Legislature(2003 - 2004)
04/28/2003 01:20 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 2-CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES
CHAIR SEEKINS announced HB 2 to be up for consideration.
MS. SUZANNE CUNNINGHAM, staff to Representative Kevin Meyer,
said that HB 2 is a clean up bill to HB 210, which passed in the
2001 session. It clarifies which misdemeanors and which felonies
involving sexual assault and sexual abuse of a minor have a
three-year statute of limitations and which have no statute of
limitation. She told members:
In the original bill, HB 210, the criminal statute of
limitation for felony sexual assault and sexual abuse
or a minor was removed and that was the original
intent. However, when HB 210 came to the House floor,
an amendment was adopted that eliminated the civil
statute of limitation for felony sexual abuse of a
minor and felony sexual assaults. The one thing the
amendment did not do is reference the particular
crimes in the criminal code. So, it was uncertain
which felonies were intended to have no civil statute
of limitation and which ones would have a three year
or two year civil statute of limitation. It also
didn't make a special provision for misdemeanor sexual
abuse and sexual assaults. So, indirectly the civil
statute of limitations for those misdemeanors dropped
back to two years for torts, in general.
The crimes that were inadvertently changed by the
floor amendment were misdemeanor sexual assaults,
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 set at three years.
So, under HB 2, which is before the committee,
unlawful exploitation of a minor, which is a class B
felony, is added to the list of felony sexual assault
crimes with no civil statute of limitation.
Misdemeanor sexual assaults, misdemeanor sexual abuse
of a minor, incest, and felony indecent exposure are
reestablished at three years for the civil statute of
limitation.
She said that HB 2 has a retroactive clause because the 22nd
Legislature did not intend the indirect change that occurred
with the floor amendment. She said the title was amended to
clarify that the civil actions are limited to the civil actions
for acts constituting sexual offenses.
SENATOR OGAN said he is struggling with the retroactive
provision. He thought that would make this bill ripe for
litigation and asked, "Why don't we just say from now forward?"
SENATOR ELLIS arrived at 1:35 p.m.
MS. CUNNINGHAM replied that while working with the revisor of
statutes on this legislation, they discussed the retroactive
clause and it was clearly not the intent of the legislature to
change the statute of limitations. They feared that there might
be people who would not have the opportunity to seek civil
recourse pertaining to the crimes.
SENATOR OGAN said again that he thought this language was
inviting litigation.
CHAIR SEEKINS said he was confused about the statute of
limitations that was to start on October 1, 2001; anything
beyond that date is outside the statute of limitations and
anything within that date is within the statutes of limitations
that are created by this law.
REPRESENTATIVE MEYER explained that he did not want the
amendment to adversely impact anyone that fell in the gap of
ambiguity. Basically, this is a cleanup bill of what was not
captured in the amendment made by the minority leader on the
House floor.
SENATOR FRENCH said he wanted a couple of days to look into the
statute of limitations issue and bring the bill up at the next
reasonable time frame.
CHAIR SEEKINS announced that there were no objections to holding
the bill and it would be brought up on another day.
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