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Legislative Update

Civil

Nonconsensual pornography

May 17, 2019 Filed Under: Civil

S.E.A. 192, P.L. 29 Effective: July 1, 2019 Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus … [Read more...] about Nonconsensual pornography

Going upon the premises of another

May 17, 2019 Filed Under: Civil

S.E.A. 220, P.L. 113 Effective: July 1, 2019 Amends the law providing that a person who goes upon the premises of another for certain purposes does not have an assurance that the premises are safe for the person's purpose. Specifies that the law applies to a person who goes upon the premises of another for the purpose of departing from a trail, greenway, or similar area. Read the … [Read more...] about Going upon the premises of another

Unlawful indemnity agreements

May 17, 2019 Filed Under: Civil

S.E.A. 230, P.L. 65 Effective: July 1, 2019 Provides that the law concerning indemnity agreements in construction or design contracts applies to certain design-build contracts. Specifies that "sole negligence" for purposes of liability under a construction or design contract does not include: (1) vicarious liability; (2) imputed negligence; or (3) assumption of a nondelegable duty. … [Read more...] about Unlawful indemnity agreements

Individualized mental health safety plans

May 17, 2019 Filed Under: Civil

S.E.A. 359, P.L. 225 Effective: July 1, 2019 In relevant part, provides that a psychiatric crisis center, psychiatric inpatient unit, or psychiatric residential treatment provider that discloses an individualized mental health safety plan to certain licensed providers in good faith is immune from civil and criminal liability. Read the bill at: … [Read more...] about Individualized mental health safety plans

Claims concerning user fees

May 17, 2019 Filed Under: Civil

S.E.A. 582, P.L. 195 Effective: §1 retroactive to July 1, 2017; §2 retroactive to July 1, 2015; §3-6 effective May 6, 2019 Defines the term "user fee" as a fee, rate, or charge imposed by a political subdivision: (1) that represents a just, reasonable, and proportionate approximation of the use or privilege for use of a service, the benefit conferred by the use or privilege for use o … [Read more...] about Claims concerning user fees

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