Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1542 3
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By: Representative Vaught 5
By: Senator K. Hammer 6
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT F ACSIMILE REPORTS TO THE CHILD 9
ABUSE HOTLINE UNDER THE CHILD MALTREATME NT ACT; TO 10
PROHIBIT ANONYMOUS R EPORTING TO THE CHIL D ABUSE 11
HOTLINE UNDER THE CH ILD MALTREATMENT ACT ; TO AMEND 12
THE LAW CONCERNING P ENALTIES FOR FAILURE TO REPORT BY 13
A MANDATED REPORTER UN DER THE CHILD MALTRE ATMENT ACT; 14
TO EXTEND THE STATUT E OF LIMITATIONS FOR FAILURE TO 15
REPORT BY A MANDATED REPORTER; TO AMEND T HE LIST OF 16
PERSONS WHO ARE MAND ATED REPORTERS; AND FOR OTHER 17
PURPOSES. 18
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Subtitle 21
TO PROHIBIT ANONYMOUS REPO RTING TO THE 22
CHILD ABUSE HOTLINE; TO AMEND PENALTIES 23
AND THE STATUTE OF LIMITATIONS FOR 24
FAILURE TO REPORT CHILD MALTREATMENT; AND 25
TO AMEND THE LAW REGARDING WHO IS A 26
MANDATED REPORTER. 27
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30
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SECTION 1. Arkansas Code § 5 -1-109(a), concerning the periods of 32
limitation for the prosecution of certain offenses, is amended to add a new 33
subdivision to read as follows: 34
(3) For failure to notify by a mandated reporter in the first 35
degree, § 12-18-201, and failure to notify by a mandated reporter in the 36 HB1542
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second degree, § 12-18-202, if the child victim in question was subject to 1
child maltreatment, the period of limitation for commencement of a 2
prosecution is the later of the following: 3
(A) Ten (10) years after the child victim reaches eighteen 4
(18) years of age; or 5
(B) The period of limitation for an offense underlying the 6
child maltreatment. 7
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SECTION 2. Arkansas Code § 5 -1-109(b)(3), concerning the period of 9
limitations for a misdemeanor or violation, is amended to read as follows: 10
(3)(A) Misdemeanor or violation, one (1) year. 11
(B) However:, 12
(i) For failure to notify by a mandated reporter in 13
the first degree, § 12-18-201, and failure to notify by a mandated reporter 14
in the second degree, § 12-18-202, the period of limitation is ten (10) years 15
after the child victim reaches eighteen (18) years of age if the child in 16
question was subject to child maltreatment; and 17
(ii) For for a nine-point or greater violation of an 18
Arkansas State Game and Fish Commission regulation or rule, the period of 19
limitation is three (3) years; and 20
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SECTION 3. Arkansas Code § 12 -18-201, concerning failure to notify by 22
a mandated reporter in the first degree under the Child Maltreatment Act, is 23
amended to add additional subsections to read as follows: 24
(c) Failure to notify by a mandated reporter in the first degree is a 25
Class D felony if the person is a mandated reporter under § 12 -18-402(b)(42). 26
(d) This section does not apply to a person who is a: 27
(1) Mandated reporter under § 12 -18-402(b)(42); and 28
(2) Victim of any of the following committed by the same 29
offender whom the person observed subjecting a child to abuse, sexual abuse, 30
or sexual exploitation: 31
(A) Domestic abuse as defined in § 9-4-102; 32
(B) An offense involving physical injury, the threat or 33
risk of physical injury, or apprehension of imminent physical injury; or 34
(C) A sex offense as defined in § 12 -12-903. 35
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SECTION 4. Arkansas Code § 12 -18-202, concerning failure to notify by 1
a mandated reporter in the second degree under the Child Maltreatment Act, is 2
amended to add additional subsections to read as follows: 3
(c) Failure to notify by a mandated reporter in the second degree is a 4
Class A misdemeanor if the person is a mandated reporter under § 12 -18-5
402(b)(42). 6
(d) This section does not apply to a person who is a: 7
(1) Mandated reporter under § 12 -18-402(b)(42); and 8
(2) Victim of any of the following committed by the same 9
offender whom the person observed su bjecting a child to abuse, sexual abuse, 10
or sexual exploitation; 11
(A) Domestic abuse as defined in § 9 -4-102; 12
(B) An offense involving physical injury, the threat or 13
risk of physical injury, or apprehension of imminent physical injury; or 14
(C) A sex offense as defined in § 12 -12-903. 15
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SECTION 5. Arkansas Code § 12 -18-302 is amended to read as follows: 17
12-18-302. Reports by mandated reporters. 18
(a) As prescribed under this section, a mandated reporter under this 19
chapter may report child maltreatment or suspected child maltreatment by 20
telephone call, facsimile transmission, or online reporting. 21
(b) Facsimile transmission and online Online reporting may be used in 22
nonemergency situations by an identified mandated reporter under this chapter 23
who provides the following contact information: 24
(1) Name and phone number; and 25
(2) In the case of online reporting, the The email address of 26
the identified mandated reporter under this chapter. 27
(c) The Child Abuse Hotline shall provide confirmation of the receipt 28
of a facsimile transmission via a return facsimile transmission or report 29
made via online receipt submission. 30
(d) A mandated reporter under this chapter who wishes to remain 31
anonymous shall make a report through the Child Abuse Hotline toll-free 32
telephone system. 33
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SECTION 6. Arkansas Code § 12 -18-402(b), concerning individuals who 35
are mandated reporters under the Child Maltreatment Act, is amended to add an 36 HB1542
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additional subdivision to read as follows: 1
(42) A person who is eighteen (18) yea rs of age or older and 2
observes abuse, sexual abuse, or sexual exploitation of a child, regardless 3
of the person's occupation. 4
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SECTION 7. Arkansas Code § 12 -18-601(b)(2)(B), concerning procedures 6
established by the Department of Human Services for the i nvestigation of an 7
allegation of child maltreatment, is amended to read as follows: 8
(B) The procedures established by the Department of Human 9
Services shall require the: 10
(i) Closure of an investigation if there is no 11
evidence to support the report of child maltreatment other than the report 12
made to the Child Abuse Hotline; 13
(ii) Closure of an investigation if there is 14
insufficient detail to investigate the report of child maltreatment; 15
(iii)(a) Closure of an investigation that is based 16
on an allegation made by an anonymous reporter if there is no evidence to 17
corroborate the report of child maltreatment after the investigating agency 18
has conducted a preliminary investigation to determine whether there is any 19
evidence to corroborate the report of child maltreatment. 20
(b) A preliminary investigation shall include: 21
(1) An interview with the alleged 22
victim; 23
(2) A visit to the home of the alleged 24
victim if appropriate given the type of child maltreatment alleged; and 25
(3) Evidence from a collateral witness; 26
(iv)(iii) Closure of an investigation if: 27
(a) There has not been an additional report of 28
abuse or neglect that has been committed by the alleged offender who is the 29
subject of the current report; 30
(b) The investigator reviews the prior history 31
of child maltreatment related to the family of the child and to the offender 32
and determines that the health and safety of the child can be assured without 33
further investigation by the Department of Human Services or the Division of 34
Arkansas State Police; and 35
(c) The investigator determines that abuse or 36 HB1542
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neglect of the child did not occur; and 1
(v)(iv) Approval of the: 2
(a) Director of the Division of Children and 3
Family Services of the Department of Human Services or his or her designee 4
for the administrative closure of an investigation that is conducted by the 5
Department of Human Services; or 6
(b) Director of the Division of Arkansas State 7
Police or his or her designee for the administrative closure of an 8
investigation conducted by the Division of Arkansas State Police. 9
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