HB 1363 IN

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Became Law

Repeals provisions under which certain parties may file a petition during a child in need of services proceeding to require a parent, guardian, or custodian of the child to participate in a program of care, treatment, or rehabilitation for the child. Provides that a party that receives notice of a motion filed by the department of child services (department) to change the out-of-home placement of a child has ten days (rather then 15 days, under current law) to file a written objection and initiate a hearing regarding the motion. Requires the department to file a motion with a juvenile court in order to change the out-of-home placement of a child who: (1) has been in the same out-of-home placement for one year or more; and (2) is in a foster family home or in the care of a relative. Allows the person with whom a child is placed to waive the person's right to contest a motion filed by the department to change the child's placement, and allows the juvenile court to make an expedited ruling on the motion if the court is provided with written notice of the person's waiver. Provides that a child is a child in need of services if the child is a victim of certain offenses committed by a parent, guardian, or custodian of the child. Provides for a defense to prosecution for possession of child pornography for: (1) a department employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Specifies that costs paid from COVID-19 federal stimulus funds may not be disallowed when setting rates for 2023.Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Provides for a defense to prosecution for possession of child pornography for: (1) a department of child services employee acting within the scope of the employee's duties; and (2) an attorney acting in the attorney's capacity as legal counsel for a client. Makes conforming changes.

• John Young · author
• Greg Walker Republican · sponsor
• Eric Koch Republican · sponsor

1. Jan 11, 2022 Authored by Representative Young J · lower
2. Jan 11, 2022 First reading: referred to Committee on Judiciary · lower
3. Jan 20, 2022 Reassigned to Committee on Family, Children and Human Affairs · lower
4. Jan 25, 2022 Committee report: amend do pass, adopted · lower
5. Jan 27, 2022 Second reading: ordered engrossed · lower
6. Jan 31, 2022 Senate sponsors: Senators Walker G and Koch · lower
7. Jan 31, 2022 Third reading: passed; Roll Call 152: yeas 94, nays 0 · lower
8. Feb 1, 2022 Referred to the Senate · lower
9. Feb 10, 2022 First reading: referred to Committee on Judiciary · upper
10. Feb 17, 2022 Committee report: amend do pass, adopted · upper
11. Feb 28, 2022 Senator Randolph added as cosponsor · upper
12. Feb 28, 2022 Amendment #9 (Brown L) prevailed; voice vote · upper
13. Feb 28, 2022 Amendment #2 (Walker G) prevailed; voice vote · upper
14. Feb 28, 2022 Amendment #5 (Young M) prevailed; voice vote · upper
15. Feb 28, 2022 Amendment #8 (Pol) prevailed; voice vote · upper
16. Feb 28, 2022 Second reading: amended, ordered engrossed · upper
17. Mar 1, 2022 Third reading: passed; Roll Call 313: yeas 46, nays 2 · upper
18. Mar 2, 2022 Returned to the House with amendments · upper
19. Mar 3, 2022 Motion to dissent filed · lower
20. Mar 3, 2022 House dissented from Senate amendments · lower
21. Mar 3, 2022 House conferees appointed: Young J and Summers · lower
22. Mar 3, 2022 House advisors appointed: DeVon, Lauer, Hamilton and Hatfield · lower
23. Mar 3, 2022 Senate conferees appointed: Walker G and Pol · upper
24. Mar 3, 2022 Senate advisors appointed: Koch and Randolph Lonnie M · upper
25. Mar 8, 2022 Motion to concur filed · lower
26. Mar 8, 2022 House reconsidered and concurred in Senate amendments; Roll Call 368: yeas 86, nays 0 · lower
27. Mar 9, 2022 Signed by the Speaker · lower
28. Mar 9, 2022 Signed by the President Pro Tempore · upper
29. Mar 15, 2022 Signed by the President of the Senate · upper
30. Mar 18, 2022 Signed by the Governor · executive
31. Mar 18, 2022 Public Law 172 · lower

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.

• Enrolled House Bill (H) · Mar 8, 2022 · PDF
• Introduced House Bill (H) · Jan 11, 2022 · PDF
• House Bill (H) · Jan 25, 2022 · PDF
• House Bill (S) · Feb 17, 2022 · PDF
• Engrossed House Bill (S) · Feb 28, 2022 · PDF