The Committee on Family and Veterans' Services proposed the following amendment (906R001.KMM.KS):

Amend the bill, as and if amended, on page 2 by striking line 8 and adding:

/ adult from family or friends; or

(e) any unauthorized video or photographic recordation of a vulnerable adult, regardless of whether the vulnerable adult is aware of the recordation.

(4) 'Unauthorized video or photographic recordation' means the recording of any vulnerable adult without their consent, or in the event the vulnerable adult cannot give consent, without the consent of the agent in charge of the vulnerable adult. Those employed in the care of a vulnerable adult are never authorized to record a vulnerable adult unless required to do so in the duty of their employment, to assist with the medical care of the vulnerable adult, or to comply with law enforcement." /

Amend the bill, as and if amended, on page 2 by striking line 40 and adding:

/ SECTION 3. Section 43-35-85 of the 1976 Code is amended by adding:

"(J) Notwithstanding section (D), any person who, without authorization, knowingly and willfully records by video or photographic means a vulnerable adult in violation of 43-35-10(3)(d), is guilty of a misdemeanor, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. This is a lesser included offense to subsection (K).

(K) Any person who, without authorization, knowingly and willfully distributes, publishes, or disseminates by any means any photographic or video recordation of a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years; or both."

SECTION 4. This act takes effect upon approval by the Governor. /