Arkansas 2023 Regular Session

Arkansas House Bill HB1560 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 727 of the Regular Session
3	2		LHR143 03-16-2023 10:20:59 LHR143
4	3
5	4		State of Arkansas As Engrossed: H3/16/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1560 3
8	7		4
9	8		By: Representative Vaught 5
10	9		By: Senator K. Hammer 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE CHILD MALTREATMENT A CT; TO 9
14	13		CLARIFY THE LAW REGA RDING REPORTS THAT A RE RECEIVED 10
15	14		BY THE CHILD ABUSE H OTLINE CONCERNING AL LEGED VICTIMS 11
16	15		WHO ARE EIGHTEEN YEA RS OF AGE OR OLDER; TO PROHIBIT 12
17	16		ANONYMOUS REPORTING TO THE CHI LD ABUSE HOTLINE; TO 13
18	17		AMEND PENALTIES AND THE STATUTE OF LIMIT ATIONS FOR 14
19	18		FAILURE TO REPORT CH ILD MALTREATMENT; TO AMEND THE 15
20	19		LAW REGARDING WHO IS A MANDATED REPORTER; AND FOR 16
21	20		OTHER PURPOSES. 17
22	21		18
23	22		19
24	23		Subtitle 20
25	24		TO CLARIFY THE LAW REGARDING REP ORTS OF 21
26	25		CHILD MALTREATMENT WITH ALLEGED VICTIMS 22
27	26		WHO ARE EIGHTEEN YEARS OF AGE OR OLDER; 23
28	27		TO PROHIBIT ANONYMOUS REPORTING OF CHILD 24
29	28		MALTREATMENT; AND TO AMEND PENALTIES FOR 25
30	29		FAILURE TO REPORT CHILD MALTREATMENT. 26
31	30		27
32	31		28
33	32		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29
34	33		30
35	34		SECTION 1. Arkansas Code § 5 -1-109(a), concerning the periods of 31
36	35		limitation for the prosecution of certain offenses, is amended to add an 32
37	36		additional subdivision to read as follows: 33
38	37		(4) A prosecution for failure to notify by a mandated 34
39	38		reporter in the first degree, § 12 -18-201, and failure to notify by a 35
40	39		mandated reporter in the second degree, § 12 -18-202, if the child victim in 36 As Engrossed: H3/16/23 HB1560
41	40
42	41		2 03-16-2023 10:20:59 LHR143
43	42
44	43
45	44		question was subject to child maltreatment, may be commenced by the later of 1
46	45		the following: 2
47	46		(A) Ten (10) years after the child victim reaches 3
48	47		eighteen (18) years of age; or 4
49	48		(B) The period of limitation for an offense 5
50	49		underlying the child maltreatment. 6
51	50		7
52	51		SECTION 2. Arkansas Code § 5 -1-109(b)(3)(B), concerning the periods of 8
53	52		limitation for the p rosecution of certain offenses, is amended to read as 9
54	53		follows: 10
55	54		(B) However:, 11
56	55		(i) For failure to notify by a mandated 12
57	56		reporter in the first degree, § 12-18-201, and failure to notify by a 13
58	57		mandated reporter in the second degree, § 12-18-202, the period of limitation 14
59	58		is ten (10) years after the child victim reaches eighteen (18) years of age 15
60	59		if the child in question was subject to child maltreatment; and 16
61	60		(ii) For for a nine-point or greater violation 17
62	61		of an Arkansas State Game and Fish Commission regulation or rule, the period 18
63	62		of limitation is three (3) years; and 19
64	63		20
65	64		SECTION 3. Arkansas Code § 12 -18-201, concerning failure to notify by 21
66	65		a mandated reporter in the first degree, is amended to add an additional 22
67	66		subsection to read as follows: 23
68	67		(c) This section does not apply to a person who is a: 24
69	68		(1) Mandated reporter under § 12 -18-402(b)(42); and 25
70	69		(2) Victim of any of the following committed by the same 26
71	70		offender whom the person observed subjecting a child to abuse, sexual abuse, 27
72	71		or sexual exploitation: 28
73	72		(A) Domestic abuse as defined in § 9 -4-102; 29
74	73		(B) An offense involving physical injury, the threat 30
75	74		or risk of physical injury, or apprehension of imminent physical injury; or 31
76	75		(C) A sex offense as defined in § 12 -12-903. 32
77	76		33
78	77		SECTION 4. Arkansas Code § 12-18-202, concerning failure to notify by 34
79	78		a mandated reporter in the second degree, is amended to add an additional 35
80	79		subsection to read as follows: 36 As Engrossed: H3/16/23 HB1560
81	80
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84	83
85	84		(c) This section does not apply to a person who is a: 1
86	85		(1) Mandated reporter under § 12 -18-402(b)(42); and 2
87	86		(2) Victim of any of the following committed by the same 3
88	87		offender whom the person observed subjecting a child to abuse, sexual abuse, 4
89	88		or sexual exploitation: 5
90	89		(A) Domestic abuse as defined in § 9 -4-102; 6
91	90		(B) An offense involving physical injury, the threat 7
92	91		or risk of physical injury, or apprehension of imminent physical injury; or 8
93	92		(C) A sex offense as defined in § 12 -12-903. 9
94	93		10
95	94		SECTION 5. Arkansas Code § 12 -18-205(b), concerning lawful disclosure 11
96	95		of data or informati on under the Child Maltreatment Act, is amended to read 12
97	96		as follows: 13
98	97		(b) Unlawful disclosure of data or information under this 14
99	98		chapter is a Class A misdemeanor an unclassified misdemeanor and subject to a 15
100	99		fine of up to five thousand dollars ($5,000) or i mprisonment of up to one (1) 16
101	100		year, or both. 17
102	101		18
103	102		SECTION 6. Arkansas Code § 12 -18-302(b)-(d), concerning reports by 19
104	103		mandated reporters, is amended to read as follows: 20
105	104		(b) Facsimile transmission and online Online reporting may be 21
106	105		used in nonemergency situa tions by an identified mandated reporter under this 22
107	106		chapter who provides the following contact information: 23
108	107		(1) Name and phone number; and 24
109	108		(2) In the case of online reporting, the The email address 25
110	109		of the identified mandated reporter under this cha pter. 26
111	110		(c) The Child Abuse Hotline shall provide confirmation of the 27
112	111		receipt of a facsimile transmission via a return facsimile transmission or 28
113	112		report made via online receipt submission. 29
114	113		(d) A mandated reporter under this chapter who wishes to remain 30
115	114		anonymous shall make a report through the Child Abuse Hotline toll -free 31
116	115		telephone system. 32
117	116		33
118	117		SECTION 7. Arkansas Code § 12 -18-303(e)(1), concerning minimum 34
119	118		requirements for a report to be accepted by the Child Abuse Hotline, is 35
120	119		amended to read as follows: 36 As Engrossed: H3/16/23 HB1560
121	120
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123	122
124	123
125	124		(e)(1)(A)(i) A report of child maltreatment that does not meet the 1
126	125		requirements of subsection (a) of this section shall not be accepted by the 2
127	126		Child Abuse Hotline. 3
128	127		(ii) The Child Abuse Hotline shall document a report 4
129	128		of an allegation of abuse, sexual abuse, or sexual exploitation of an alleged 5
130	129		victim who is eighteen (18) years of age or older and refer the report to 6
131	130		local law enforcement for criminal investigation if the alleged victim is: 7
132	131		(a) Enrolled in high school; or 8
133	132		(b) In the extended foster care program under 9
134	133		§ 9-28-114. 10
135	134		(B) The Child Abuse Hotline may accept a report of child 11
136	135		maltreatment that does not meet the requirements of subsection (a) of this 12
137	136		section if sufficient information is provided to accept the report under §§ 13
138	137		12-18-304 — 12-18-310. 14
139	138		(C) The Child Abuse Hotline shall not accept an anonymous 15
140	139		report. 16
141	140		17
142	141		SECTION 8. Arkansas Code § 12 -18-402(b), concerning individuals who 18
143	142		are mandated reporters under the Child Maltreatment Act, is amended to add an 19
144	143		additional subdivision to read as follows: 20
145	144		(42) A person who is eighteen (18) years of age or older 21
146	145		and observes abuse, sexual abuse, or sexual exploitation of a child. 22
147	146		23
148	147		SECTION 9. Arkansas Code § 12 -18-601(b)(2)(B), concerning procedures 24
149	148		established by the D epartment of Human Services for the investigation of an 25
150	149		allegation of child maltreatment, is amended to read as follows: 26
151	150		(B) The procedures established by the Department of Human 27
152	151		Services shall require the: 28
153	152		(i) Closure of an investigation if there is no 29
154	153		evidence to support the report of child maltreatment other than the report 30
155	154		made to the Child Abuse Hotline; 31
156	155		(ii) Closure of an investigation if there is 32
157	156		insufficient detail to investigate the report of child maltreatment; 33
158	157		(iii)(a) Closure of an investigation that is based 34
159	158		on an allegation made by an anonymous reporter if there is no evidence to 35
160	159		corroborate the report of child maltreatment after the investigating agency 36 As Engrossed: H3/16/23 HB1560
161	160
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164	163
165	164		has conducted a preliminary investigation to determine whether there is any 1
166	165		evidence to corroborate the report of child maltreatment. 2
167	166		(b) A preliminary investigation shall include: 3
168	167		(1) An interview with the alleged 4
169	168		victim; 5
170	169		(2) A visit to the home of the alleged 6
171	170		victim if appropriate given the type of child maltreatment alleged; and 7
172	171		(3) Evidence from a collateral witness; 8
173	172		(iv)(iii) Closure of an investigation if: 9
174	173		(a) There has not been an additional report of 10
175	174		abuse or neglect that has been committed by the alleged offender who is the 11
176	175		subject of the current report; 12
177	176		(b) The investigator reviews the prior history 13
178	177		of child maltreatment related to the family of the child and to the alleged 14
179	178		offender and determines that the health and safety of the child can be 15
180	179		assured without further investigation by the Department of Human Services or 16
181	180		the Division of Arkansas State Police; and 17
182	181		(c) The investigator determines that abuse or 18
183	182		neglect of the child did not occur; and 19
184	183		(v)(iv) Approval of the: 20
185	184		(a) Director of the Division of Children and 21
186	185		Family Services of the Department of Human Services or his or her designee 22
187	186		for the administrative closure of an investigation that is conducted by the 23
188	187		Department of Human Services; or 24
189	188		(b) Director of the Division of Arkansas State 25
190	189		Police or his or her designee for the administrative closure of an 26
191	190		investigation conducted by the Division of Arkansas State Police. 27
192	191		28
193	192		/s/Vaught 29
194	193		30
195	194		31
196		-	~~APPROVED: 4/12/23~~ 32
	195	+	32
197	196		33
198	197		34
199	198		35
200	199		36