2025 – Constitutional Competence Category #3: Fourth, Fifth and Eighth Amendments
2025 bills reviewed for this category:
- HB0264 Central bank digital currencies-prohibitions.
- HB0234 Second Amendment Financial Privacy Act amendments
- SF009 Restoration of rights amendments.
- SF0022 Ground for termination of parental rights-guardianship.
The first three bills required an “Aye” vote; the last bill required a “Nay” vote.
FOURTH & FIFTH AMENDMENTS
United States Constitution, Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
United States Constitution, Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
HB0264 Central bank digital currencies-prohibitions.
Central bank digital currencies are a form of money that exist only in digital form and as such automatically creates a spending and purchasing history of citizens – which would immediately violate their privacy. An “Aye” vote preserves 4th Amendment protections for a person to be secure in their persons, houses, papers and effects against unreasonable searches. Additionally 5th Amendment protections are preserved that a person is not deprived of life, liberty or property without due process of law, nor that a person would be compelled to be a witness against himself.
House Third Reading Vote
2/10/2025 H 3rd Reading:Passed 50-9-3-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, K, Chestek, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Posey, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Thayer, Wasserburger, Webb, Webber, Wharff, Williams, Wylie, Yin
Nays: Representative(s) Campbell, E, Harshman, Larsen, Nicholas, Provenza, Sherwood, Storer, Styvar, Washut
Excused: Representative(s) Riggins, Tarver, Winter
Ayes 50 Nays 9 Excused 3 Absent 0 Conflicts 0
Senate Third Reading Vote
2/21/2025 S 3rd Reading:Passed 29-2-0-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, French, Gierau, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Rothfuss, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Driskill
Ayes 29 Nays 2 Excused 0 Absent 0 Conflicts 0
HB0234 Second Amendment Financial Privacy Act amendments
Protects both 4th and 5th Amendment rights of individuals who purchase firearms, ammunition and any firearm accessories.
House Third Reading Vote
2/10/2025 H 3rd Reading:Passed 56-3-3-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Ottman, Pendergraft, Posey, Provenza, Rodriguez-Williams, Schmid, Sherwood, Singh, Smith, Strock, Styvar, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Wylie, Yin
Nays: Representative(s) Chestek, Nicholas, Storer
Excused: Representative(s) Riggins, Tarver, Winter
Ayes 56 Nays 3 Excused 3 Absent 0 Conflicts 0
Senate Third Reading Vote
2/21/2025 S 3rd Reading:Failed 14-17-0-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Boner, Crum, Dockstader, French, Hicks, Ide, Mckeown, Pearson, Salazar, Scott, Smith, Steinmetz
Nays: Senator(s) Biteman, Brennan, Case, Cooper, Crago, Driskill, Gierau, Hutchings, Jones, Kolb, Landen, Laursen, Nethercott, Olsen, Pappas, Rothfuss, Schuler
Ayes 14 Nays 17 Excused 0 Absent 0 Conflicts 0
EIGHTH AMENDMENT
United States Constitution, Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
SF009 Restoration of rights amendments.
Required an “Aye” vote. The incarceration of a person is punishment for crimes they were convicted of. Once their time has been served, they have paid their debt to society and deserve restoration of their constitutional rights. Depriving a person of their constitutional rights after they have fulfilled their sentence would be cruel and unusual punishment – which violates the 8th Amendment. This bill is not perfect but moves in a positive direction towards restoration of constitutional rights of those previously convicted.
House Third Reading Vote
2/27/2025 H 3rd Reading:Passed 60-0-2-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, E, Campbell, K, Chestek, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Jarvis, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Nicholas, Ottman, Pendergraft, Posey, Provenza, Riggins, Rodriguez-Williams, Schmid, Sherwood, Singh, Smith, Storer, Strock, Styvar, Tarver, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Wylie, Yin
Excused: Representative(s) Thayer, Winter
Ayes 60 Nays 0 Excused 2 Absent 0 Conflicts 0
Senate Third Reading Vote
1/28/2025 S 3rd Reading:Passed 27-2-2-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Dockstader, Driskill, Hicks, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Rothfuss, Salazar, Schuler, Scott, Smith
Nays: Senator(s) French, Hutchings
Excused: Senator(s) Gierau, Steinmetz
Ayes 27 Nays 2 Excused 2 Absent 0 Conflicts 0
SF0022 Ground for termination of parental rights-guardianship.
Required a “Nay” vote. This bill created a new provision to terminate parental rights when a child has been in a guardian’s care for at least twenty-four (24) consecutive months.
The bill failed to consider if a parent was incarcerated or hospitalized for 24 months or longer.
“Fitness” of a parent is a real concern in today’s society. This bill however took a cavalier ‘one size fits all‘ approach and places the burden of proving parental fitness on people who are likely already limited in financial resources.
In addition to their incarceration, terminating the rights of a parent because they are incarcerated for twenty-four (24) consecutive months inflicts cruel and unusual punishment to the parent – which violates the 8th Amendment of the United States Constitution.
Termination of parental rights is near impossible to ever reverse and could cost a tremendous amount of time and money for any individual attempting to restore their parental rights.
It is shocking that this bill became law. Constitutionally conscientious legislators should attempt to amend or repeal the law enacted by this bill, which was sponsored by Senator Wendy Schuler.
House Third Reading Vote
3/4/2025 H 3rd Reading:Passed 44-17-1-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brown, L, Byron, Campbell, E, Campbell, K, Chestek, Clouston, Davis, Eklund, Erickson, Filer, Geringer, Haroldson, Harshman, Hoeft, Kelly, Knapp, Larsen, Larson, Lawley, Mccann, Neiman, Nicholas, Ottman, Posey, Riggins, Rodriguez-Williams, Schmid, Singh, Styvar, Tarver, Thayer, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Winter, Wylie
Nays: Representative(s) Brady, Bratten, Brown, G, Connolly, Guggenmos, Heiner, Jarvis, Johnson, Lien, Locke, Pendergraft, Provenza, Sherwood, Smith, Storer, Strock, Yin
Excused: Representative Lucas
Ayes 44 Nays 17 Excused 1 Absent 0 Conflicts 0
Senate Third Reading Vote
2/11/2025 S 3rd Reading:Passed 19-11-1-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, Hicks, Hutchings, Jones, Landen, Laursen, Olsen, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Biteman, Case, French, Gierau, Ide, Kolb, Mckeown, Nethercott, Pearson, Rothfuss, Salazar
Excused: Senator Pappas
Ayes 19 Nays 11 Excused 1 Absent 0 Conflicts 0