04/10/2003 03:35 PM Senate STA

      HB   2-CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES                                                                      
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  bill  sponsor, explained  this                                                                    
was a  cleanup bill  and was brought  to their  attention by                                                                    
the  Revisor of  Statutes. It  clarifies which  misdemeanors                                                                    
and  which  felonies  involving sexual  assault  and  sexual                                                                    
abuse of a  minor should have a three year  civil statute of                                                                    
limitations   and   which   should  have   no   statute   of                                                                    
limitations. In  the original bill,  HB 210, his  intent was                                                                    
to  drop  the criminal  statute  of  limitations for  felony                                                                    
sexual assault  and sexual  abuse of a  minor. The  bill was                                                                    
amended  on  the  floor  to include  the  civil  statute  of                                                                    
limitations  as well.  Inadvertently,  the amendment  didn't                                                                    
reference felony sexual  abuse of a minor  and felony sexual                                                                    
assault to any  particular sections of the  criminal code so                                                                    
it was  uncertain which felonies were  intended. Because the                                                                    
amendment didn't  make any  provision for  misdemeanors, all                                                                    
the misdemeanors dropped from three years to two years.                                                                         
                                                                                                                                
The crimes that were  inadvertently changed were misdemeanor                                                                    
sexual  assault,  misdemeanor  sexual   abuse  of  a  minor,                                                                    
incest, felony indecent  exposure, and unlawful exploitation                                                                    
of  a minor.  Prior to  the floor  amendment the  statute of                                                                    
limitations for  these crimes was three  years. In addition,                                                                    
unlawful  exploitation  of  a  minor, which  is  a  class  B                                                                    
felony, would have no statute of limitations.                                                                                   
                                                                                                                                
The  bill  has  a  retroactive clause  because  they  didn't                                                                    
intend for the indirect change that occurred.                                                                                   
                                                                                                                                
SENATOR  FRED  DYSON  assumed the  Department  of  Law,  the                                                                    
Attorney General and the Department  of Public Safety agreed                                                                    
with the bill.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  MEYERS assured  him  that  was correct.  Ms.                                                                    
Finley  would ordinarily  have been  present  as Revisor  of                                                                    
Statutes, but she had another commitment.                                                                                       
                                                                                                                                
CHAIR GARY STEVENS asked for a motion.                                                                                          
                                                                                                                                
SENATOR  DYSON made  a  motion  to move  CSHB  2 (JUD)  from                                                                    
committee with individual  recommendations and attached zero                                                                    
fiscal notes.