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Committee delays vote on bill to reduce wiretap offense from felony to misdemeanor after amendment filed
Summary
House Bill 130, which would downgrade the penalty for unlawful wiretapping from a felony to a misdemeanor, was discussed but held for later action after an amendment was submitted that changes the statute of limitations to five years and removes a $10,000 restitution cap.
House Bill 130, a measure that would change the criminal penalty for unlawful wiretapping from a felony to a misdemeanor, was discussed March 14 but not acted on; the committee held the item for later consideration.
Delegate Grammer notified the committee that she had filed an amendment. "So to remind the committee what the bill does is it changes the penalty for a wiretap from a felony to a misdemeanor ... the amendment does 2 things, changes the statute of limitations to 5 years, it also opens the cap on restitutions which is otherwise set at $10,000 for just for this crime," Grammer said. The amendment was described by other members as raising constitutional concerns about opening restitution beyond the existing cap.
One committee member cautioned that modifying restitution rules could "open the door" to claims that would be difficult to manage in a criminal case. Another member asked to defer action to allow more time to review the amendment; the chair agreed to place the bill toward the end of the voting list and revisit it later in the session.
No final vote on House Bill 130 was recorded in the transcript; the committee deferred further action to allow members time to read the amendment and locate the reprint.
The discussion makes clear the committee's concerns center on balancing criminal-record consequences against victim remedies and constitutional limits on restitution, and the item remains pending in committee.
