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Are Prior Actions Taken Under a Law Still Valid if the Law is Changed

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  • 07-28-2018, 02:48 PM
    Martin18
    Are Prior Actions Taken Under a Law Still Valid if the Law is Changed
    My question involves civil rights in the State of: Washington.

    I am currently involved in a campaign to seek amendment of a law recently signed by the WA governor, based on the unintended consequences of a particular article. (The article likely violates both contract law and civil rights.) Initial consultations with legislators indicate that they agree with our position and that there is every prospect the amendment will occur during next year's session.

    My question relates to the validity of actions taken before then, as permitted by the relevant article in the new law. If the that article is repealed or amended, will that automatically nullify any actions taken on the basis of the article in the intervening period? Or will those actions be treated as having been legal for that period, and therefore stand?

    Thanks for your advice!
  • 07-28-2018, 03:18 PM
    adjusterjack
    Re: Unintended Consequences of a Law
    Quote:

    Quoting Martin18
    View Post
    If the that article is repealed or amended, will that automatically nullify any actions taken on the basis of the article in the intervening period? Or will those actions be treated as having been legal for that period, and therefore stand?

    No, not automatically.

    The repeal would have to say so.

    Examples:

    People who went to jail for violating the Volstead Act stayed in jail after the Volstead Act was repealed.

    People who paid fines for violating the national 55 mile per hour speed limit never got their money back after that law was changed.
  • 07-28-2018, 03:19 PM
    PayrolGuy
    Re: Unintended Consequences of a Law
    No one that did something while it was legal can be later charged if that act becomes illegal unless they continue to do the act after it has become illegal.
  • 07-28-2018, 03:26 PM
    adjusterjack
    Re: Unintended Consequences of a Law
    Quote:

    Quoting PayrolGuy
    View Post
    No one that did something while it was legal can be later charged if that act becomes illegal unless they continue to do the act after it has become illegal.

    I think maybe OP is asking for the reverse.

    If somebody was convicted for something while it was illegal could the conviction automatically be overturned when the act became legal.

    I'm thinking not automatically unless the repeal or amendment says so.
  • 07-28-2018, 03:35 PM
    PayrolGuy
    Re: Unintended Consequences of a Law
    AJ, upon rereading I agree. I also agree that unless the amendment specifically acts retroactively it would have no effect on any past act.

    It would be helpful though if OPs would just say what they are talking about.
  • 07-28-2018, 03:36 PM
    cbg
    Re: Unintended Consequences of a Law
    I'm reading it the same way as AJ and I agree.

    On the other hand, if the OP does mean what PayrolGuy is reading, I agree with him too.

    Regardless of the direction, it will depend on what the amendment says.
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