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Senate advances computer‑forfeiture bill for child sex crimes amid privacy concerns
Summary
House Bill 173, authorizing forfeiture of computer equipment used in child sex crimes, was advanced to third reading after debate over safeguards; sponsor and supporters said forfeiture requires conviction and proof of direct and personal control, while opponents warned about shared machines and server‑hosted content.
The Senate advanced House Bill 173 on Feb. 28, 2000, a measure that permits forfeiture of computer equipment used in crimes involving sexual exploitation of children, but only after conviction and where the defendant exercised direct and personal control over the device.
Sponsor Senator Julander said the bill is narrowly crafted and emphasized that a forfeiture may not occur prior to conviction. "No," the sponsor said when asked whether the bill allows forfeiture prior to trial; "You must be convicted of the crime before...anything is forfeited." The bill text was cited on the floor to require proof of direct and personal control over the equipment, a provision supporters said protects innocent owners.
Opponents raised technical and due‑process concerns. Senator Allen and others said shared computers, company servers and covert file placement could expose innocent people to forfeiture and result in unfair seizures of critical business systems. Senator Allen said he remained philosophically opposed to forfeitures even where technical safeguards exist.
Supporters, including Senator Montgomery, argued the measure bolsters efforts to combat child exploitation on the Internet and noted prior interim work by task forces and committees on the problem.
The Senate recorded passage of HB173 to the third reading calendar with 17 aye votes, 8 nay votes and 4 absent.
