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