Arkansas 2023 Regular Session

Arkansas Senate Bill SB399 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.
2	2	MBM145 03/09/2023 01:31:29 PM MBM145
3	3
4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 SENATE BILL 399 3
7	7	4
8	8	By: Senator A. Clark 5
9	9	6
10	10	For An Act To Be Entitled 7
11	11	AN ACT TO AMEND ARKA NSAS LAW CONCERNING THE USE OF 8
12	12	CELLULAR TELEPHONES OR OTHER COMMUNICATI ON DEVICES IN 9
13	13	COURTHOUSES AND COUR TROOMS; AND FOR OTHE R PURPOSES. 10
14	14	11
15	15	12
16	16	Subtitle 13
17	17	TO AMEND ARKANSAS LAW CONCERNING THE USE 14
18	18	OF CELLULAR TELEPHONES OR OTHER 15
19	19	COMMUNICATION DEVICES IN COURTHOUSES AND 16
20	20	COURTROOMS. 17
21	21	18
22	22	19
23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
24	24	21
25	25	SECTION 1. Arkansas Code Title 16, Chapter 10, Subchapter 1, is 22
26	26	amended to add an additional section to read as follows: 23
27	27	16-10-142. Use of cellular telephones in courthouse or courtroom. 24
28	28	(a) As used in this section, "court" means: 25
29	29	(1) The Supreme Court; 26
30	30	(2) The Court of Appeals; 27
31	31	(3) A circuit court; or 28
32	32	(4) A district court. 29
33	33	(b) An individual attendi ng a session of a court in this state shall 30
34	34	not be prohibited from bringing a cellular telephone or other communication 31
35	35	device into: 32
36	36	(1) The courthouse; or 33
37	37	(2) A courtroom during a session of the court. 34
38	38	(c) Except as otherwise provided in this se ction, an individual shall 35
39	39	not be prohibited from using his or her cellular telephone or other 36 SB399
40	40
41	41	2 03/09/2023 01:31:29 PM MBM145
42	42
43	43
44	44	communication device in any manner while in a courthouse but outside of a 1
45	45	courtroom, including without limitation: 2
46	46	(1) Talking on the cellular telephone or ot her communication 3
47	47	device; and 4
48	48	(2) Engaging in written communications through a cellular 5
49	49	telephone or other communication device, including without limitation text 6
50	50	messaging. 7
51	51	(d) This section does not prohibit a court from: 8
52	52	(1) Restricting an ind ividual from talking on a cellular 9
53	53	telephone or other communication device in a courtroom during a session of 10
54	54	the court; or 11
55	55	(2) Requiring that an individual silence his or her cellular 12
56	56	telephone or other communication device so that it does not make aud ible 13
57	57	sounds in a courtroom during a session of the court. 14
58	58	(e)(1) Except as otherwise provided in this section, a court shall not 15
59	59	prohibit an individual from engaging in the use of the individual's cellular 16
60	60	telephone or other communication device for view ing written content for 17
61	61	entertainment purposes, including without limitation reading material. 18
62	62	(2) Subdivision (e)(1) of this section does not apply to a party 19
63	63	to a court proceeding, including without limitation: 20
64	64	(A) The plaintiff or the defendan t; or 21
65	65	(B) The legal counsel for the plaintiff or the defendant. 22
66	66	(f)(1) If an individual is selected as a juror, this section shall not 23
67	67	apply to the individual while: 24
68	68	(A) The individual is in the courthouse; 25
69	69	(B) The court is in session; 26
70	70	(C) The jury is deliberating; or 27
71	71	(D) The jury is sequestered. 28
72	72	(2) An individual serving as a juror shall abide by the 29
73	73	direction of the court regarding his or her use of a cellular telephone or 30
74	74	other communication device while in the courthous e, while the court is in 31
75	75	session, while the jury is deliberating, or while the jury is sequestered. 32
76	76	33
77	77	34
78	78	35
79	79	36