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HB4262 - 104th General Assembly
ILLEGAL RECORDING-MINORS
Last Action
Statutes Amended In Order of Appearance
New Act
Synopsis As Introduced
Creates the Civil Remedies for Nonconsensual Recording of Children Act. Creates a civil action for a child or the parent or legal guardian on behalf of a child if a person (1) makes a video record or transmits a live video of the child without the consent of the child's parent or guardian in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel residence; or (2) makes a video record or transmits a live video of a child without the consent of the child's parent or guardian in a residence in which the child does not reside. Provides for exceptions. Provides that a child who proves by a preponderance of the evidence that a defendant violated the Act against the child is considered obviously and materially harmful to the child and is per se harmful and traumatic. Authorizes a prevailing plaintiff to recover: (1) the greater of: (A) economic and noneconomic damages proximately caused by the defendant's violation of the Act, including but not limited to damages for emotional distress whether or not accompanied by other damages; or (B) statutory damages, not to exceed $10,000, against each defendant found liable under the Act; (2) punitive damages; and (3) reasonable attorney's fees and costs. Provides that an action under the Act may not be brought no later than 2 years from the date the cause of action was discovered or should have been discovered with the exercise of reasonable diligence. Tolls the statute of limitation until the child becomes emancipated or attains the age of majority. Provides that if a State agency or unit of local government is required by law or ordinance to inspect a restroom, tanning bed, tanning salon, locker room, changing room, or hotel residence, the State agency or unit of local government must also inspect for hidden cameras. Provides that if a hidden camera is discovered, the owner or operator of the inspected location must post a public notice advising of the camera and the area it films. Provides that the notice must be in English and any other language that is spoken by a significant number of local residents in that area. Provides that the Act applies to causes of action accruing on or after the effective date of this amendatory Act.
House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill with these changes. Creates the Protecting Children from Hidden Cameras Act. Creates a civil action for a child or the parent or legal guardian on behalf of a child if a person knowingly makes or transmits a video record of the child using a concealed or disguised recording device, or otherwise in a manner intended to avoid detection, without the consent of the child's parent or guardian in a restroom, tanning bed, tanning salon, locker room, changing room, hotel guest accommodations, or in a residence in which the child does not reside in an area in which a person would reasonably expect privacy. Exempts (1) a parent or legal guardian of the child who is the subject of the recording unless the parent's or legal guardian's action is prohibited by a law other than the Act; (2) a recording made by law enforcement in the lawful performance of official duties; and (3) a recording made in good faith in the reporting of unlawful conduct. Authorizes a prevailing plaintiff to recover economic and noneconomic damages, punitive damages, and reasonable attorney's fees and costs. Provides that if a State agency or unit of local government is required by law or ordinance to inspect certain locations, the inspection must also include an inspection for hidden cameras and establishes requirements for notification to law enforcement if a hidden camera is discovered. Provides that if a hidden camera is discovered outside of an inspection conducted by a State agency or unit of local government, the person or entity discovering the device must immediately notify the appropriate law enforcement agency and preserve any reasonably available evidence relating to the device until collected by law enforcement or otherwise directed by law enforcement. Effective immediately.
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/05/2026 | House | Filed with the Clerk by Rep. Curtis J. Tarver, II |
| 1/14/2026 | House | First Reading |
| 1/14/2026 | House | Referred to Rules Committee |
| 2/11/2026 | House | Assigned to Judiciary - Civil Committee |
| 2/25/2026 | House | Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000 |
| 2/25/2026 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/16/2026 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Curtis J. Tarver, II |
| 3/16/2026 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 3/18/2026 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 4/08/2026 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000 |
| 4/09/2026 | House | Added Chief Co-Sponsor Rep. Kelly M. Cassidy |
| 4/10/2026 | House | Second Reading - Short Debate |
| 4/10/2026 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/15/2026 | House | House Floor Amendment No. 1 Adopted |
| 4/15/2026 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/15/2026 | House | Third Reading - Short Debate - Passed 112-000-000 |
| 4/15/2026 | House | Added Co-Sponsor Rep. Lisa Davis |
| 4/15/2026 | House | Added Co-Sponsor Rep. Kimberly Du Buclet |
| 4/15/2026 | House | Added Co-Sponsor Rep. Sonya M. Harper |
| 4/15/2026 | House | Added Co-Sponsor Rep. Michael Crawford |
| 4/15/2026 | House | Added Co-Sponsor Rep. Martha Deuter |
| 4/15/2026 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 4/15/2026 | House | Added Co-Sponsor Rep. Sharon Chung |
| 4/15/2026 | House | Added Co-Sponsor Rep. Rita Mayfield |
| 4/15/2026 | House | Added Co-Sponsor Rep. Adam M. Niemerg |
| 4/15/2026 | House | Added Co-Sponsor Rep. Nicole La Ha |
| 4/15/2026 | House | Added Co-Sponsor Rep. Michael J. Coffey, Jr. |
| 4/15/2026 | House | Added Co-Sponsor Rep. Brandun Schweizer |
| 4/15/2026 | House | Added Co-Sponsor Rep. Kevin Schmidt |
| 4/15/2026 | House | Added Co-Sponsor Rep. Dan Ugaste |
| 4/16/2026 | Senate | Arrive in Senate |
| 4/16/2026 | Senate | Placed on Calendar Order of First Reading April 17, 2026 |