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Legislative Year: 2024 Change
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Bill Detail: SB24-011

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Title Online-Facilitated Misconduct & Remote Tracking
Status Signed by the Speaker of the House (05/16/2024)
Bill Subjects
  • Business & Economic Development
  • Civil Law
  • Crimes, Corrections, & Enforcement
House Sponsors M. Duran (D)
J. Willford (D)
Senate Sponsors F. Winter (D)
L. Cutter (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/10/2024
Summary

The bill requires an online dating service (service) to have a safety
policy that includes certain elements. It is a deceptive trade practice if a
service does not have a compliant safety policy. A safety policy must
include:
  • Information about whether and under what circumstances
the service conducts background screenings of members
who use the service (members) and whether the service
excludes from membership individuals with past criminal
convictions;
  • A definition of misconduct used by the online dating
service;
  • A description of whether and when the service suspends a
member profile or bars a member from the service as a
result of reports of misconduct committed by the member;
  • Guidelines for reporting misconduct committed by a
member to the service and information about how those
reports are shared with other members;
  • A notice that engaging in sexual conduct with another
person without the other person's consent violates the
safety policy and criminal laws, and may result in criminal
or civil liability;
  • Information about resources available for members who
experience misconduct committed by another member; and
  • Measures taken by the platform that are reasonably
designed to promote safer online and in-person dating
experiences for members.
A service shall post its safety policy on the front page of its
website or mobile application, include the policy in its dating service
contract, and file its safety policy with the attorney general's office.
A service shall annually file a report with the attorney general's
office that includes information about reports of misconduct committed
by members that the service has received and actions taken by the service
against members who are the subject of those reports.
If a member who brings an enforcement action against a service
for the deceptive trade practice of not having an adequate safety policy
was injured by another member and a report against the other member
was filed with the service prior to the incident, the service is liable for the
amount of the member's actual damages or, if the service received more
than one report about the other member and fails to take timely remedial
action against the other member, 3 times the amount of the member's
actual damages.
The bill creates a civil cause of action for a person who was
tracked by means of a tracking device or tracking application to bring a
claim against the actor who installed a tracking device on the person's
property or who caused a tracking device or tracking application to track
the person or person's property without the person's consent.
Existing law prohibits posting a private image for harassment;
posting a private image for pecuniary gain; and posting, possession, or
exchange of a private image by a juvenile. The bill adds to those offenses
posting a computer generated or digitally altered sexual image that:
  • Depicts an actual person engaging in speech or conduct
that the person did not engage in and is so realistic that a
reasonable person would believe it depicts the actual
conduct of the depicted person;
  • Was produced by technological means; and
  • Realistically depicts the private intimate parts of another
person or artificially generated private intimate parts
presented as those of the depicted person or displays the
depicted person in a sexual act.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (04/03/2024) (most recent)  
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