Senate Codes Committee reports nine bills, including measures on intimate-image dissemination and use-of-force reporting

The Senate Standing Committee on Codes voted to report nine bills at a meeting called to order with a quorum present. The measures advanced include a new unlawful dissemination or publication of an intimate image offense, expanded definitions for stalking and school-site recordings, changes to jury peremptory challenges, expungement for certain syringe convictions, gender-neutral language and breastfeeding protections, criminal liability for transmission of certain infections, and a requirement that state criminal justice data be reported to the FBI's National Use of Force Data Collection Program.

Committee action followed routine motions to move each bill, and most passed with voice votes. Several senators voiced concerns about specific provisions during discussion and registered negative or without-recommendation positions on some measures; three bills were explicitly referred to the finance committee.

The committee chair opened with Senate Print 205, a measure that would make it unlawful to threaten to disseminate or publish a still or video image showing another person with intimate parts exposed or engaging in sexual conduct, including images created or altered by digital means and images by which a person may reasonably be identified. The bill was moved by Senator Bailey and seconded by Senator Palumbo and was reported by voice vote.

Other bills moved and were reported with limited debate. Senate Print 1694 would prohibit recording the entrance or exit of school grounds or property that contains school grounds within its boundaries; the committee voted to report the bill after a motion by Senator Salazar and a second by Senator Murray.

Senate Print 1946 would allow expungement for convictions for criminal possession of a hypodermic instrument. During discussion, Senator Martin said he would vote no, explaining he was concerned the bill as drafted also expunges sales-related offenses; the senator characterized sale as a distinct offense from simple possession and said he would speak with the sponsor. The committee moved the bill (mover: Senator Salazar; second: Senator Bailey) and reported it, with the minority recorded in the negative; the bill was referred to finance.

Senate Print 2444 would make certain terms gender-neutral and add provisions regarding the right to breastfeed; the committee reported that bill after a motion by Senator Bailey and a second by Senator Salazar. The committee recorded mixed responses (some senators recorded in the negative or without recommendation) but the measure was reported.

Senate Print 2491 would prohibit peremptory challenges of prospective jurors based on race, color, national origin, ancestry, gender, gender identity or expression, religion, age, disability, or sexual orientation. Senator Martin said he would never support discrimination but expressed concern that the statutory language could be misinterpreted when a party gives a different reason for a strike; he said that concern led him to vote no. The committee moved the bill (mover: Senator Prasad; second: Senator Salazar) and reported it.

Senate Print 3519 would expand the fourth-degree stalking definition to include use of devices or computers to access, record, track, or report the movement or location of a person or their property without permission. The committee moved and reported the bill (mover: Senator Bill; second: Senator Murray).

Senate Print 4545 concerns criminal liability for persons living with certain sexually transmitted infections who engage in sexual activity and would repeal provisions relating to persons knowing themselves to be infected with a venereal disease. Multiple senators raised concerns about the bill's current language. Senator Martin and others asked whether the bill distinguishes between protected (e.g., condom-protected) and unprotected sexual activity; a staff member told the committee the bill as drafted is silent on that point and offered to provide more information. Senators registered both negative and without-recommendation positions during the vote; the bill was reported.

The final bill, Senate Print 6593, would require the Division of Criminal Justice Services to report to the FBI's National Use of Force Data Collection Program. A committee participant asked whether those data are already being reported; a staff member confirmed they largely are but noted a provision in the proposal that would allow a 10% state funding withholding if a required report is not submitted. Questions were also raised about whether certain personal data fields (such as sexual orientation or gender identity) would be collected and how they would be obtained; a staff member said such information would be asked of arrestees in the use-of-force context. The committee moved the bill (mover: Senator Bailey; second: Senator Brisport) and referred it to finance after recording several negative and without-recommendation votes.

Votes at a glance

- Senate Print 205 (sponsor: Senator Martinez): unlawful dissemination/publication of intimate image; motion moved by Senator Bailey, seconded by Senator Palumbo; outcome: reported.

- Senate Print 1694 (sponsor: Senator Scufus): prohibit recording entrance/exit of school grounds; mover: Senator Salazar; second: Senator Murray; outcome: reported.

- Senate Print 1946 (sponsor: Senator Rivera): expungement of syringe possession convictions (and, as drafted, sale-related language); mover: Senator Salazar; second: Senator Bailey; outcome: reported; referred to finance; minority recorded in the negative.

- Senate Print 2444 (sponsor: Senator Fernandez): gender-neutral terminology and breastfeeding provisions; mover: Senator Bailey; second: Senator Salazar; outcome: reported.

- Senate Print 2491 (sponsor: Senator Dennardez): prohibits peremptory strikes based on protected characteristics; mover: Senator Prasad; second: Senator Salazar; outcome: reported.

- Senate Print 3519 (sponsor: Senator Scarcellus Fantin): stalking, fourth degree, includes device-based tracking/recording; mover: Senator Bill; second: Senator Murray; outcome: reported.

- Senate Print 4545 (sponsor: listed as 7.12 in the agenda): criminal liability for persons living with certain infections; mover: Senator Salazar; second: Senator Bailey; outcome: reported; several senators registered negative or without-recommendation votes; committee discussion noted the bill is silent about protected versus unprotected contact and staff offered to provide clarification.

- Senate Print 6593 (sponsor: Senator Jackson): requires reporting to FBI National Use of Force Data Collection Program; mover: Senator Bailey; second: Senator Brisport; outcome: referred to finance; several senators recorded negative or without-recommendation votes; staff noted a 10% state funding withholding for noncompliance in the draft and said certain demographic fields would be asked of arrestees in the use-of-force context.

Procedural and next-step notes

The committee convened with a quorum and advanced the listed measures by voice vote. Where senators recorded formal opposition or without-recommendation positions, that is noted above. Three measures were explicitly referred to the finance committee. Several senators asked for clarifications from sponsors or staff on statutory reach (for example, whether certain bills unintentionally sweep in sale of paraphernalia or whether sexual activity is distinguished as protected vs. unprotected in criminal-liability language); staff members offered to follow up with additional information.

Given the number of bills and the limited debate on many items, staff follow-up and any sponsor amendments will be key to resolving the concerns several senators raised before further floor action.