House sends mixed ICAC‑era changes to conference or concurrence: morphed‑image and electronic‑records bills cleared with amended safeguards

The House completed action on several bills tied to Internet Crimes Against Children investigations after floor debate and conference activity.

S29 and S28 (criminalizing morphed images and obscene visual representations of child sexual abuse) were amended in the House to add procedural safeguards and a safe‑harbor for Internet service providers and to require additional prosecutorial or probable‑cause thresholds before an arrest warrant could issue. The House insisted on requirements that an indictment by a state grand jury or a probable‑cause finding following an ICAC investigation be required in some circumstances. The Senate initially removed or altered some of those provisions (switching to county grand juries and removing AG‑only prosecution language), prompting the House to non‑concur and send the bills to conference.

Conference reports ultimately restored the House approach on the indictments question by returning to a statewide grand jury standard for certain indictments and by preserving procedural safeguards that had been negotiated in the House. The House adopted the conference reports (S29 adopted 98‑0; S28 adopted 105‑1), returning the indictments requirement to a statewide grand jury process for the covered offenses.

Relatedly, S74 — a bill to authorize law‑enforcement subpoenas or orders for electronic records pertinent to criminal investigations (particularly ICAC work) — was amended to narrow administrative subpoena authority. Under the negotiated language described on the floor, administrative subpoenas are limited and the attorney general must demonstrate “specific and articulable facts” showing reasonable grounds that the requested information is relevant and material to an active ICAC investigation. The bill also included language clarifying that it does not expand service providers’ obligations beyond existing federal law. The House concurred in the Senate amendments to S74 by voice/roll call (108‑0), adopting the clarified limits and requiring judicial or AG oversight for some subpoenas.

Supporters said the changes balance investigative needs of ICAC task forces with privacy protections; sponsors emphasized that prosecution of the most serious cases would be coordinated through the Attorney General’s office and that technical safe‑harbors would protect service providers. Members stressed that grand‑jury and probable‑cause steps provide judicial review before invasive investigative steps occur.

The House’s actions move the bills toward final enrollment and reflect negotiated compromises meant to retain law‑enforcement access for child‑safety investigations while adding procedural checks on warrants, grand juries and administrative subpoenas.