Stricken language would be deleted from and underlined language would be added to present law.
Act 171 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1355 3
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By: Representatives Gazaway, M. Shepherd 5
By: Senators C. Tucker, J. Bryant 6
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For An Act To Be Entitled 8
AN ACT TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 OF 9
THE ARKANSAS CODE CONCERNING CRIMINAL OFFENSES; AND 10
FOR OTHER PURPOSES. 11
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Subtitle 14
TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 15
OF THE ARKANSAS CODE CONCERNING CRIMINAL 16
OFFENSES. 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 § 5 -4-703(a)(8), concerning additional fines 21
for offenses committed against or in the presence of a child, is amended to 22
read as follows to remove a reference to an offense that does not exist: 23
(8) Sexual indecency with a child, § 5 -14-110, if the offense is 24
a felony or Class A misdemeanor , indecent exposure, § 5 -14-112, sexual 25
assault in the third degree, § 5 -14-126, or sexual assault in the fourth 26
degree, § 5-14-127; 27
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SECTION 2. Arkansas Code § 5 -5-101(i), concerning disposition of 29
contraband and seized property, is amended to read as follows to clarify 30
references: 31
(i)(1) A law enforcement agency disposing of contraband or seized 32
property under this section shall maintain a written report that includes 33
without limitation: 34
(A) A list and description, including without limitation a 35
serial number, of all property disposed, traded for credit, or sold at 36 HB1355
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auction; 1
(B) The dollar amount of any credit obtained by the law 2
enforcement agency and the contact information for the federally licensed 3
firearms dealer with which the credit is held; 4
(C) The dollar amount of any funds received at auction and 5
where the funds were deposited; and 6
(D) An explanation for any credit used, including without 7
limitation a description of items purchased with the credit and the dollar 8
amount of the purchase. 9
(2) The written report required under subdivision (i)(1) of this 10
section shall be provided: 11
(A) To the elected body that oversees the finances and 12
operations of the law enforcement agency; and 13
(B) Within thirty (30) days of: 14
(i) The date a firearm or item of contraband is 15
traded to a federally licensed firearms dealer by a law enforcement agency; 16
and 17
(ii) The date a credit with a federally licensed 18
firearms dealer is used by the law enforcement agency. 19
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SECTION 3. Arkansas Code § 5 -10-203(a), concerning death by delivery 21
in the first degree, is amended to read as follows to clarify a reference: 22
(a) A person commits the offense of death by delivery in the first 23
degree if: 24
(1) He or she knowingly delivers or conveys methamphetamine, 25
heroin, or cocaine to another person; and 26
(2) The injection, ingestion, inhalation, or other introduction 27
of the methamphetamine, heroin, or cocaine, including any adulterants or 28
diluents, is the cause of death of the other person. 29
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SECTION 4. Arkansas Code § 5 -10-204(a), concerning death by delivery 31
in the second degree, is amended to read as follows to clarify a reference: 32
(a) A person commits the offense of death by delivery in the second 33
degree if: 34
(1) He or she knowingly delivers or conveys to another person: 35
(A) A controlled substance that is not fentanyl, 36 HB1355
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methamphetamine, heroin, or cocaine; or 1
(B) A counterfeit substance; and 2
(2) The injection, ingestion, inhalation, or other introduction 3
of the controlled substance or counterfeit substance, including any 4
adulterants or diluents, is the cause of death of the other person. 5
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SECTION 5. Arkansas Code § 5 -10-209 is amended to read as follows to 7
clarify a reference: 8
5-10-209. Factors considered when determining whether person possessed 9
controlled substance for personal use. 10
For purposes of this subchapter, possession of a controlled substance 11
or counterfeit substance for personal use may be demonstrated through the 12
consideration of certain factors, including without limitation: 13
(1) The person does not possess the means to weigh, separate, or 14
package the controlled substance or counterfeit substance 15
(2) The person does not possess a record indicating a drug -16
related transaction; 17
(3) The controlled substance or counterfeit substance is not 18
separated or packaged in a manner to facilitate delivery or conveyance; 19
(4) The person does not possess a firearm that is in the 20
immediate physical control of the person at the time of the delivery or 21
conveyance of the controlled substance or counterfeit substance; and 22
(5) The person does not possess other controlled substances or 23
counterfeit substances at the time of the delivery or conveyance. 24
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SECTION 6. Arkansas Code § 5 -10-210 is amended to read as follows to 26
clarify a reference: 27
5-10-210. Accomplice liability. 28
An individual who is an accomplice under § 5 -2-403 to the delivery or 29
conveyance in aggravated death by delivery, § 5 -10-202, death by delivery in 30
the first degree, § 5 -10-203, or death by delivery in the second degree, § 5 -31
10-204, is an accomplice for the purposes of this section an offense under 32
this subchapter. 33
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SECTION 7. Arkansas Code § 5 -29-202(3), concerning the definition of 35
“caregiver” under the Vulnerable Person Protection Act, is amended to read as 36 HB1355
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follows to clarify a reference: 1
(3) “Caregiver” means a person who is not a healthcare provider 2
but has assumed the responsibility for the protection, care, or custody of a 3
vulnerable person including without limitation a non -healthcare employee of a 4
healthcare provider, a volunteer, a person with a power of attorney for the 5
vulnerable person, or a guardian; 6
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SECTION 8. Arkansas Code § 5 -74-109(j)(3)(A)(i), concerning civil 8
remedies for premises and real property used by criminal gangs, 9
organizations, or enterprises, or used by anyone in committing a continuing 10
series of violations, is amended to read as follows to clarify the recipient 11
of damages under a court order: 12
(3)(A)(i) If the court finds that a vacancy resulting from 13
closure of the building or place may create a nuisance or that closure is 14
otherwise harmful to the community, in lieu of ordering the building or place 15
closed, the court may order the person who is seeking to keep the premises 16
open to pay damages in an amount equal to the fair market rental value of the 17
building or place, for a period of time as determined appropriate by the 18
court, to the city attorney, prosecuting attorney, or the Attorney General. 19
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SECTION 9. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 21
It is the intent of the General Assembly that: 22
(1) The enactment and adoption of this act shall not expressly 23
or impliedly repeal an act passed during the regular session of the Ninety -24
Fifth General Assembly; 25
(2) To the extent that a conflict exists between an act of the 26
regular session of the Ninety -Fifth General Assembly and this act: 27
(A) The act of the regular session of the Ninety -Fifth 28
General Assembly shall be treated as a subsequent act passed by the General 29
Assembly for the purposes of: 30
(i) Giving the act of the regular session of the 31
Ninety-Fifth General Assembly its full force and effect; and 32
(ii) Amending or repealing the appropriate parts of 33
the Arkansas Code of 1987; and 34
(B) Section 1-2-107 shall not apply; and 35
(3) This act shall make only technical, not substantive, changes 36 HB1355
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to the Arkansas Code of 1987. 1
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APPROVED: 2/25/25 4
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