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FILED Date AMENDMENT NO., Time Clerk. Comm, Amat. ‘Signature of Sponsor AMEND Senate Bill No. 213* House Bill No. 457 by deleting from subsection (a) of Secticn 39-14-149 of the amendatory language of SECTION 1 the language “person knowingly to” and by substituting instead the language "person knowingly and with the intent to defraud a communication service provider to”. AND FURTHER AMEND by deleting from item (a)(1)(A) of Section 39-14-149 of the amendatory language of SECTION 1 the language “service provider; or” and by substituting instead the language "service provider as stated in a contract or otherwise; or”. AND FURTHER AMEND by deleting from iter (a)(1)(B) of Section 39-14-1489 of the ‘amendatory language of SECTION 1 the language “destination of any communication’ and by substituting instead the language “destination of any communication, provided that such concealment is for the purpose of committing a violation of subdivision (A) of this subsection”. AND FURTHER AMEND by deleting from subdivision (¢)(1) of Section 39-74-149 of the amendatory language of SECTION 1 the language “fiber optic, telephone, satellite, microwave” and by substituting instead the language “fiber optic, telephone, electric power lines, satellite, microwave". AND FURTHER AMEND by deleting from subdivision (c)(2) of Section 39-14-149 of the amendatory language of SECTION 1 the language “and any service lawfully provided by any radio, telephone, photo-optical electromagnetic, photoelectric, fiber optic, cable television” and by substituting instead the language “and any service lawfully provided for a charge or compensation by any radio, telephone, photo“optical electromagnetic, photoelectronic, electric power, fiber optic, cable television”, ( mn 91805231 -1- 10625448" lan AMENDMENT NO, Time ‘Signature of Sponsor AMEND Senate Bill No. 213" House Bill No. 457 AND FURTHER AMEND by deleting from subdivision (c)(4) of Section 39-14-149 of the amendatory language of SECTION 1 the language “technology or software so that it is capable of defeating or circumventing any technology" and by substituting instead the language “technology or software for the purpose of defeating or circumventing any effective technology’. AND FURTHER AMEND by inserting the following new subdivision (c)(6) to Section 39- 14-149 of the amendatory language of SECTION 1 of the printed bill and by renumbering subsequent subdivisions accordingly: (6) "Multipurpose device” means dny communication device that is capable of more than ‘one (1) function, and includes any component thereof. AND FURTHER AMEND by deleting from subdivision (c)(7) of Section 39-14-149 of the ‘amendatory language of SECTION 1 of the printed bill the language “any technology, device or software" and by substituting instead the lariguage “any effective technology, device or software”. AND FURTHER AMEND by deleting subsection (d) of Section 39-14-149 of the amendatory language of SECTION 1 and by substituting instead the following: (@) This section shall not be cofstnied to impose any civil or criminal liability upon any: (1) State or local law enforcement agency: (2) State or local government agency, municipality, or authority; (3) Comiriunication service provider, unless such entity is acting knowingly and with the intent to defraud a communications service WWMM (i te 91805231 -2- tal FILED Date AMENDMENT NO.. Time: Clerk ‘Comm, Amat, ‘Signature of Sponsor AMEND Senate Bill No. 213° House Bill No. 457 provider as defined in this section. The statutory reference in subsection (f) of this section shall not apply to establish intent to defraud for purposes of this subdivision; or (4) Any financial institution subject to the provisions of Title V of the Gramm-Leach-Billey Act of 1999 (Public Law 108-102), or the U.S.A Patriot Act (PL 107-58), lawfully acting in that capacity. AND FURTHER AMEND by deleting from item (c)(3)(A) of Section 39-14-149 of the amendatory language of SECTION 1 of the printed bill the language “providing a communication service” and by substituting instead the language “providing a lawful communication service”. AND FURTHER AMEND by deleting from item (c)(3)(C) of Section 39-14-149 of the amendatory language of SECTION 1 of the printed bill the language “providing any ‘communication service” and by substituting instead the language “providing any lawful communication servics AND FURTHER AMEND by adding the following new, appropriately designated ‘subsections to Section 39-14-149 of the amendatory language of SECTION 1 (h) A person that manufactures, produces, assembles, designs, sells, distributes, licenses or develops a multipurpose device shall not be in violation of this section unless that person acts knowingly and with an intent to defraud a communication service provider and the muitipurpose device: WONG OM 91805231 -3- "90625448" {aa