Indiana 2023 Regular Session Status: Passed House Bipartisan · 3 R · 1 D cosponsors

HB 1038 — Data security.

Last action — First reading: referred to Committee on Judiciary

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 1038 on the official Indiana source →

Action History

  1. First reading: referred to Committee on Judiciary

  2. Referred to the Senate

  3. Representative Andrade M added as coauthor

  4. Third reading: passed; Roll Call 27: yeas 96, nays 0

  5. Senate sponsor: Senator Koch

  6. Representative Lauer added as coauthor

  7. Second reading: ordered engrossed

  8. Committee report: do pass, adopted

  9. First reading: referred to Committee on Judiciary

  10. Authored by Representative Jeter

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 146 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (146)

146 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1038 do?
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.
Who sponsors HB 1038?
HB 1038 is sponsored by Eric Koch (Republican), Mike Andrade (Democrat), Ryan Lauer (Republican), and Chris Jeter (Republican).
What is the current status of HB 1038?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1038?
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Last checked for changes 3 months ago · updated continuously

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