Indiana 2024 Regular Session

Indiana House Bill HB1355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1355
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-17; IC 10-11-10-2; IC 34-30-2.1-2.5.
7	7	Synopsis: Child sexually abusive materials. Authorizes the attorney
8	8	general to assess a civil penalty of $1 million on a corporation with a
9	9	market capitalization of at least $100 billion for each instance in which
10	10	the corporation knowingly makes available child sexually abusive
11	11	material, and establishes a procedure for the investigation of a
12	12	complaint relating to child sexually abusive material. Establishes the
13	13	child sexually abusive material facilitation prevention fund. Specifies
14	14	that money in the fund shall be used to: (1) fund the Internet crimes
15	15	against children fund; and (2) offset forgone tax remittances. Makes an
16	16	appropriation.
17	17	Effective: July 1, 2024.
18	18	Morris, Speedy, Judy
19	19	January 10, 2024, read first time and referred to Committee on Judiciary.
20	20	2024 IN 1355—LS 7019/DI 107 Introduced
21	21	Second Regular Session of the 123rd General Assembly (2024)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2023 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1355
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	criminal law and procedure and to make an appropriation.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
36	36	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
37	37	3 1, 2024]:
38	38	4 Chapter 17. Civil Penalty for Child Sexually Abusive Material
39	39	5 Sec. 1. As used in this chapter, "active uniform resource locator
40	40	6 (URL)" means a URL link, whether part of a website or an
41	41	7 Internet connected device, that when clicked will direct the user to
42	42	8 child sexually abusive material.
43	43	9 Sec. 2. As used in this chapter, "child" means a person less than
44	44	10 eighteen (18) years of age.
45	45	11 Sec. 3. As used in this chapter, "child sexually abusive material"
46	46	12 means material displaying sexual conduct that violates 18 U.S.C.
47	47	13 1591.
48	48	14 Sec. 4. As used in this chapter, "corporation" means a
49	49	15 corporation that has a total stock market capitalization of at least
50	50	16 one hundred billion dollars ($100,000,000,000).
51	51	17 Sec. 5. As used in this chapter, "Internet crimes against children
52	52	2024 IN 1355—LS 7019/DI 107 2
53	53	1 fund" means the Internet crimes against children fund established
54	54	2 by IC 10-11-10-2.
55	55	3 Sec. 6. As used in this chapter, "made available" means
56	56	4 transmitted, stored, hosted, or in any way facilitated, including
57	57	5 providing an active uniform resource locator (URL) link.
58	58	6 Sec. 7. As used in this chapter, "prevention fund" means the
59	59	7 child sexually abusive material facilitation prevention fund
60	60	8 established by section 12 of this chapter.
61	61	9 Sec. 8. As used in this chapter, "sexual conduct" has the
62	62	10 meaning set forth in IC 35-42-4-4.
63	63	11 Sec. 9. (a) If the attorney general determines that a corporation
64	64	12 knowingly made available for viewing child sexually abusive
65	65	13 material, the attorney general may assess a civil penalty of one
66	66	14 million dollars ($1,000,000) for each instance in which the
67	67	15 corporation made available for viewing the child sexually abusive
68	68	16 material in the previous three (3) months.
69	69	17 (b) The attorney general may assess a civil penalty under this
70	70	18 section if an Internet browser is directed to a website containing
71	71	19 child sexually abusive material, regardless of whether the Internet
72	72	20 browser was directed to the exact location on the website where the
73	73	21 child sexually abusive material was located.
74	74	22 (c) If more than one (1) corporation is involved in making
75	75	23 available for viewing child sexually abusive material during a
76	76	24 single instance, the attorney general may assess the civil penalty
77	77	25 described in subsection (a) on each corporation.
78	78	26 (d) The attorney general may assess a civil penalty on a specific
79	79	27 corporation not more than one (1) time every three (3) months.
80	80	28 (e) The attorney general shall deposit the civil penalty in the
81	81	29 prevention fund.
82	82	30 (f) The attorney general may accept consumer reports
83	83	31 identifying the:
84	84	32 (1) location, including an active uniform resource locator
85	85	33 (URL); or
86	86	34 (2) description;
87	87	35 of child sexually abusive material made available by a corporation
88	88	36 to which this chapter applies.
89	89	37 (g) A report made under subsection (f) is confidential for
90	90	38 purposes of the public records law.
91	91	39 (h) Upon receipt of a relevant complaint, the attorney general
92	92	40 shall notify the corporation of the child sexually abusive material
93	93	41 made available, at least in part, by the corporation.
94	94	42 (i) If the corporation fails to remove the child sexually abusive
95	95	2024 IN 1355—LS 7019/DI 107 3
96	96	1 material not later than twenty-four (24) hours after receiving
97	97	2 notice from the attorney general, there is a presumption that the
98	98	3 corporation has made the child sexually abusive material available
99	99	4 for viewing knowingly.
100	100	5 Sec. 10. The attorney general and any employee of the attorney
101	101	6 general are immune from civil and criminal liability that relates to
102	102	7 the investigation of child sexually abusive material under this
103	103	8 chapter.
104	104	9 Sec. 11. The attorney general may do any of the following when
105	105	10 conducting an investigation under this chapter:
106	106	11 (1) Issue and serve a subpoena for the production of records,
107	107	12 including records stored in electronic data processing systems,
108	108	13 for inspection by the attorney general.
109	109	14 (2) Issue and serve a subpoena for the appearance of a person
110	110	15 to provide testimony under oath.
111	111	16 (3) Apply to a court with jurisdiction to enforce a subpoena
112	112	17 described in this section.
113	113	18 Sec. 12. (a) The child sexually abusive material facilitation
114	114	19 prevention fund is established for the purpose of receiving, holding,
115	115	20 and disbursing funds from civil penalties assessed under this
116	116	21 chapter.
117	117	22 (b) The fund shall be administered by the attorney general.
118	118	23 (c) The expenses of administering the fund shall be paid from
119	119	24 money in the fund.
120	120	25 (d) The treasurer of state shall invest the money in the fund not
121	121	26 currently needed to meet the obligations of the fund in the same
122	122	27 manner as other public money may be invested.
123	123	28 (e) Money in the fund shall be disbursed as follows:
124	124	29 (1) The first one hundred million dollars ($100,000,000)
125	125	30 deposited in the fund shall be transferred to the Internet
126	126	31 crimes against children fund to be used to fund the
127	127	32 investigation of a corporation.
128	128	33 (2) Money deposited in the fund that is not allocated under
129	129	34 subdivision (1) shall be transferred to the state general fund
130	130	35 to offset dollar for dollar the loss of tax revenue that would
131	131	36 have been remitted to the state in the previous state fiscal year
132	132	37 if not for the reduction of the applicable tax liability for a tax
133	133	38 imposed on income due to the assessment of a civil penalty
134	134	39 under this chapter.
135	135	40 (3) Money deposited in the fund that is not allocated under
136	136	41 subdivision (1) or (2) shall be transferred to the state general
137	137	42 fund to offset dollar for dollar the loss of tax revenue that
138	138	2024 IN 1355—LS 7019/DI 107 4
139	139	1 would have been remitted to the state in the previous state
140	140	2 fiscal year if not for the reduction of the applicable tax
141	141	3 liability for a tax imposed on sales due to the assessment of a
142	142	4 civil penalty under this chapter.
143	143	5 (f) Money remaining in the fund:
144	144	6 (1) after the transfers described in subsection (e); and
145	145	7 (2) at the end of a state fiscal year;
146	146	8 shall be transferred to the state general fund.
147	147	9 (g) Money in the fund is continually appropriated for the
148	148	10 purposes specified in this chapter.
149	149	11 Sec. 13. IC 4-21.5 applies to an action under this chapter.
150	150	12 SECTION 2. IC 10-11-10-2, AS ADDED BY P.L.165-2021,
151	151	13 SECTION 135, IS AMENDED TO READ AS FOLLOWS
152	152	14 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The Internet crimes against
153	153	15 children fund is established.
154	154	16 (b) The fund consists of appropriations from the general assembly
155	155	17 and money transferred from the child sexually abusive material
156	156	18 facilitation prevention fund (IC 4-6-17-12).
157	157	19 (c) The fund may be used only for the purposes described in
158	158	20 sections 3 and 4 of this chapter. However, money transferred from
159	159	21 the child sexually abusive material facilitation prevention fund
160	160	22 must be used for the investigative purpose described in
161	161	23 IC 4-6-17-12(e)(1).
162	162	24 (d) The fund shall be administered by the department.
163	163	25 (e) The expenses of administering the fund shall be paid from
164	164	26 money in the fund.
165	165	27 SECTION 3. IC 34-30-2.1-2.5 IS ADDED TO THE INDIANA
166	166	28 CODE AS A NEW SECTION TO READ AS FOLLOWS
167	167	29 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. IC 4-6-17-10 (Concerning the
168	168	30 attorney general's investigation of child sexually abusive material).
169	169	2024 IN 1355—LS 7019/DI 107