Amendment AA2-AB191

LRBa0797/1

CMH:sac:jm

2013 - 2014 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 191

September 11, 2013 - Offered by Representative Goyke.

AB191-AA2,1,1 At the locations indicated, amend the bill as follows:

AB191-AA2,1,2 1. Page 2, line 1: before that line insert:

AB191-AA2,1,3 " Section 1i. 943.45 (1) (intro.) of the statutes is amended to read:

AB191-AA2,1,9 943.45 (1) (intro.) No person may intentionally obtain or attempt to obtain telecommunications service, as defined in s. 182.017 (1g) (cq), after the provider of the telecommunications services has previously detected service to the person without payment and disconnected the person's telecommunications service due to the lack of payment and has notified the person obtaining the service that the service was being obtained without payment, by any of the following means:".

AB191-AA2,1,10 2. Page 2, line 1: delete " Section 1" and substitute "Section 1L".

AB191-AA2,1,11 3. Page 2, line 3: after that line insert:

AB191-AA2,1,13 " Section 1p. 943.46 (2) (a), (b), (c), (d), (e) and (f) of the statutes are amended to read:

AB191-AA2,2,12 943.46 (2) (a) Obtain or attempt to obtain video service from a provider by trick, artifice, deception, use of an illegal device or illegal decoder or other fraudulent means with the intent to deprive that provider of any or all lawful compensation for rendering each type of service obtained after the provider has previously detected such service to the person without payment, has previously disconnected the person's service due to the lack of payment, and has notified the person the service was being obtained without payment. The intent required for a violation of this paragraph may be inferred from the presence on the property and in the actual possession of the defendant of a device not authorized by the video service provider, the major purpose of which is to permit reception of video services without payment. This inference is rebutted if the defendant demonstrates that he or she purchased that device for a legitimate use.

AB191-AA2,2,21 (b) Give technical assistance or instruction to any person in obtaining or attempting to obtain any video service without payment of all lawful compensation to the provider providing that service if the actor knows that the provider has previously detected such service to the person without payment, has previously disconnected the person's service due to the lack of payment, and has notified the person obtaining such service that the service was being obtained without payment. This paragraph does not apply if the defendant demonstrates that the technical assistance or instruction was given or the installation of the connection, descrambler or receiving device was for a legitimate use.

AB191-AA2,3,3 (c) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of video services for the purpose of distributing video service to any other dwelling unit without authority from a video service provider after the provider has previously detected such connection without payment, has previously disconnected such connection due to the lack of payment, and has notified the person that service was being obtained through the connection without payment.

AB191-AA2,3,15 (d) Make or maintain a connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of video services for the purpose of obtaining video service without payment of all lawful compensation to the provider providing that service after the provider has previously detected such connection without payment, has previously disconnected such connection due to the lack of payment, and has notified the person that service was being obtained through the connection without payment. The intent required for a violation of this paragraph may be inferred from proof that the video service to the defendant's residence or business was connected under a service agreement with the defendant and has been disconnected by the video service provider and that thereafter there exists in fact a connection to the video service network at the defendant's residence or business.

AB191-AA2,4,10 (e) Make or maintain any modification or alteration to any device installed with the authorization of a video service provider for the purpose of intercepting or receiving any program or other service carried by that provider which that person is not authorized by that provider to receive after the provider has previously detected such interception or receipt, has previously disabled the modified or altered device due to the lack of payment, and has notified the person making or maintaining the modification or alteration that the program or service was being intercepted or received without payment. The intent required for a violation of this paragraph may be inferred from proof that, as a matter of standard procedure, the video service provider places written warning labels on its converters or decoders explaining that tampering with the device is a violation of law and the converter or decoder is found to have been tampered with, altered or modified so as to allow the reception or interception of programming carried by the video service provider without authority to do so. The trier of fact may also infer that a converter or decoder has been altered or modified from proof that the video service provider, as a matter of standard procedure, seals the converters or decoders with a label or mechanical device, that the seal was shown to the customer upon delivery of the decoder and that the seal has been removed or broken. The inferences under this paragraph are rebutted if the video service provider cannot demonstrate that the intact seal was shown to the customer.

AB191-AA2,4,24 (f) Possess without authority any device or printed circuit board designed to receive from a video service network any video programming or services offered for sale over that video service network, whether or not the programming or services are encoded, filtered, scrambled or otherwise made unintelligible, or perform or facilitate the performance of any of the acts under pars. (a) to (e) with the intent that that device or printed circuit be used to receive that video service provider's services without payment after the provider has previously detected such receipt without payment, has previously disconnected the device or board, and has notified the person possessing the device or board that the programming or services were being received without payment. Intent to violate this paragraph for direct or indirect commercial advantage or private financial gain may be inferred from proof of the existence on the property and in the actual possession of the defendant of a device if the totality of circumstances, including quantities or volumes, indicates possession for resale.".

AB191-AA2,4,25 (End)