Arkansas 2023 Regular Session

Arkansas House Bill HB1542 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 HOUSE BILL 1542 3
7	7	4
8	8	By: Representative Vaught 5
9	9	By: Senator K. Hammer 6
10	10	7
11	11	For An Act To Be Entitled 8
12	12	AN ACT TO PROHIBIT F ACSIMILE REPORTS TO THE CHILD 9
13	13	ABUSE HOTLINE UNDER THE CHILD MALTREATME NT ACT; TO 10
14	14	PROHIBIT ANONYMOUS R EPORTING TO THE CHIL D ABUSE 11
15	15	HOTLINE UNDER THE CH ILD MALTREATMENT ACT ; TO AMEND 12
16	16	THE LAW CONCERNING P ENALTIES FOR FAILURE TO REPORT BY 13
17	17	A MANDATED REPORTER UN DER THE CHILD MALTRE ATMENT ACT; 14
18	18	TO EXTEND THE STATUT E OF LIMITATIONS FOR FAILURE TO 15
19	19	REPORT BY A MANDATED REPORTER; TO AMEND T HE LIST OF 16
20	20	PERSONS WHO ARE MAND ATED REPORTERS; AND FOR OTHER 17
21	21	PURPOSES. 18
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23	23	20
24	24	Subtitle 21
25	25	TO PROHIBIT ANONYMOUS REPO RTING TO THE 22
26	26	CHILD ABUSE HOTLINE; TO AMEND PENALTIES 23
27	27	AND THE STATUTE OF LIMITATIONS FOR 24
28	28	FAILURE TO REPORT CHILD MALTREATMENT; AND 25
29	29	TO AMEND THE LAW REGARDING WHO IS A 26
30	30	MANDATED REPORTER. 27
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32	32	29
33	33	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30
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35	35	SECTION 1. Arkansas Code § 5 -1-109(a), concerning the periods of 32
36	36	limitation for the prosecution of certain offenses, is amended to add a new 33
37	37	subdivision to read as follows: 34
38	38	(3) For failure to notify by a mandated reporter in the first 35
39	39	degree, § 12-18-201, and failure to notify by a mandated reporter in the 36 HB1542
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44	44	second degree, § 12-18-202, if the child victim in question was subject to 1
45	45	child maltreatment, the period of limitation for commencement of a 2
46	46	prosecution is the later of the following: 3
47	47	(A) Ten (10) years after the child victim reaches eighteen 4
48	48	(18) years of age; or 5
49	49	(B) The period of limitation for an offense underlying the 6
50	50	child maltreatment. 7
51	51	8
52	52	SECTION 2. Arkansas Code § 5 -1-109(b)(3), concerning the period of 9
53	53	limitations for a misdemeanor or violation, is amended to read as follows: 10
54	54	(3)(A) Misdemeanor or violation, one (1) year. 11
55	55	(B) However:, 12
56	56	(i) For failure to notify by a mandated reporter in 13
57	57	the first degree, § 12-18-201, and failure to notify by a mandated reporter 14
58	58	in the second degree, § 12-18-202, the period of limitation is ten (10) years 15
59	59	after the child victim reaches eighteen (18) years of age if the child in 16
60	60	question was subject to child maltreatment; and 17
61	61	(ii) For for a nine-point or greater violation of an 18
62	62	Arkansas State Game and Fish Commission regulation or rule, the period of 19
63	63	limitation is three (3) years; and 20
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65	65	SECTION 3. Arkansas Code § 12 -18-201, concerning failure to notify by 22
66	66	a mandated reporter in the first degree under the Child Maltreatment Act, is 23
67	67	amended to add additional subsections to read as follows: 24
68	68	(c) Failure to notify by a mandated reporter in the first degree is a 25
69	69	Class D felony if the person is a mandated reporter under § 12 -18-402(b)(42). 26
70	70	(d) This section does not apply to a person who is a: 27
71	71	(1) Mandated reporter under § 12 -18-402(b)(42); and 28
72	72	(2) Victim of any of the following committed by the same 29
73	73	offender whom the person observed subjecting a child to abuse, sexual abuse, 30
74	74	or sexual exploitation: 31
75	75	(A) Domestic abuse as defined in § 9-4-102; 32
76	76	(B) An offense involving physical injury, the threat or 33
77	77	risk of physical injury, or apprehension of imminent physical injury; or 34
78	78	(C) A sex offense as defined in § 12 -12-903. 35
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84	84	SECTION 4. Arkansas Code § 12 -18-202, concerning failure to notify by 1
85	85	a mandated reporter in the second degree under the Child Maltreatment Act, is 2
86	86	amended to add additional subsections to read as follows: 3
87	87	(c) Failure to notify by a mandated reporter in the second degree is a 4
88	88	Class A misdemeanor if the person is a mandated reporter under § 12 -18-5
89	89	402(b)(42). 6
90	90	(d) This section does not apply to a person who is a: 7
91	91	(1) Mandated reporter under § 12 -18-402(b)(42); and 8
92	92	(2) Victim of any of the following committed by the same 9
93	93	offender whom the person observed su bjecting a child to abuse, sexual abuse, 10
94	94	or sexual exploitation; 11
95	95	(A) Domestic abuse as defined in § 9 -4-102; 12
96	96	(B) An offense involving physical injury, the threat or 13
97	97	risk of physical injury, or apprehension of imminent physical injury; or 14
98	98	(C) A sex offense as defined in § 12 -12-903. 15
99	99	16
100	100	SECTION 5. Arkansas Code § 12 -18-302 is amended to read as follows: 17
101	101	12-18-302. Reports by mandated reporters. 18
102	102	(a) As prescribed under this section, a mandated reporter under this 19
103	103	chapter may report child maltreatment or suspected child maltreatment by 20
104	104	telephone call, facsimile transmission, or online reporting. 21
105	105	(b) Facsimile transmission and online Online reporting may be used in 22
106	106	nonemergency situations by an identified mandated reporter under this chapter 23
107	107	who provides the following contact information: 24
108	108	(1) Name and phone number; and 25
109	109	(2) In the case of online reporting, the The email address of 26
110	110	the identified mandated reporter under this chapter. 27
111	111	(c) The Child Abuse Hotline shall provide confirmation of the receipt 28
112	112	of a facsimile transmission via a return facsimile transmission or report 29
113	113	made via online receipt submission. 30
114	114	(d) A mandated reporter under this chapter who wishes to remain 31
115	115	anonymous shall make a report through the Child Abuse Hotline toll-free 32
116	116	telephone system. 33
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118	118	SECTION 6. Arkansas Code § 12 -18-402(b), concerning individuals who 35
119	119	are mandated reporters under the Child Maltreatment Act, is amended to add an 36 HB1542
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124	124	additional subdivision to read as follows: 1
125	125	(42) A person who is eighteen (18) yea rs of age or older and 2
126	126	observes abuse, sexual abuse, or sexual exploitation of a child, regardless 3
127	127	of the person's occupation. 4
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129	129	SECTION 7. Arkansas Code § 12 -18-601(b)(2)(B), concerning procedures 6
130	130	established by the Department of Human Services for the i nvestigation of an 7
131	131	allegation of child maltreatment, is amended to read as follows: 8
132	132	(B) The procedures established by the Department of Human 9
133	133	Services shall require the: 10
134	134	(i) Closure of an investigation if there is no 11
135	135	evidence to support the report of child maltreatment other than the report 12
136	136	made to the Child Abuse Hotline; 13
137	137	(ii) Closure of an investigation if there is 14
138	138	insufficient detail to investigate the report of child maltreatment; 15
139	139	(iii)(a) Closure of an investigation that is based 16
140	140	on an allegation made by an anonymous reporter if there is no evidence to 17
141	141	corroborate the report of child maltreatment after the investigating agency 18
142	142	has conducted a preliminary investigation to determine whether there is any 19
143	143	evidence to corroborate the report of child maltreatment. 20
144	144	(b) A preliminary investigation shall include: 21
145	145	(1) An interview with the alleged 22
146	146	victim; 23
147	147	(2) A visit to the home of the alleged 24
148	148	victim if appropriate given the type of child maltreatment alleged; and 25
149	149	(3) Evidence from a collateral witness; 26
150	150	(iv)(iii) Closure of an investigation if: 27
151	151	(a) There has not been an additional report of 28
152	152	abuse or neglect that has been committed by the alleged offender who is the 29
153	153	subject of the current report; 30
154	154	(b) The investigator reviews the prior history 31
155	155	of child maltreatment related to the family of the child and to the offender 32
156	156	and determines that the health and safety of the child can be assured without 33
157	157	further investigation by the Department of Human Services or the Division of 34
158	158	Arkansas State Police; and 35
159	159	(c) The investigator determines that abuse or 36 HB1542
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164	164	neglect of the child did not occur; and 1
165	165	(v)(iv) Approval of the: 2
166	166	(a) Director of the Division of Children and 3
167	167	Family Services of the Department of Human Services or his or her designee 4
168	168	for the administrative closure of an investigation that is conducted by the 5
169	169	Department of Human Services; or 6
170	170	(b) Director of the Division of Arkansas State 7
171	171	Police or his or her designee for the administrative closure of an 8
172	172	investigation conducted by the Division of Arkansas State Police. 9
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