| 3 | 2 | | *CEB052* 01/27/2025 2:57:08 PM CEB052 |
|---|
| 4 | 3 | | State of Arkansas 1 |
|---|
| 5 | 4 | | 95th General Assembly A Bill 2 |
|---|
| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1263 3 |
|---|
| 7 | 6 | | 4 |
|---|
| 8 | 7 | | By: Representatives Unger, Lundstrum 5 |
|---|
| 9 | 8 | | By: Senator M. McKee 6 |
|---|
| 10 | 9 | | 7 |
|---|
| 11 | 10 | | For An Act To Be Entitled 8 |
|---|
| 12 | 11 | | AN ACT TO CREATE THE OFFENSE OF UNLAWFUL REMOVAL OR 9 |
|---|
| 13 | 12 | | FAILURE TO CHARGE AN ELECTRONIC MONITORING DEVICE; 10 |
|---|
| 14 | 13 | | AND FOR OTHER PURPOSES. 11 |
|---|
| 15 | 14 | | 12 |
|---|
| 16 | 15 | | 13 |
|---|
| 17 | 16 | | Subtitle 14 |
|---|
| 18 | 17 | | TO CREATE THE OFFENSE OF UNLAWFUL 15 |
|---|
| 19 | 18 | | REMOVAL OR FAILURE TO CHARGE AN 16 |
|---|
| 20 | 19 | | ELECTRONIC MONITORING DEVICE. 17 |
|---|
| 21 | 20 | | 18 |
|---|
| 22 | 21 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
|---|
| 23 | 22 | | 20 |
|---|
| 24 | 23 | | SECTION 1. Arkansas Code Title 5, Chapter 54, Subchapter 1, is amended 21 |
|---|
| 25 | 24 | | to add an additional section to read as follows: 22 |
|---|
| 26 | 25 | | 5-54-123. Unlawful removal or failure to charge an electronic 23 |
|---|
| 27 | 26 | | monitoring device. 24 |
|---|
| 28 | 27 | | (a) As used in this section: 25 |
|---|
| 29 | 28 | | (1) "Electronic monitoring device" means an electronic device 26 |
|---|
| 30 | 29 | | approved by the Board of Corrections that meets the minimum Federal 27 |
|---|
| 31 | 30 | | Communications Commission regulations and requirements and that utilizes 28 |
|---|
| 32 | 31 | | available technology that is able to track a person's location and monitor 29 |
|---|
| 33 | 32 | | his or her location; and 30 |
|---|
| 34 | 33 | | (2) "Pending charge” means a charge that results from an arrest 31 |
|---|
| 35 | 34 | | or issuance of a citation or criminal summons, or after the filing of an 32 |
|---|
| 36 | 35 | | information or indictment, and that has not been resolved by acquittal, 33 |
|---|
| 37 | 36 | | conviction, dismissal, or nolle prosequi. 34 |
|---|
| 38 | 37 | | (b) A person commits unlawful removal or failure to charge an 35 |
|---|
| 39 | 38 | | electronic monitoring device if, being ordered to wear an electronic 36 HB1263 |
|---|
| 40 | 39 | | |
|---|
| 41 | 40 | | 2 01/27/2025 2:57:08 PM CEB052 |
|---|
| 42 | 41 | | monitoring device as a condition of probation, parole, post -release 1 |
|---|
| 43 | 42 | | supervision, or release on a pending charge or disposition of a charge: 2 |
|---|
| 44 | 43 | | (1) The person knowingly removes the electronic monitoring 3 |
|---|
| 45 | 44 | | device from his or her body; or 4 |
|---|
| 46 | 45 | | (2) The person knowingly fails to properly charge the electronic 5 |
|---|
| 47 | 46 | | monitoring device and the failure to properly charge the electronic 6 |
|---|
| 48 | 47 | | monitoring device prevents the electronic monitoring device from tracking or 7 |
|---|
| 49 | 48 | | monitoring the person's location. 8 |
|---|
| 50 | 49 | | (c) It is a defense to prosecution under this section that the: 9 |
|---|
| 51 | 50 | | (1) Removal of the electronic monitoring device or failure to 10 |
|---|
| 52 | 51 | | charge the electronic monitoring device was due to an emergency condition or 11 |
|---|
| 53 | 52 | | unforeseen circumstance; and 12 |
|---|
| 54 | 53 | | (2) Defendant acted as a reasonable person in the defendant's 13 |
|---|
| 55 | 54 | | position would act. 14 |
|---|
| 56 | 55 | | (d) Unlawful removal or failure to charge an electronic monitoring 15 |
|---|
| 57 | 56 | | device is a Class A misdemeanor. 16 |
|---|
| 58 | 57 | | (e) Upon conviction for unlawful removal or failure to charge an 17 |
|---|
| 59 | 58 | | electronic monitoring device, a defendant shall be ordered to pay restitution 18 |
|---|
| 60 | 59 | | for the cost of repair or replacement of the electronic monitoring device if 19 |
|---|
| 61 | 60 | | the electronic monitoring device was damaged, lost, or destroyed. 20 |
|---|
| 62 | 61 | | 21 |
|---|
| 63 | 62 | | 22 |
|---|