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.