HB 1038 IN

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Passed One Chamber

Removes the remedies from chapter 3 of the data security breach statute and adds a reference to relief available under chapter 4 of that statute. (Under current law, the maximum civil penalty in chapter 3 is $5,000 per deceptive act.) Changes the civil penalty under chapter 4 of the data security breach statute to $500,000 per deceptive act. (Under current law, the maximum civil penalty in chapter 4 is $150,000 per deceptive act.) Adds the following to the permissible remedies available for the attorney general to seek for a deceptive act: (1) Restitution for actual harm, but not less than $100 per Indiana resident who suffered actual harm. (2) The cost of administering restitution.

• Chris Jeter Republican · author
• Eric Koch Republican · sponsor

1. Jan 9, 2023 Authored by Representative Jeter · lower
2. Jan 9, 2023 First reading: referred to Committee on Judiciary · lower
3. Jan 19, 2023 Committee report: do pass, adopted · lower
4. Jan 23, 2023 Second reading: ordered engrossed · lower
5. Jan 23, 2023 Representative Lauer added as coauthor · lower
6. Jan 24, 2023 Senate sponsor: Senator Koch · lower
7. Jan 24, 2023 Third reading: passed; Roll Call 27: yeas 96, nays 0 · lower
8. Jan 24, 2023 Representative Andrade M added as coauthor · lower
9. Jan 25, 2023 Referred to the Senate · lower
10. Feb 23, 2023 First reading: referred to Committee on Judiciary · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• House Bill (H) · Jan 19, 2023 · PDF
• Introduced House Bill (H) · Jan 5, 2023 · PDF