S.B. 310 Uniform Intimate Images Amendments: transcript

Thank you. Um, it, it, let me just start by letting you know that there will be an amendment if this committee will let this bill through. Um, the rural telecom folks have reached out to me and we need to do an exception or carve out for internet service providers. That's not the target of this bill. That's not the purpose of this bill. And, uh, I was under the weather all weekend and did not get that amendment done, but that, that will be part of it. But this is just a bill i I serve as a member of the Uniform Law Commission. This is a bill that comes to the Uniform Law Commission dealing with intimate images. It's something that unfortunately we see, uh, we see often, and this is the uniform law. This has been passed in about 10 different states. And this allows an individual to bring a civil action for un unauthorized disclosure of an intimate image. This provides a framework that's been worked on with the Uniform Law Commission. Um, with that, i, i, I will open up for questions, but just know that there, if you'll let this bill through this committee today on second reading, you'll see an amendment to carve out the internet service providers, um, through the, the telecom concerns. With that, I'm open for questions.

Yeah. Thank you. Thank you, Mr. Chair. Um, so in trying to hopefully I I'm understanding the bill. So you're talking about like a situation like at a school or something where someone's passing around, uh, nude photos of a friend or something, or even doctored nude photos or something. Is that, is that where we're something like we're targeting or, yes.

Yep. That's what came to my mind. It's been quite a problem in some areas of the state. Okay.

And I can make a motion, Mr. Chair, you can make a motion. I'd move that we favorably recommend it. Um, Senate Bill three 10 uniform intimate images, amendments, um, with the understanding that there will be, you will see some language coming to make sure we take care of the rural telecom folks that had concern.

And this bill sounds as bad as it, as bad as it is, but hey, I really appreciate this committee working on the bill before. Um, I appreciate the, uh, substitute that they're working on. 'cause I think it, I think it, I think there's a lot of wisdom to it. To what, what's gonna come. So that's my precursor. Um, uniform intimate images, amendments. Unfortunately, I I think everybody in this room knows that we have a problem with intimate images and creating, creating some uniform standards across the nation I think is helpful. This bill is, is a bill that does come through a lot of work that the Uniform Lock Commission has done. You'll see the definition and, and in these drafting committees, it's pretty intense when they go through 'em. And they, you got a bunch of judges and attorneys that spend time working on language. You'll see the, the definition of intimate images in line 55 and and number eight. I think it's pretty, pretty detailed, fairly graphic, I'm not gonna read it. Um, there, there are some exceptions, and you'll see that in line 1 0 6. There, there are some exceptions to this rule. When, when an intimate image is disclosed in good faith, it's part of law enforcement activity, legal proceeding, medical education, good faith in reporting investigation, and you'll, you'll see that language. Um, as I worked with stakeholders, the only question I had from stakeholders was from our internet service providers to see a, a carve out on line 1 22. We just, we wanna make sure that we're capturing the bad, bad actors and not your, this came from rural telecom. They, they wanted to have, make sure there was a carve out. And, and it's not, it's not a carve out thing, do anything nefarious. It just didn't make any sense to, to capture the internet service provider, the bill in line 1 37, you'll see what the damages are. And this is consistent with what you'll see in other states. Our state has economic and non, non-economic damage that that's recoverable or a statutory fee. Line 1 42, you'll see punitive damages 1 46. And in 1 55, court may award reasonable attorney fees. And, uh, this, this bill is, is not cons. You'll see in the, the end of it. It's not construed to alter governmental immunity or anything like that. Um, without, I'm open for questions.

Not, not typically. I mean, it could be, it could meet that definition. Certainly. I think this legislature has done a lot of work to, to deal with that issue. And I, and I think you'll see some really big penalties and enhancements, especially in the criminal code, but that, that's not typically what this is focused on, but certainly could meet that definition and, and probably rightfully so.

Thank you, Mr. Vice Chair. Um, so the, the thought, so I initially was thinking that you were targeting the civil side of like revenge porn, but you said that wasn't necessarily it. So what are the situations that this bill is trying to address?

Well, it, it would be in that civil, civil scenario, but it would be the disclosure of any of these intimate images in the civil, in the civil realm. So it could, it could encompass that, like revenge porn. But it, it could be, uh, I, I guess my, I guess my answer to you is I, I don't think in this world, so I don't know all of the scenarios when somebody would drop an intimate image on somebody else, um, revenge porn or, or, or kids kicking photos around at, you know, adult kids in high schools and colleges. And I think there's a lot of scenarios, but it would encompass that situation as well. But I don't, I don't think that's the direct target.

Now, does this bill, uh, would this bill only apply to adults that are disseminating or could you have a situation where, uh, teenagers in high school, one person, uh, individual shares an intimate image with them and then that person then shares it beyond the intended, uh, uh, person that was supposed to receive it. Does this now give that, um, person a cause of action to be able to, instead of going the criminal route? 'cause maybe they don't want to go that route. Yeah. Will this give them the opportunity to have some sort of recourse?

Yeah, it certainly could. If we're gonna continue to take that image as that, that image and pass it down the road. Yeah, it certainly could. Yes. Okay. Thank you.

Thank you Mr. Chair. I would like to move that we favorably recommend SB three 10 uniform intimate images.

Would. I, this is, I think this is a much needed bill. I think that the penalties, um, the damages that are ascribed in this new policy are hard hitting. They will work to actually prevent the sharing of this, these types of images. And, uh, I think it's really important that the committee pass this. So I urge support. Thank you Chair Libe.

I'll, I'll waive and I, I just appreciate this committee. You're doing good work today.

I will waive. Alright,

that I think is important to adopt. Before I do that, I need to move amendment number one in my name Amendment. Amendment number one.

Yes. So the amendment came from some of the telecom, the rural telecom folks. They wanted to make sure that we, we did not include internet service providers, so we, we made sure that this bill was target targeting, um, the right, the right party. So there, there is a carve out for internet service providers. So that's what the amendment does,

Thank you. This is a, this is a pretty basic bill, but this is a bill that you're, you're gonna see across the country. It's been adopted in a lot of states. Just a uniform process that allows an individual to bring a civil action for unauthorized disclosure of intimate images. Unfortunately, this is a, this is a problem in our nation and having some uniformity in, in this regard, I think is important without, I'm open for questions.

Ml. I'm gonna waive and move that this bill be read for a third time.

Senator Spry a Lewin brammer aye. Bus? Aye. Colmore Escamia Aye. Fillmore Aye. Grover Aye. Harper Kinins. Aye. Ipson Johnson Juab McKay. Mikel Milner Musselman Owens Aye. Pitcher Thumb Rebi Sandal Stevenson Stratton Vickers Snickers Weiler Aye.

Senate Bill three 10 Uniform Inmate Uniform, intimate Images Amendments by Senator Mikel. This bill was heard in judiciary with the vote. 10 0 1.

Motion To circle. Thank you Representative.

Thank you Mr. Speaker. This is another great bill. Uh, this bill enacts the uniform civil remedies for unauthorized disclosure of Intimate Images Act. So essentially it gives someone the right to sue someone else if that person knowingly shared their private intimate image without consent. Um, with that Mr. Speaker, happy to answer any questions about the bill.