Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1263 3
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By: Representatives Unger, Lundstrum 5
By: Senator M. McKee 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE OFFENSE OF UNLAWFUL REMOVAL OR 9
FAILURE TO CHARGE AN ELECTRONIC MONITORING DEVICE; 10
AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO CREATE THE OFFENSE OF UNLAWFUL 15
REMOVAL OR FAILURE TO CHARGE AN 16
ELECTRONIC MONITORING DEVICE. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 5, Chapter 54, Subchapter 1, is amended 21
to add an additional section to read as follows: 22
5-54-123. Unlawful removal or failure to charge an electronic 23
monitoring device. 24
(a) As used in this section: 25
(1) "Electronic monitoring device" means an electronic device 26
approved by the Board of Corrections that meets the minimum Federal 27
Communications Commission regulations and requirements and that utilizes 28
available technology that is able to track a person's location and monitor 29
his or her location; and 30
(2) "Pending charge” means a charge that results from an arrest 31
or issuance of a citation or criminal summons, or after the filing of an 32
information or indictment, and that has not been resolved by acquittal, 33
conviction, dismissal, or nolle prosequi. 34
(b) A person commits unlawful removal or failure to charge an 35
electronic monitoring device if, being ordered to wear an electronic 36 HB1263
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monitoring device as a condition of probation, parole, post -release 1
supervision, or release on a pending charge or disposition of a charge: 2
(1) The person knowingly removes the electronic monitoring 3
device from his or her body; or 4
(2) The person knowingly fails to properly charge the electronic 5
monitoring device and the failure to properly charge the electronic 6
monitoring device prevents the electronic monitoring device from tracking or 7
monitoring the person's location. 8
(c) It is a defense to prosecution under this section that the: 9
(1) Removal of the electronic monitoring device or failure to 10
charge the electronic monitoring device was due to an emergency condition or 11
unforeseen circumstance; and 12
(2) Defendant acted as a reasonable person in the defendant's 13
position would act. 14
(d) Unlawful removal or failure to charge an electronic monitoring 15
device is a Class A misdemeanor. 16
(e) Upon conviction for unlawful removal or failure to charge an 17
electronic monitoring device, a defendant shall be ordered to pay restitution 18
for the cost of repair or replacement of the electronic monitoring device if 19
the electronic monitoring device was damaged, lost, or destroyed. 20
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