Criminal Law

 

 

  HB 1003   Wells Allows seizure of homesteads as part of a forfeiture claim for a controlled substance offense as authorized under 5-64-505.

 

Bill History: 11-15-06 H Filed
01-08-07 H Introduced and referred to H-Revenue and Taxation
03-06-07 H Meeting set for 10:00 a.m. - Room 151 H-Revenue and Taxation

 

  HB 1004   Wells Amends the enhanced penalty provisions for the manufacture of methamphetamine in the presence of minors, adding elderly and incompetent persons as equal infractions.
Bill History: 03-01-07 S Passed (Vote: Y: 35/N: 0)
03-01-07 H Received in the House - Sent to Governor
03-05-07 G Signed by the Governor (Act: 200 )

 

  HB 1012   Abernathy Requires Crime Information Center and State Police to disseminate certain records of expunged offenses which disqualify persons from licensure and employment in certain fields (child welfare, nursing, social work, EMS, etc.)
Bill History: 03-13-07 H Placed on the House calendar
03-13-07 H House amendment 1 (Abernathy) adopted
03-30-07 H Meeting set for 8:30 a.m. - Room 130 H-Aging, Children, Legislative & Mil

 

  HB 1013   Creekmore
Broadway
Provides increased penalties for repeat offenses of indecent exposure and increases the penalty for Internet stalking of a child when a meeting does not take place from a Class C felony to a Class B felony.
Bill History: 01-29-07 S Emergency clause adopted
01-29-07 H Received in the House - Sent to Governor
01-30-07 G Signed by the Governor (Act: 38 )

 

  HB 1014   Creekmore
Broadway
Authorizes the issuance of sexual assault protection orders by circuit courts; creates the criminal offense of Violation of a Sexual Assault Protection Order as a Class D felony.
Bill History: 11-30-06 H Filed
01-08-07 H Introduced and referred to H-Judiciary
03-15-07 H Meeting set for 10:00 a.m. - Room 149 H-Judiciary

 

  HB 1015   George Repeals the criminal offense for selling athletic and music entertainment event tickets at a price greater than that printed on the ticket (scalping).
Bill History: 02-22-07 H 1 Amendment(s) Filed
02-23-07 H House amendment 1 (George) adopted
03-29-07 H Meeting set for Upon Adjournment - Room 428 H-Rules

 

  HB 1022   Sample
Smith, T.
Requires a booking fee of $20 be assessed to all persons convicted of a felony or Class A misdemeanor, with fee revenue dedicated to maintenance, operation, and capital expenditures of the county jail or regional detention facility.
Bill History: 02-15-07 H House concurred in Senate amendment No. 1
02-15-07 H Received in the House - Sent to Governor
02-15-07 G Signed by the Governor (Act: 117 )

 

  HB 1025   Creekmore
Salmon
Prohibits courts from awarding custody or unsupervised visitation to persons required to register as sex offenders except where the court makes a specific finding that the sex offender poses no danger to the child.
Bill History: 02-05-07 S Passed (Vote: Y: 34/N: 0)
02-06-07 H Received in the House - Sent to Governor
02-06-07 G Signed by the Governor (Act: 56 )

 

  HB 1027   Burris Authorizes use of deadly physical force in defense of a person in certain circumstances and creates presumption the person using deadly force believed the other person was engaging in certain described conduct.
Bill History: 02-14-07 H House amendment 2 (Burris) adopted
02-15-07 H Committee Motion for Do Pass Failed (Vote: Y: 9/N: 0)
03-15-07 H Meeting set for 10:00 a.m. - Room 149 H-Judiciary

 

  HB 1041   Walters
Wilkinson
Requires courts to send to the juvenile's school counselor a copy of any court order restricting the juvenile's contact with another juvenile; requires the school to keep the information confidential.
Bill History: 02-02-07 H House concurred in Senate amendment No. 1
02-02-07 H Received in the House - Sent to Governor
02-02-07 G Signed by the Governor (Act: 49 )

 

  HB 1068   Ragland Expands the definition and protection of archeological sites; increases the penalty for violations of archeological sites from a fine to a Class D felony if the objects are valued over $1,000 and a misdemeanor if less than $1,000.
Bill History: 03-01-07 H House concurred in Senate amendment No. 1
03-01-07 H Received in the House - Sent to Governor
03-06-07 G Signed by the Governor (Act: 217 )

 

  HB 1103   Brown, E. Provides that criminal history information for noncriminal justice purposes shall not be disseminated when the charge is nolle prossed or dismissed or the person is acquitted at trial.
Bill History: 02-05-07 S Passed (Vote: Y: 34/N: 0)
02-06-07 H Received in the House - Sent to Governor
02-06-07 G Signed by the Governor (Act: 59 )

 

  HB 1123   Saunders Creates a criminal offense of aggravated cruelty to animals; exempts lawful hunting, fishing, scientific testing conducted in a lab or institution, and other; sets penalty as Class D felony.
Bill History: 02-05-07 H 1 Amendment(s) Filed
02-06-07 H House amendment 1 (Saunders) adopted
03-20-07 H Meeting set for 10:00 a.m. - Room 130 H-Public Health, Welfare and Labor

 

  HB 1199   Cook
Miller
Allows law enforcement officers to arrest without warrant persons engaging in disorderly conduct on public school property.
Bill History: 02-09-07 H Placed on the House calendar
02-09-07 H House amendment 2 (Cook) adopted
03-30-07 H Meeting set for 7:30 a.m. - Room 138 H-Education

 

  HB 1230   Patterson Establishes a six-year waiting period after a denial of executive clemency before another application can be made by persons sentenced to life imprisonment without parole.
Bill History: 02-23-07 H House concurred in Senate amendment No. 3
02-23-07 H Received in the House - Sent to Governor
03-01-07 G Signed by the Governor (Act: 183 )

 

  HB 1235   Medley
Taylor
Repeals the provision that carrying a knife with a blade over 3 1/2" is prima facie proof that the knife is carried as a weapon.
Bill History: 02-08-07 S Placed on the Senate calendar
02-08-07 S Passed (Vote: Y: 35/N: 0)
02-09-07 G Signed by the Governor (Act: 83 )

 

  HB 1274   Creekmore
Bookout
Requires the Higher Education Coordinating Board to promulgate guidelines for the disclosure to students of information regarding a sex offender and for institutions of higher education to adopt a written policy using the guidelines.
Bill History: 02-21-07 S Passed (Vote: Y: 35/N: 0)
02-21-07 H Received in the House - Sent to Governor
02-23-07 G Signed by the Governor (Act: 147 )

 

  HB 1309   Creekmore
Thompson
Creates the offense of nonfinancial identity fraud, a Class D felony; enhances penalties for both financial and nonfinancial identity fraud if the victim is an elder or disabled person; provides for court-ordered restitution to victims.
Bill History: 02-08-07 S Placed on the Senate calendar
02-08-07 S Passed (Vote: Y: 35/N: 0)
02-09-07 G Signed by the Governor (Act: 85 )

 

  HB 1311   Cook Changes the age threshold for victims of the offense of criminal indecency with a child from 15 years old to 18 and stipulates that the victim is not the person's spouse.
Bill History: 03-22-07 S Passed (Vote: Y: 35/N: 0)
03-23-07 H Received in the House - Sent to Governor
03-28-07 G Signed by the Governor (Act: 531 )

 

  HB 1321   Hardy Clarifies the timeframe an insurance producer has for notifying the Insurance Commissioner of any administrative or criminal action taken against the producer.
Bill History: 03-14-07 S Passed (Vote: Y: 35/N: 0)
03-15-07 H Received in the House - Sent to Governor
03-19-07 G Signed by the Governor (Act: 330 )

 

  HB 1322   Hardy Clarifies language prohibiting insurance producers from allowing unlicensed persons to engage in the business of insurance on behalf of the producer.
Bill History: 03-14-07 S Passed (Vote: Y: 35/N: 0)
03-15-07 H Received in the House - Sent to Governor
03-19-07 G Signed by the Governor (Act: 331 )

 

  HB 1333   Johnson, D. Creates new offenses of interference with emergency communications in the first degree and in the second degree
Bill History: 02-22-07 S Placed on the Senate calendar
02-22-07 S Passed (Vote: Y: 34/N: 0)
02-28-07 G Signed by the Governor (Act: 162 )

 

  HB 1334   Johnson, D. Adds a penalty classification for second and subsequent offenses of obstructing governmental operations.
Bill History: 02-22-07 S Placed on the Senate calendar
02-22-07 S Passed (Vote: Y: 34/N: 0)
02-28-07 G Signed by the Governor (Act: 163 )

 

  HB 1341   Prater Authorizes sheriffs to use alternative detention methods for persons sentenced to county jails.
Bill History: 03-12-07 S Placed on the Senate calendar
03-12-07 S Passed (Vote: Y: 33/N: 0)
03-16-07 G Signed by the Governor (Act: 300 )

 

  HB 1401   Rosenbaum Increases the penalty for transporting a minor for prohibited sexual conduct from a Class C felony to a Class A felony; changes definition of the "conduct" from "prohibited sexual conduct" to "sexually explicit conduct".
Bill History: 03-06-07 S Passed (Vote: Y: 35/N: 0)
03-06-07 H Received in the House - Sent to Governor
03-09-07 G Signed by the Governor (Act: 248 )

 

  HB 1421   Sumpter Creates the Legislative Task Force for Review of Sex Offenses Involving Minors; prescribes task force duties to study and recommend changes.
Bill History: 03-28-07 S Meeting set for 10:00 a.m. - Room 171 S-Judiciary
03-29-07 S Placed on the Senate calendar
03-28-07 S Reported from committee - Do pass S-Judiciary

 

  HB 1458   Dunn Lists as a sex offense any felony-homicide criminal offense in which the underlying felony is a named sex offense.
Bill History: 03-01-07 S Passed (Vote: Y: 35/N: 0)
03-01-07 H Received in the House - Sent to Governor
03-05-07 G Signed by the Governor (Act: 210 )

 

  HB 1463   Overbey Adds transporting a minor dependent to or from school or childcare to the list of exceptions for which a person with a suspended or revoked driver's license may operate a motor vehicle.
Bill History: 02-12-07 H Filed
02-12-07 H Introduced and referred to H-Public Transportation
03-29-07 H Meeting set for 10:00 a.m. - Room 428 H-Public Transportation

 

  HB 1473   Hutchinson Expands the offense of video voyeurism to include use of concealed equipment to record or view parts of a person's body for which the person has a reasonable expectation of privacy.
Bill History: 02-26-07 S Placed on the Senate calendar
02-26-07 S Passed (Vote: Y: 35/N: 0)
03-01-07 G Signed by the Governor (Act: 187 )

 

  HB 1474   Hall
Madison
Changes the penalty for selling blue lights to any person, firm or corporation other than a "certified" law enforcement officer from a Class A misdemeanor to a Class D felony; sets same penalty for unauthorized persons buying blue lights.
Bill History: 03-23-07 S Placed on the Senate calendar
03-23-07 S Senate amendment 1 (Whitaker) adopted
03-30-07 S Meeting set for 8:00 a.m. - Room 309 S-Judiciary

 

  HB 1475   Powers Specifies juvenile courts may prosecute a person 18 years of age for a felony or misdemeanor committed when the juvenile was younger than 18.
Bill History: 03-05-07 S Emergency clause adopted
03-06-07 H Received in the House - Sent to Governor
03-09-07 G Signed by the Governor (Act: 257 )

 

  HB 1489   Cooper
Miller
Creates the criminal offense of unlawful dog attack as a Class A misdemeanor and authorizes the court or jury to require defendant to pay restitution for injuries caused by the attack.
Bill History: 03-05-07 S Passed (Vote: Y: 35/N: 0)
03-06-07 H Received in the House - Sent to Governor
03-09-07 G Signed by the Governor (Act: 258 )

 

  HB 1501   Adcock Creates a special DWI license plate for use by individuals who are required to use an ignition interlock device for a third or subsequent DWI offense. Specifies that the plate be bright pink and display the letters DWI.
Bill History: 02-14-07 H Filed
02-15-07 H Introduced and referred to H-Public Transportation
03-29-07 H Meeting set for 10:00 a.m. - Room 428 H-Public Transportation

 

  HB 1505   Jeffrey Makes improperly influencing the development, reporting, result, or review of a real estate appraisal a Class A misdemeanor.
Bill History: 03-22-07 S Placed on the Senate calendar
03-22-07 S Senate amendment 1 (G. Jeffress) adopted
03-30-07 S Meeting set for 8:00 a.m. - Room 309 S-Judiciary

 

  HB 1510   Davis Repeals obsolete provisions of the Omnibus DWI Act relating to offenses committed prior to March 21, 1983.
Bill History: 03-01-07 S Passed (Vote: Y: 35/N: 0)
03-01-07 H Received in the House - Sent to Governor
03-05-07 G Signed by the Governor (Act: 214 )

 

  HB 1520   Smith, L.
Capps
Requires the court award compensation for attorney's fees in Freedom of Information cases regardless of the justification for the defendant's position, including those cases where the State is the defendant (no sovereign immunity).
Bill History: 02-15-07 H Filed
02-16-07 H Introduced and referred to H-State Agencies
03-30-07 H Meeting set for 8:00 a.m. - Room 151 H-State Agencies

 

  HB 1564   Creekmore
Salmon
Prohibits registered sex offenders from living within two thousand feet of victims and makes various changes to registration requirements; requires the ACIC publish the sex offender list, with pictures, on the main state website.
Bill History: 03-19-07 H House concurred in Senate amendments No. 1
03-19-07 H Received in the House - Sent to Governor
03-21-07 G Signed by the Governor (Act: 394 )

 

  HB 1569   Walters
Wilkinson
Adds requirement persons convicted of a felony obscenity offense may be sentenced to pay a fine of up to $250,000 if the defendant derived pecuniary gain from the commission of the offense.
Bill History: 03-12-07 S Passed (Vote: Y: 33/N: 0)
03-12-07 S Emergency clause adopted
03-19-07 G Signed by the Governor (Act: 346 )

 

  HB 1581   Moore Adds violation of outdoor burn bans to the list of Class A misdemeanors for unlawful burning; authorizes the continuance of an official local disaster emergency declaration for 120 days (previously limited to 60 days).
Bill History: 03-19-07 S Passed (Vote: Y: 35/N: 0)
03-20-07 H Received in the House - Sent to Governor
03-23-07 G Signed by the Governor (Act: 465 )

 

  HB 1619   Burris Increases the penalty for the offense of destruction or removal of a cemetery or grave marker from a Class D to a Class C felony.
Bill History: 03-07-07 H Placed on the House calendar
03-07-07 H House concurred in Senate amendment No. 1
03-09-07 G Signed by the Governor (Act: 265 )

 

  HB 1660   Hyde Provides for administrative suspension of driver's license at the time of arrest for a violation of the offense of possession of fraudulent personal identification.
Bill History: 03-29-07 H Reported from committee - Do pass H-Public Transportation
03-30-07 H Placed on the House calendar
03-30-07 H House concurred in Senate amendment No. 1

 

  SB 12   Miller
Creekmore
Authorizes courts to appoint an attorney for the sole purpose of conducting the closed-circuit examination of the child in a sex offense case when the defendant is acting as attorney pro se.
Bill History: 01-25-07 S Passed (Vote: Y: 35/N: 0)
01-25-07 H Received in the House - Referred to H-Judiciary
03-15-07 H Meeting set for 10:00 a.m. - Room 149 H-Judiciary

 

  SB 216   Hendren Prohibits the temporary release of nonviolent felony sex offenders who are awaiting transfer to the Department of Correction or Community Correction.
Bill History: 03-12-07 H Passed (Vote: Y: 96/N: 0)
03-12-07 S Received in the Senate - Sent to Governor
03-16-07 G Signed by the Governor (Act: 279 )

 

  SB 246   Wilkinson
Pate
Amends the definition of "imminent danger to health or safety" in the Adult Maltreatment Custody Act.
Bill History: 02-16-07 H Passed (Vote: Y: 94/N: 0)
02-20-07 S Received in the Senate - Sent to Governor
02-21-07 G Signed by the Governor (Act: 135 )

 

  SB 264   Wilkins Creates the offense of hate crime, specifying enhanced penalties for each classification of underlying offense, when the offense is committed with the intent to interfere with First Amendment rights or is based on race, religion, ancestry, etc.
Bill History: 03-27-07 S Emergency clause adopted
03-27-07 H Received in the House - Referred to H-Judiciary
03-30-07 H Meeting set for Upon Adjournment - Room 149 H-Judiciary

 

  SB 272   Smith, T.
Reep
Amends criminal law provisions to expand the definition of drug paraphernalia, which currently mentions only certain substances, to cover any controlled substance; adds aluminum foil boat to the list of objects covered.
Bill History: 02-28-07 H Passed (Vote: Y: 91/N: 0)
03-01-07 S Received in the Senate - Sent to Governor
03-05-07 G Signed by the Governor (Act: 199 )

 

  SB 288   Broadway Specifies that habitual offenders may be sentenced to pay any fine authorized by law for the felony conviction.
Bill History: 03-28-07 H Received in the House - Referred to H-Judiciary
03-30-07 H Placed on the House calendar
03-30-07 H Passed (Vote: Y: 94/N: 0)

 

  SB 296   Wilkins
Davenport
Requires the Arkansas Crime Information Center provide pharmacies with access to a real-time electronic logbook to log purchases of pseudoephedrine products; requires the logbook provide immediate information regarding purchase limitations.
Bill History: 03-20-07 H Passed (Vote: Y: 87/N: 0)
03-21-07 S Received in the Senate - Sent to Governor
03-27-07 G Signed by the Governor (Act: 508 )

 

  SB 301   Salmon Revises various portions of adult maltreatment protection laws, including emergency custody, probable cause hearings, and long-term care facility resident maltreatment. (similar to SB 300)
Bill History: 02-14-07 S Filed
02-14-07 S Introduced and referred to S-Judiciary
03-30-07 S Meeting set for 8:00 a.m. - Room 309 S-Judiciary

 

  SB 331   Thompson
Brown, E.
Revises child maltreatment prevention law, adding social workers in hospitals to the list of persons from whom the child abuse hotline must accept a report of neglect, requires investigation within 24 hours of allegations of neglect.
Bill History: 03-12-07 H Passed (Vote: Y: 93/N: 0)
03-12-07 S Received in the Senate - Sent to Governor
03-16-07 G Signed by the Governor (Act: 284 )

 

  SB 333   Malone Adds to the list of Schedule IV controlled substances any material or preparation containing any quantity of tramadol or any of its salts, isomers, or salts of isomers.
Bill History: 03-23-07 H Passed (Vote: Y: 87/N: 0)
03-26-07 S Received in the Senate - Sent to Governor
03-29-07 G Signed by the Governor (Act: 585 )

 

  SB 369   Madison
Webb
Revises various provisions of the Child Maltreatment Act, including an expansion of the definition of sexual abuse, abuse hotline reporting, investigation of allegations, and examination of the alleged victim.
Bill History: 03-27-07 H Passed (Vote: Y: 95/N: 0)
03-28-07 S Received in the Senate - Sent to Governor
03-29-07 G Signed by the Governor (Act: 586 )