Arkansas 2025 Regular Session

Arkansas House Bill HB1355 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 171 of the Regular Session
3	2		CEB114 01/31/2025 10:50:53 AM CEB114
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1355 3
7	6		4
8	7		By: Representatives Gazaway, M. Shepherd 5
9	8		By: Senators C. Tucker, J. Bryant 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 OF 9
13	12		THE ARKANSAS CODE CONCERNING CRIMINAL OFFENSES; AND 10
14	13		FOR OTHER PURPOSES. 11
15	14		12
16	15		13
17	16		Subtitle 14
18	17		TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 15
19	18		OF THE ARKANSAS CODE CONCERNING CRIMINAL 16
20	19		OFFENSES. 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 § 5 -4-703(a)(8), concerning additional fines 21
25	24		for offenses committed against or in the presence of a child, is amended to 22
26	25		read as follows to remove a reference to an offense that does not exist: 23
27	26		(8) Sexual indecency with a child, § 5 -14-110, if the offense is 24
28	27		a felony or Class A misdemeanor , indecent exposure, § 5 -14-112, sexual 25
29	28		assault in the third degree, § 5 -14-126, or sexual assault in the fourth 26
30	29		degree, § 5-14-127; 27
31	30		28
32	31		SECTION 2. Arkansas Code § 5 -5-101(i), concerning disposition of 29
33	32		contraband and seized property, is amended to read as follows to clarify 30
34	33		references: 31
35	34		(i)(1) A law enforcement agency disposing of contraband or seized 32
36	35		property under this section shall maintain a written report that includes 33
37	36		without limitation: 34
38	37		(A) A list and description, including without limitation a 35
39	38		serial number, of all property disposed, traded for credit, or sold at 36 HB1355
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42	41		auction; 1
43	42		(B) The dollar amount of any credit obtained by the law 2
44	43		enforcement agency and the contact information for the federally licensed 3
45	44		firearms dealer with which the credit is held; 4
46	45		(C) The dollar amount of any funds received at auction and 5
47	46		where the funds were deposited; and 6
48	47		(D) An explanation for any credit used, including without 7
49	48		limitation a description of items purchased with the credit and the dollar 8
50	49		amount of the purchase. 9
51	50		(2) The written report required under subdivision (i)(1) of this 10
52	51		section shall be provided: 11
53	52		(A) To the elected body that oversees the finances and 12
54	53		operations of the law enforcement agency; and 13
55	54		(B) Within thirty (30) days of: 14
56	55		(i) The date a firearm or item of contraband is 15
57	56		traded to a federally licensed firearms dealer by a law enforcement agency; 16
58	57		and 17
59	58		(ii) The date a credit with a federally licensed 18
60	59		firearms dealer is used by the law enforcement agency. 19
61	60		20
62	61		SECTION 3. Arkansas Code § 5 -10-203(a), concerning death by delivery 21
63	62		in the first degree, is amended to read as follows to clarify a reference: 22
64	63		(a) A person commits the offense of death by delivery in the first 23
65	64		degree if: 24
66	65		(1) He or she knowingly delivers or conveys methamphetamine, 25
67	66		heroin, or cocaine to another person; and 26
68	67		(2) The injection, ingestion, inhalation, or other introduction 27
69	68		of the methamphetamine, heroin, or cocaine, including any adulterants or 28
70	69		diluents, is the cause of death of the other person. 29
71	70		30
72	71		SECTION 4. Arkansas Code § 5 -10-204(a), concerning death by delivery 31
73	72		in the second degree, is amended to read as follows to clarify a reference: 32
74	73		(a) A person commits the offense of death by delivery in the second 33
75	74		degree if: 34
76	75		(1) He or she knowingly delivers or conveys to another person: 35
77	76		(A) A controlled substance that is not fentanyl, 36 HB1355
78	77
79	78		3 01/31/2025 10:50:53 AM CEB114
80	79		methamphetamine, heroin, or cocaine; or 1
81	80		(B) A counterfeit substance; and 2
82	81		(2) The injection, ingestion, inhalation, or other introduction 3
83	82		of the controlled substance or counterfeit substance, including any 4
84	83		adulterants or diluents, is the cause of death of the other person. 5
85	84		6
86	85		SECTION 5. Arkansas Code § 5 -10-209 is amended to read as follows to 7
87	86		clarify a reference: 8
88	87		5-10-209. Factors considered when determining whether person possessed 9
89	88		controlled substance for personal use. 10
90	89		For purposes of this subchapter, possession of a controlled substance 11
91	90		or counterfeit substance for personal use may be demonstrated through the 12
92	91		consideration of certain factors, including without limitation: 13
93	92		(1) The person does not possess the means to weigh, separate, or 14
94	93		package the controlled substance or counterfeit substance 15
95	94		(2) The person does not possess a record indicating a drug -16
96	95		related transaction; 17
97	96		(3) The controlled substance or counterfeit substance is not 18
98	97		separated or packaged in a manner to facilitate delivery or conveyance; 19
99	98		(4) The person does not possess a firearm that is in the 20
100	99		immediate physical control of the person at the time of the delivery or 21
101	100		conveyance of the controlled substance or counterfeit substance; and 22
102	101		(5) The person does not possess other controlled substances or 23
103	102		counterfeit substances at the time of the delivery or conveyance. 24
104	103		25
105	104		SECTION 6. Arkansas Code § 5 -10-210 is amended to read as follows to 26
106	105		clarify a reference: 27
107	106		5-10-210. Accomplice liability. 28
108	107		An individual who is an accomplice under § 5 -2-403 to the delivery or 29
109	108		conveyance in aggravated death by delivery, § 5 -10-202, death by delivery in 30
110	109		the first degree, § 5 -10-203, or death by delivery in the second degree, § 5 -31
111	110		10-204, is an accomplice for the purposes of this section an offense under 32
112	111		this subchapter. 33
113	112		34
114	113		SECTION 7. Arkansas Code § 5 -29-202(3), concerning the definition of 35
115	114		“caregiver” under the Vulnerable Person Protection Act, is amended to read as 36 HB1355
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118	117		follows to clarify a reference: 1
119	118		(3) “Caregiver” means a person who is not a healthcare provider 2
120	119		but has assumed the responsibility for the protection, care, or custody of a 3
121	120		vulnerable person including without limitation a non -healthcare employee of a 4
122	121		healthcare provider, a volunteer, a person with a power of attorney for the 5
123	122		vulnerable person, or a guardian; 6
124	123		7
125	124		SECTION 8. Arkansas Code § 5 -74-109(j)(3)(A)(i), concerning civil 8
126	125		remedies for premises and real property used by criminal gangs, 9
127	126		organizations, or enterprises, or used by anyone in committing a continuing 10
128	127		series of violations, is amended to read as follows to clarify the recipient 11
129	128		of damages under a court order: 12
130	129		(3)(A)(i) If the court finds that a vacancy resulting from 13
131	130		closure of the building or place may create a nuisance or that closure is 14
132	131		otherwise harmful to the community, in lieu of ordering the building or place 15
133	132		closed, the court may order the person who is seeking to keep the premises 16
134	133		open to pay damages in an amount equal to the fair market rental value of the 17
135	134		building or place, for a period of time as determined appropriate by the 18
136	135		court, to the city attorney, prosecuting attorney, or the Attorney General. 19
137	136		20
138	137		SECTION 9. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 21
139	138		It is the intent of the General Assembly that: 22
140	139		(1) The enactment and adoption of this act shall not expressly 23
141	140		or impliedly repeal an act passed during the regular session of the Ninety -24
142	141		Fifth General Assembly; 25
143	142		(2) To the extent that a conflict exists between an act of the 26
144	143		regular session of the Ninety -Fifth General Assembly and this act: 27
145	144		(A) The act of the regular session of the Ninety -Fifth 28
146	145		General Assembly shall be treated as a subsequent act passed by the General 29
147	146		Assembly for the purposes of: 30
148	147		(i) Giving the act of the regular session of the 31
149	148		Ninety-Fifth General Assembly its full force and effect; and 32
150	149		(ii) Amending or repealing the appropriate parts of 33
151	150		the Arkansas Code of 1987; and 34
152	151		(B) Section 1-2-107 shall not apply; and 35
153	152		(3) This act shall make only technical, not substantive, changes 36 HB1355
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156	155		to the Arkansas Code of 1987. 1
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