HB 4262

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.