Video & Transcript Research : 'recklessness presumption'

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KY

Kentucky 2026 Regular Session

House Standing Committee on Judiciary. (3-25-26)

Judiciary

Transcript Highlights:
  • that the presumption is required. that the presumption is required.
  • include the presumption. include the presumption.
  • that presumption and<00:17:44.120> the<00:17:44.200> presumption<00:17:44.800> with
  • <00:17:45.000> clear<00:17:45.400> and and the presumption with clear and and the presumption
  • <00:19:57.680> in downside of having this presumption in downside of having this presumption
Keywords: 958, all
TX

Texas 89th 2nd C.S.

Homeland Security, Public Safety & Veterans' Affairs Apr 9th, 2025

Homeland Security, Public Safety & Veterans' Affairs

Transcript Highlights:
  • When adding the presumption of recklessness to a police officer's pointing or discharging a firearm in
  • You can be reckless.
  • So, can you explain to us the presumption part?
  • So currently the presumption, it's, it's presumed currently the reckless component and that as you mentioned
  • The other sections all have a reckless component where it's presumed that the actor was reckless, and
TX

Texas 89th Regular

Homeland Security, Public Safety & Veterans' Affairs Apr 9th, 2025

Homeland Security, Public Safety & Veterans' Affairs

Transcript Highlights:
  • When adding the presumption of recklessness to a peace officers pointing or discharging a firearm in
  • Deadly conduct subsection C to clarify that the presumption of recklessness and danger does not apply
  • You can be reckless.
  • the presumption part. So currently the presumption, it's...
  • The other sections all have a reckless component. Where it's presumed that the actor was reckless.
FL

Florida 2026 Regular Session

Governmental Oversight and Accountability Jan 26th, 2026

Governmental Oversight and Accountability

Transcript Highlights:
  • So in that case, it works more as a presumption than an immunity. Follow-up? No, thank you.
  • So in that case it works more as a presumption than an immunity. Follow up? No, thank you.
  • She said this is not a presumption or a conditional defense; it is complete immunity.
  • It would also prevent juries from hearing that a defendant failed to qualify for this presumption.
  • I want to talk a little bit about the immunity versus presumption.
Summary: The committee heard and voted on several measures. SB 308 on the Florida Museum of Black History was explained as implementing a prior task force recommendation by designating St. Johns County as the museum site, creating a board, and coordinating with a supporting nonprofit; it passed favorably. SB 692 on cybersecurity standards and liability was amended to bar local governments from imposing cybersecurity requirements on vendors beyond generally accepted best practices, and after testimony both for and against, it was reported favorably as a committee substitute. SB 572 updated ethics law to include legally recognized foster parents and foster children in the definition of relative; after a technical amendment and support from the Ethics Commission, it passed unanimously. SB 1442 revised the long-range program plan to require more specific performance metrics and agency-specific measures; it also passed favorably. The committee also approved SB 1106, as amended by a strike-all, to require state agencies and certain educational materials to use “Judea and Samaria” instead of “West Bank,” despite opposition arguing it would impose political language and conflict with federal and international terminology. SB 7020 reenacted a public records exemption for certain aquaculture and shellfish production records and passed with support from the Department of Agriculture and Consumer Services. SB 474 expanded military leave and related benefits for public employees and officials, including members of the Coast Guard and Florida State Guard, and added three amendments before being reported favorably. SB 350, dealing with public records protections for crime victims and certain law enforcement victims, was heavily amended to add time-limited confidentiality for an officer’s name in some cases and then passed favorably after discussion about balancing transparency and safety. Finally, the committee approved SPB 7032 as a committee bill to shift more fleet management responsibilities from DMS to individual agencies, while still requiring data reporting to DMS for legislative oversight. SB 1650 by Senator Gates was temporarily postponed. At the end of the meeting, members recorded votes on selected bills, and the committee adjourned.
FL

Florida 2026 Regular Session

Criminal Justice Mar 4th, 2025

Criminal Justice

Transcript Highlights:
  • Senate Bill 276 amends current Florida statute to create a presumption and defense to a crime for sheltering
  • that the person knew the minor's age or acted in reckless disregard.
  • bill provides that proof of that the unmarried minor was not attained 18 years of age creates a presumption
  • that the person knew the minor's age or acted in reckless disregard.
  • You would be okay that it's a rebuttable presumption where there's a relationship that pre-exists between
Summary: The committee met and took up several criminal justice, public safety, and boating measures. It first heard SB 168, the Tristan Murphy Act, which would create mental health diversion options for eligible misdemeanor and felony defendants, expand mental health and substance abuse grant uses, require evaluations and treatment recommendations in certain cases, add Hillsborough County to a forensic diversion pilot list, and create a behavioral health data repository. After adopting a technical amendment, the bill received strong support from NAMI Florida, family advocates, sheriffs, and the Murphy family, and was reported favorably on a unanimous vote. The committee also approved SB 86, expanding peer support programs for certain law enforcement support personnel, and SB 472, allowing inmates who complete approved education in correctional facilities to receive credit toward professional licensure requirements. Both bills were amended and then reported favorably without opposition. SB 276, which increases penalties for unlawfully sheltering or aiding an unmarried minor and creates a defense for actions taken to protect a minor from danger, drew questions about runaway youth, LGBTQ youth, and the scope of the defense; the sponsor said he was open to further amendment, and the bill passed favorably. Members then approved SB 402, updating the unlawful use of uniforms, medals, or insignia statute to reference the armed forces by definition rather than by branch. SB 490, as amended, would let law enforcement, correctional, and correctional probation officers carry concealed off duty and exempt law enforcement officers, correctional officers, and active military service members from the three-day waiting period for rifle and shotgun purchases; it passed 8-1 after debate over the waiting period and equal treatment concerns. Finally, the committee passed SB 628, Lucy’s Law, to strengthen boating safety and penalties, after adopting an amendment that removed proposed changes to warrantless blood draws and boating education requirements; the bill was supported by the family of Lucy Fernandez and passed unanimously. The meeting then adjourned.
FL

Florida 2025 Regular Session

Criminal Justice Mar 4th, 2025

Transcript Highlights:
  • A MEN'S STATUTE TO CREATE A PRESUMPTION AND DEFENSE TO A CRIME FOR SHELTERING AND AIDING AND UNMARRIED
  • THE BILL PROVIDES PROOF THE UNMARRIED MINOR WAS 18 YEARS OF AGE PREDATES PRESUMPTION THAT THE PERSON
  • KNEW THE MINOR'S AGE OR ACTED IN RECKLESS DISREGARD.
  • IS IT PRESUMPTION THAT REBUTTABLE BEFORE, WHAT DO WE DO?
  • SO WHAT LEVEL OF EVIDENTIARY STANDARD TO SEARCH OR INSPECT THE VESSEL SOMEBODY MIGHT BE PRESUMPTIVELY
Keywords: 999, senate, all
CA

California 2025-2026 Regular Session

Assembly Public Safety Committee Jun 23rd, 2026

Transcript Highlights:
  • It does not create a presumption of release. SB 1009 reinforces that principle.
  • It does not create a presumption of release, and it does not limit the court's authority to order detention
  • When I was 19, I lost two friends to a reckless driving incident on June 19, 2003.
  • I mean, this reckless driving does not look... Black and Brown people are the ones as well.
  • I mean, this reckless driving does not look at race, the color of your skin.
Summary: The committee heard several public safety bills and took testimony on each, with members often noting amendments and continuing negotiations. SB 1009 by Senator Becker would require juvenile courts to find that less restrictive alternatives are unsuitable before ordering detention, and would require periodic review of continued detention and consideration of alternatives at disposition. Supporters argued it would reduce unnecessary youth detention and improve transparency; probation, judges, and police groups opposed it as an undue limit on judicial discretion and potentially unsafe in serious cases. The chair said he would recommend an aye with amendments, but the bill was held pending quorum and later remained on call. SB 1130 by Senator Gomez Reyes would update privacy law for wearable recording devices such as smart glasses, requiring consent before recording in places where people have a reasonable expectation of privacy and banning devices or accessories designed to defeat recording indicators. Supporters said the bill addresses secret recording and invasive surveillance; opponents from tech and hospitality groups sought clarification to avoid unintended liability for businesses and exempt workplace communication devices. Members discussed those exemptions, and the chair recommended an aye, but the measure also remained on call. Senator Blake Spear presented SB 99, which would let courts consider military protective orders in domestic violence proceedings and require better communication between civilian law enforcement and military authorities. Supporters from the Department of Defense, local officials, and military representatives said it would close protection gaps for military families; the ACLU opposed it on due process grounds because MPOs are issued without judicial process. The chair and author emphasized that the bill only allows consideration of MPOs and does not require civilian enforcement of them. The bill passed out on a vote, though it remained on call for additional members. The committee also heard SB 937 by Senator Gonzalez, restricting flashbang use for crowd control and banning flashbangs and explosive breaching charges in immigration enforcement, and SB 1022, creating a statewide anti-trafficking task force. SB 937 drew support from civil rights and community groups and opposition from police and sheriffs over the use-of-force standard and limits on tactics; it passed out on a vote but remained on call. SB 1022 was supported by survivor and faith groups and opposed by public defenders and sex worker advocates who raised concerns about racial disparities and enforcement harms; it also passed out on a vote. Later, SB 1395, extending criminal protective orders for certain felony sex offenses against minors up to 20 years, and SB 1230, increasing penalties for repeat illegal dumping, were both heard with mixed testimony and were held on call after committee votes. The committee also adopted a consent calendar and several bills were moved forward with amendments.
MO

Missouri 2026 Regular Session

Children and Families Jan 20th, 2026 at 10:00 am

Children and Families

Transcript Highlights:
  • And, you know, I don't know if she's reckless or refusing. I think she's trying.
  • That's the presumption statute, like the representative was talking about.
  • Because in America, we have the presumption of innocence.
  • So creating that presumption, you have to imagine in practice.
  • But they were negligent or they were reckless, the presumption in creating that ability for this family
Keywords: 959, house, all
CA

California 2025-2026 Regular Session

Assembly Public Safety Committee Jun 23rd, 2026

Public Safety

Transcript Highlights:
  • It does not create a presumption of release. SB 1009 reinforces that principle.
  • It does not create a presumption of release, and it does not limit the court's authority to order detention
  • When I was 19, I lost two friends to a reckless driving incident on June 19, 2003.
  • I mean, this reckless driving does not look at race, the color of your skin.
  • I mean, this reckless driving does not look at race, the color of your skin.
Keywords: 988, house, all
TX

Texas 89th Regular

Criminal Jurisprudence Apr 8th, 2025

Criminal Jurisprudence

Transcript Highlights:
  • Whether that's two or four hours later, the presumption—now you have a legal presumption in front of
  • presumption."
  • I think it creates a presumption.
  • Back to this presumption and why it's important.
  • It says there is a presumption of intoxication.
TX

Texas 89th Regular

89th Legislative Session Apr 29th, 2025

Texas House Floor Meeting

Transcript Highlights:
  • That's not really what a presumption does. The presumption is that's the way it's being used.
  • It was intended for drive-by shootings and reckless.
  • It's just simply, instead of being the presumption of recklessness, it reverses it and puts it in the
  • And he said, essentially, we're going to remove the presumption that it was reckless and dangerous. if
  • There's no presumption there.
Bills: HB1500, HJR7, HJR112, HB34, HB133, HB 112, HB 119, HB 128, HB 130, HB132, HB2756, HB166, HB406, HB186, HB271, HB331, HB380, HB1583, HB1584, HB1819, HB621, HB303, HB552, HB366, HB463, HB 1211, HB1327, HB1461, HB923, HB1760, HB2043, HB2467, HB5333, HB5265, HB1592, HB1576, HB1552, HB2018, HB3511, HB1781, HB2013, HB2340, HB2349, HB2508, HB2970, HB2520, HB865, HB2851, HB3385, HB3336, HB3529, HB3309, HB 1127, HB 1232, HB1397, HB4236, HB1804, HB1926, HB4041, HB1965, HB1964, HB2679, HB2730, HB3698, HB3699, HCR77, HB3354, HB163, HB201, HB272, HB333, HB405, HB519, HB569, HB654, HB694, HB791, HB 1006, HB 1136, HB 1240, HB 1266, HB 1275, HB1437, HB1532, HB1675, HB1842, HB1868, HB1888, HB1894, HB1943, HB1990, HB2029, HB2061, HB2286, HB2523, HB2622, HB2626, HB2652, HB2692, HB2842, HB2885, HB2914, HB3016, HB3096, HB3129, HB3248, HB3251, HB3255, HB3479, HB3611, HB3623, HB3701, HB3724, HB3803, HB3804, HB3805, HB3806, HB3810, HB3816, HB3832, HB3887, HB4127, HB4129, HB4130, HB4131, HB4163, HB4187, HB4229, HB4238, HB4454, HB4588, HB4643, HB4736, HB4738, HB4739, HB4945, HB5015, HB5616, SB767, SB1619, SB1738, HJR5, HJR2, HB1399, HB388, HB 114, HB205, HB2789, HB2791, HB499, HB2960, HB3163, HB3135, HB2427, HB1672, HB1722, HB2618, HB879, HB 1126, HB4134, HB3513, HB1445, HB1893, HB1734, HB3229, HB3306, HB 1276, HB3516, HB4145, HB1585, HB4810, HB2558, HB2742, HB1695, HB33, HB144, HB 109, HB 103, HB148, HB3809, HB2217, HB220, HB2421, HB2363, HB421, HB2455, HB3711, HB2559, HB2775, HB3126, HB3666, HB3595, HB3260, HB3376, HB3826, HB3770, HB1831, HB2614, HB3113, HB322, HB431, HB869, HB 1203, HB 1244, HB1875, HB1950, HB2152, HB2341, HB2809, HB2856, HB3012, SB1415, SB1058, SB487, SB1499, SB513, SB1697, SB1197, SB1437, SB1809, SB836, SB1879, SB1145, SB963, SB1038, SB1147, SB914, SB711, SB1409, HB3707, HB589, HB1360, HB2337, HB2391, HB718, HB23, HB2436, HB1500, HJR7, HJR112, HB34, HB133, HB 112, HB 119, HB 128, HB 130, HB132, HB2756, HB166, HB406, HB186, HB271, HB331, HB380, HB1583, HB1584, HB1819, HB621, HB303, HB552, HB366, HB463, HB 1211, HB1327, HB1461, HB923, HB1760, HB2043, HB2467, HB5333, HB5265, HB1592, HB1576, HB1552, HB2018, HB3511, HB1781, HB2013, HB2340, HB2349, HB2508, HB2970, HB2520, HB865, HB2851, HB3385, HB3336, HB3529, HB3309, HB 1127, HB 1232, HB1397, HB4236, HB1804, HB1926, HB4041, HB1965, HB1964, HB2679, HB2730, HB3698, HB3699, HB3354, HB163, HB201, HB272, HB333, HB405, HB519, HB569, HB654, HB694, HB791, HB 1006, HB 1136, HB 1240, HB 1266, HB 1275, HB1437, HB1532, HB1675, HB1842, HB1868, HB1888, HB1894, HB1943, HB1990, HB2029, HB2061, HB2286, HB2523, HB2622, HB2626, HB2652, HB2692, HB2842, HB2885, HB2914, HB3016, HB3096, HB3129, HB3248, HB3251, HB3255, HB3479, HB3611, HB3623, HB3701, HB3724, HB3803, HB3804, HB3805, HB3806, HB3810, HB3816, HB3832, HB3887, HB4127, HB4129, HB4130, HB4131, HB4163, HB4187, HB4229, HB4238, HB4454, HB4588, HB4643, HB4736, HB4738, HB4739, HB4945, HB5015, HB5616, SB767, SB1619, SB1738, HCR77
VT

Vermont 2025-2026 Regular Session

Senate Session - 2026-02-17 - 9:30AM

Vermont Senate Floor Meeting

Transcript Highlights:
  • Section 1364 provides certified commercial solids applicators with a rebuttable presumption they are
  • Section 1364 provides certified commercial salt applicators with a rebuttable presumption they are in
  • is due to gross negligence or reckless is due to gross negligence or reckless disregard,<00:24:46.400
  • they are in compliance with presumption they are in compliance with water<00:24:56.960> discharge
  • engaged in gross negligence or reckless engaged in gross negligence or reckless disregard<00:30:
Keywords: 927, senate, all
AL

Alabama 2025 Regular Session

Alabama House Judiciary Committee Feb 19th, 2025

Judiciary

Transcript Highlights:
  • much clearer in establishing when an officer acts within the scope of his duties and when he may be reckless
  • That's not... you know, he wasn't reckless or malicious or intentional in that.
  • And in fact, there is a presumption that the language is presumptive, to where a judge... ...language
  • is presumptive to where a judge has to almost search for a legitimate reason for a police action and
  • He was not wrong, and that type of presumption I can tell you that... Now, I don't...
CA
Transcript Highlights:
  • still have to explore issues of negligence, duty of care, whether it's reasonable, whether it's reckless
  • important bill that sets up a minimal guardrail to prevent future harms from taking place and from reckless
  • That shouldn't shift the presumption in a way that's anti-consumer.
  • Number one is you automatically get the presumption under this bill if you return the key and file a
  • It adds a presumption. It's an extra. It's an extra.
Summary: The Assembly Privacy and Consumer Protection Committee heard several bills on AI, social media, rental cars, and account deletion. AB 316 by Assemblymember Krell would bar defendants from avoiding liability by claiming an AI system autonomously caused harm. Supporters argued it would preserve accountability as AI grows more powerful, especially in cases involving children, while opponents said existing tort law already covers these issues and warned the bill could create uncertainty and overbroad liability. The bill passed the committee 8-1. AB 656 by Assemblymember Schiavo, sponsored by Consumer Federation of California, would make it easier for users to delete social media accounts and personal information, with amendments shifting the deletion prompt into settings rather than on every screen. Supporters said platforms use dark patterns and make deletion unnecessarily difficult; opponents raised concerns about unintended deletions and possible conflicts with existing privacy law, though the author said the bill was being aligned with CCPA. The bill passed 9-0. The committee also approved the consent calendar. AB 1197 by Assemblymember Calderon would address rental car theft and misuse by allowing limited geofencing in specific situations and revising rules around renter liability when keys are returned and a police report is filed. Rental car companies and other supporters said the bill would help recover stolen or abandoned vehicles, while an opponent warned about privacy and possible consumer harms in edge cases. The bill passed 11-0. AB 1374 by Assemblymember Berman would require more upfront disclosure of the total price of rental cars, including mandatory fees, to curb hidden charges; supporters said consumers still face surprise costs, while opponents argued current law already requires disclosure and that the bill’s new wording could invite litigation. It passed 13-0.
ND
Transcript Highlights:
  • Well, as you look in here, you're essentially getting a presumptive fleeing charge.
  • Your insurance wouldn't skyrocket with a presumptive fleeing or whatever the proper terminology they'll
  • Your insurance wouldn't skyrocket with a presumptive fleeing or whatever the proper terminology they'll
  • I don't think we're really trying to say if somebody's fleeing, or if somebody's driving reckless, or
  • And our committee didn't like the presumption at all.
Keywords: 908, all
Summary: The conference committee on House Bill 1229 met to try to resolve differences between the House and Senate versions of the bill, which deals with reporting certain traffic offenses to driving records and, by extension, insurance companies. House members argued that the House position was driven by concern that reporting lower-level offenses would unfairly raise insurance costs, while Senate members said they opposed removing reporting because they wanted transparency and believed people who break the law should face consequences. The discussion focused heavily on whether the bill should continue to exclude offenses at two points and below from reporting, or whether a narrower compromise such as one point and below might be acceptable. Committee members and DOT Driver and Vehicle Director Brad Schaefer reviewed a color-coded list of offenses and how they are currently reported. Schaefer explained that salmon-shaded items automatically appear on driving records because they trigger suspension or revocation, green items are commercial-driver violations that also trigger suspension, and the remaining unshaded zero-, one-, and some two-point violations were the main subject of the conference discussion. Members debated whether some low-point items, such as equipment violations, no child restraint, distracted driving, and failure to use due care, should remain reportable, while acknowledging that serious offenses like fleeing and human trafficking would remain reportable regardless. No final compromise was reached. Several members expressed interest in a possible middle ground limited to one-point-and-below offenses, but others worried the Senate would not accept it. The committee agreed to adjourn and reschedule after members had more time to review the list and consider possible amendments.
FL
Transcript Highlights:
  • maternal care and in other situations when you're going to the hospital, perhaps sometimes it's presumptive
  • care presumptive eligibility.
  • In this current Florida statute to create a presumption in defense to the crime sheltering or aiding
  • The bill provides a proof that the reminder has not attained 18 years of age creates a presumption that
  • the person, the minor's age or acted in reckless disregard this bill creates a defense to the crime
Keywords: 999, senate, all
NV
Transcript Highlights:
  • The presumption of innocence doesn't take holidays off.
  • It's reckless. It would sell out your community members. It's totally unacceptable. You should...
  • It's reckless. It would sell out your community members. It's totally unacceptable.
  • understand that this bill is very long, and some people might have missed that this removes the presumption
  • We got here in a reckless manner. Passing the bill as written is equally reckless.
Bills: AB275, SB371, SB457
FL

Florida 2026 Regular Session

Children, Families, and Elder Affairs Apr 1st, 2025

Children, Families, and Elder Affairs

Transcript Highlights:
  • That presumptive eligibility, as we do in maternal care, is...
  • Thank you. ...that presumptive eligibility, as we do in maternal care, is—and in other situations when
  • Sometimes it's presumptive care, presumptive eligibility, but that might be something we need to look
  • SB 276 amends current Florida statute to create a presumption and defense to the crime of sheltering
  • that the person knew the minor's age or acted in reckless disregard.
Summary: The committee heard and advanced several bills related to children, families, elder affairs, mental health, disability services, and child care. SB 1050 on the Agency for Persons with Disabilities was amended and reported favorably after discussion of expanding the voluntary IDD managed care pilot statewide, improving transparency on the APD wait list, creating a statewide family care council, addressing transition services for youth leaving foster care, and seeking federal approval for an adult pathways waiver. Testimony from providers and a parent emphasized workforce capacity, county-level identification of clients, Medicaid delays, and the importance of keeping the pilot voluntary; the bill passed with support and some discussion about possible future clarifications on services and Medicaid eligibility. The committee also passed SB 1310, which directs OPPAGA to evaluate student mental health outcomes tied to school mental health assistance funding, and members discussed the need for better data, coordination with managing entities, and avoiding duplication of services. SB 976 on court-appointed social investigators was amended and approved, with the sponsor describing due process protections and fee-shifting provisions for parents challenging court-appointed psychologists. SB 886, creating a crisis care coordination team pilot in Volusia and Polk counties to reduce Baker Act recidivism and improve follow-up care, was reported favorably after the sponsor described its law enforcement and community provider partnerships and an independent evaluation requirement. Later, SB 614 on child care facility and program background screening requirements was amended and passed; the bill requires a public educational webpage explaining Level 2 screening, the clearinghouse, disqualifying offenses, exemptions, and related job listings and timelines. Finally, SB 276 on sheltering or aiding unmarried minors was approved; it increases the offense from a first-degree misdemeanor to a third-degree felony, creates a presumption regarding knowledge of the minor’s age, and adds a defense when the conduct was necessary to protect the minor from danger. All bills considered were reported favorably, and the committee adjourned at the end of the meeting.