM OR INSTRUMENT OF COMMUNICATION THAT IS OWNED OR USED EXCLUSIVELY BY THE PERSON AND THAT WAS USED IN THE COMMISSION OF THE OFFENSE BE FORFEITED AND SOLD, DESTROYED OR OTHERWISE PROPERLY DISPOSED.

13-3559. Reporting suspected visual depictions of sexual exploitation of a minor; immunity

A. ANY COMMUNICATION SERVICE PROVIDER, REMOTE COMPUTING SERVICE, SYSTEM ADMINISTRATOR, COMPUTER REPAIR TECHNICIAN OR OTHER PERSON WHO DISCOVERS SUSPECTED VISUAL DEPICTIONS OF SEXUAL EXPLOITATION OF A MINOR ON A COMPUTER, COMPUTER SYSTEM OR NETWORK OR IN ANY OTHER STORAGE MEDIUM MAY REPORT THAT DISCOVERY TO A LAW ENFORCEMENT OFFICER.

B. A PERSON WHO IN GOOD FAITH REPORTS THE DISCOVERY OF SUSPECTED VISUAL DEPICTIONS OF SEXUAL EXPLOITATION OF A MINOR IS IMMUNE FROM CIVIL LIABILITY.

Sec. 30. Section 13-3707, Arizona Revised Statutes, is amended to read:

13-3707. Telecommunication fraud; classification; definitions

A. A person commits telecommunication fraud if the person does any of the following:

1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:

(a) Charging or attempting to charge such THE TELECOMMUNICATION service EITHER:

(i) To an existing ELECTRONIC MAIL ADDRESS, telephone number or credit card number without the authority of the person to whom issued or the subscriber thereto TO or the lawful holder thereof, or OF THE ADDRESS OR NUMBER.

(ii) To a nonexistent, counterfeit, revoked or canceled credit card number, or by.

(b) Any method of code calling, or by.

(c) Installing, rearranging, or tampering with any facility or equipment, or by.

(d) The use of any other fraudulent means, method, trick or device.

2. WITH THE INTENT THAT THE SAME BE USED OR EMPLOYED TO EVADE A LAWFUL CHARGE FOR ANY TELECOMMUNICATION SERVICE, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent ELECTRONIC MAIL ADDRESS, telephone number or credit card number or THE method of numbering or coding which THAT is employed in the issuance of telephone numbers, account identification codes or credit card numbers with intent that the same be used or employed to evade a lawful charge for any telecommunication service.

3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any SOFTWARE, instrument, apparatus, equipment or device, or any part thereof OF ANY SOFTWARE, INSTRUMENT, APPARATUS, EQUIPMENT OR DEVICE, THAT IS designed, OR adapted or which THAT can be used EITHER:

(a) To obtain telecommunication service by fraud in violation of THIS subsection A of this section; or.

(b) To conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication in order to obtain telecommunication service by fraud in violation of THIS subsection A of this section.

4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:

(a) SOFTWARE, instrument, apparatus, equipment or device described in paragraph 3 of this subsection, or.

(b) Plans, specifications or instructions for making or assembling the same ANY SOFTWARE, INSTRUMENT, APPARATUS, EQUIPMENT OR DEVICE with the intent to use or employ such SOFTWARE, instrument, apparatus, equipment or device, or any part thereof, OF ANY SOFTWARE, INSTRUMENT, APPARATUS, EQUIPMENT OR DEVICE or to allow the same ANY SOFTWARE, INSTRUMENT, APPARATUS, EQUIPMENT OR DEVICE to be used or employed, for a purpose described in paragraph 3 of this subsection, or that the.

(c) Plans, specifications or instructions are intended to WITH THE INTENT THAT THE PLANS, SPECIFICATIONS OR INSTRUCTIONS be used for making or assembling such SOFTWARE, instrument, apparatus, equipment or device, or any part thereof OF ANY SOFTWARE, INSTRUMENT, APPARATUS, EQUIPMENT OR DEVICE.

B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any SOFTWARE, instrument, apparatus, equipment or device by either of the following:

1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.

2. Employees or agents of communication service providers as defined in section 13-3004 13-3001 who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.

C. THIS SECTION APPLIES WHEN THE TELECOMMUNICATION SERVICE ORIGINATES OR TERMINATES OR BOTH ORIGINATES AND TERMINATES IN THIS STATE.

C. D. Telecommunications TELECOMMUNICATION fraud is a class 3 felony.

D. E. As used in this section:

1. "Telecommunication services" includes telephone and telegraph services and all other services involving the transmission of information by wire, radio, cellular, wireless transmission or similar means. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state.

2. 1. "Credit card number" means the card number appearing on a credit card, or telephone calling card which OR ACCESS DEVICE AS DEFINED IN SECTION 13-2001 THAT is an identification card or plate issued to a person by any supplier of telecommunication service and which THAT permits the person to whom the card OR ACCESS DEVICE has been issued to obtain telecommunication service.

2. "TELECOMMUNICATION SERVICE" INCLUDES ELECTRONIC COMMUNICATION SERVICES, SUBSCRIPTION COMPUTER SERVICES, TELEPHONE AND TELEGRAPH SERVICES AND ALL OTHER SERVICES THAT INVOLVE THE TRANSMISSION OF INFORMATION BY WIRE, RADIO, CELLULAR, WIRELESS TRANSMISSION OR SIMILAR MEANS.

Sec. 31. Section 13-4801, Arizona Revised Statutes, is amended to read:

13-4801. Definitions

In this chapter, unless the context otherwise requires:

1. "Acquire" means to electronically capture, record, reveal or otherwise access by means of any instrument, device or equipment a cellular or wireless telephone's electronic serial number or mobile identification number without the consent of the communication service provider.

2. "Cellular telephone" means a communication device that contains an electronic serial number and the operation of which depends on the transmission of that electronic serial number together with the mobile identification number in the form of radio signals through cell sites and mobile switching stations.

3. "Cloned cellular or wireless telephone" means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered.

4. "Cloning paraphernalia" means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers, cellular telephones and mobile identification numbers, wireless telephones, cables, chips, burners, software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations.

5. "Communication service provider" has the same meaning prescribed in section 13-3004 13-3001.

6. "Electronic serial number" means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone.

7. "Mobile identification number" means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone.

8. "Wireless telephone" means a communication device that transmits radio, satellite or other mobile telephone communication.

Sec. 32. Section 21-422, Arizona Revised Statutes, is amended to read:

21-422. Powers and duties

A. The law applicable to county grand juries, including their powers, duties and functions, shall apply APPLIES to the state grand juries except insofar as it is in conflict with this article. The Arizona supreme court shall promulgate ADOPT rules and regulations to govern the procedures of state grand juries.

B. The state grand jury shall investigate and return indictments for only those offenses or violations of law ARISING OUT OF OR IN CONNECTION WITH:

1. Arising out of or in connection with The determination or collection of state taxes, the registration or failure to register securities, the offer or sale of securities, the offer or sale of interests in land, the formation or operation of banks, insurance companies, pension funds, labor unions, professional sports enterprises, corporate enterprises, or business enterprises, the making or collecting of loans, events leading to receivership or declaration of bankruptcy by a business enterprise, the sale or purchase of goods or services by or for the state or political subdivisions, bribery, obstruction of justice, hindering prosecution or any form of intentional, knowing or corrupt misconduct involving any person compensated by public funds. ; or

2. Arising out of or in connection with Any fraud, theft or possession, receipt, sale or transportation of stolen property or other contraband, or gambling or prostitution or narcotics, which occurs in more than one county or which occurs in one county and affects the residents of another county or which may be prosecuted by more than one county attorney. ; or

3. Arising out of or in connection with Perjury, false swearing, unsworn falsification, or any violation of title 13, chapter 28 in connection with any state grand jury proceeding, committed by any person testifying before it or in any trial or other proceeding involving any indictment returned by a state grand jury. ; or

4. Arising out of or in connection with Any perjury by subornation or attempted perjury by subornation relating to testimony before it or in any trial or other proceeding involving any indictment returned by a state grand jury. ; or

5. Arising out of or in connection with Any violation of title 13, chapter 23, TITLE 13, CHAPTER 35.1 IF COMMITTED USING A COMPUTER OR NETWORK AS DEFINED IN SECTION 13-2301 or section 38-421 or 39-161.

C. If a state grand jury, pursuant to an investigation under subsection B of this section, learns of an offense for which it lacks jurisdiction to indict, the grand jury shall direct the attorney general to inform the appropriate prosecutorial authority.

D. Nothing in this article shall be construed to limit the jurisdiction of the county grand juries or county attorneys, nor shall an investigation by a state grand jury be deemed preemptive of a previously instituted investigation by another grand jury or agency having jurisdiction under the same subject matter unless good cause is shown.

Sec. 33. Section 31-281, Arizona Revised Statutes, is amended to read:

31-281. Deoxyribonucleic acid identification; sexual offenses

A. A person WHO IS convicted of or adjudicated delinquent for a sexual offense or attempt to commit a sexual offense as provided in section 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1412, 13-1417 or 13-3608 or WHO IS convicted of or adjudicated delinquent for a violation of section 13-3821, 13-3822, or 13-3824, 13-3552, 13-3553 OR 13-3554 and any person who is accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state shall submit to deoxyribonucleic acid testing for law enforcement identification purposes. THE DEPARTMENT OF PUBLIC SAFETY SHALL MAINTAIN reports of the tests shall be maintained by the department of public safety.

B. A person who is tested pursuant to subsection A of this section and who has sufficient financial ability shall pay for the costs of the testing. The cost to the person shall not exceed five hundred dollars. All monies received pursuant to this subsection shall be transmitted to the state treasurer for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41-2419.

C. IF A JUVENILE IS ADJUDICATED DELINQUENT AND IS TESTED PURSUANT TO SUBSECTION A OF THIS SECTION, THE results of any tests secured pursuant to this section from a person adjudicated delinquent THE TEST may be used for any law enforcement identification purpose, including adult prosecutions.

Sec. 34. Section 44-405, Arizona Revised Statutes, is amended to read:

44-405. Preservation of secrecy; definition

A. In an action under this chapter OR SECTION 13-1802 OR 13-2316.02 a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include.

B. FOR THE PURPOSES OF THIS SECTION, "REASONABLE MEANS" INCLUDES granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action or ordering a person involved in the litigation not to disclose an alleged trade secret without prior court approval.