House committee finds amendments favorable after debate over look-back for new offenses and privacy language

A House committee on Thursday, Feb. 5, considered amendments related to bill 626 that would extend how far back civil liability can reach for offenses that were criminalized after the conduct occurred. Representative Van Donahue presented concerns about the amendment’s language and its potential effects on privacy and liability.

Representative Van Donahue told the committee she had five issues to flag, including wording that she said could be “very broad” and might sweep in private conduct such as photos taken of children in private spaces. She said some provisions might be better handled in separate legislation. “The first one was about undergarment clad… I was concerned about how broad that might be,” Van Donahue said.

Van Donahue also described a consistency problem in civil statutes of limitation and said the amendment raises fairness questions about the period during which civil suits could be brought. She argued the look-back period should begin when the conduct was placed on fair notice as criminal conduct, noting that the two sections at issue have different enactment dates: one from 2005 and the other from 2015.

She said, and committee members agreed, that because these are newly created crimes the date when the act became criminal should govern the beginning of any extended look-back, rather than applying an unlimited retroactive window. Van Donahue signaled she would ask on the floor to divide the amendment and to withdraw its first section so the body could consider the remaining, narrower changes.

During questioning, a member identified as Tom asked whether an individual could still file a civil suit if the conduct was not a crime at the time it occurred. Committee members responded that ordinary civil claims remain possible, but the particular change in this amendment concerns how far back civil liability can reach for these newly defined offenses; the standard civil statute of limitations is six years.

The chair moved to find the second and third amendments favorable; a second was obtained and members were asked to raise their hands in favor. The motion carried. The committee concluded its meeting and adjourned until the following day.

The action recorded in the committee was a finding that the second and third amendments are favorable; the full House will take up the amendment division and any withdrawals on the floor.