10 | 8 | | By: Senator Irvin 6 |
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11 | 9 | | 7 |
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12 | 10 | | For An Act To Be Entitled 8 |
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13 | 11 | | AN ACT TO REQUIRE A LAW ENFORCEMENT OFFICER WHO IS 9 |
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14 | 12 | | EXECUTING OR SERVING AN ORDER OF PROTECTION TO SERVE 10 |
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15 | 13 | | ANY OUTSTANDING CRIMINAL WARRANTS RELATED TO DOMESTIC 11 |
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16 | 14 | | VIOLENCE OR OFFENSES IN WHICH THE PETITIONER FOR THE 12 |
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17 | 15 | | ORDER OF PROTECTION IS THE VICTIM OF THE OFFENSE 13 |
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18 | 16 | | SPECIFIED IN THE WARRANT; AND FOR OTHER PURPOSES. 14 |
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19 | 17 | | 15 |
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20 | 18 | | 16 |
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21 | 19 | | Subtitle 17 |
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22 | 20 | | TO REQUIRE A LAW ENFORCEMENT OFFICER WHO 18 |
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23 | 21 | | IS EXECUTING OR SERVING AN ORDER OF 19 |
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24 | 22 | | PROTECTION TO SERVE ANY OUTSTANDING 20 |
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25 | 23 | | CRIMINAL WARRANTS RELATED TO DOMESTIC 21 |
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26 | 24 | | VIOLENCE OR OFFENSES INVOLVING THE 22 |
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27 | 25 | | PETITIONER AS THE VICTIM. 23 |
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28 | 26 | | 24 |
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29 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 |
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30 | 28 | | 26 |
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31 | | - | SECTION 1. Arkansas Code 9 -15-208 is amended to read as follows: 27 |
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32 | | - | 9-15-208. Law enforcement assistance. 28 |
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33 | | - | (a) When an order of protection is issued under this chapter, upon 29 |
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34 | | - | request of the petitioner the circuit court may order a law enforcement 30 |
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35 | | - | officer with jurisdiction to accompany the petitioner and assist in placing 31 |
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36 | | - | the petitioner in possession of the dwelling or residence or to otherwise 32 |
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37 | | - | assist in execution or service of the order of protection. 33 |
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38 | | - | (b) The court may also order a law enforcement officer to assist the 34 |
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39 | | - | petitioner in returning to the residence and getting personal effects. 35 |
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40 | | - | (c) If law enforcement is assisting in the execution or service of an 36 As Engrossed: H2/12/25 H2/18/25 H4/7/25 HB1433 |
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| 29 | + | SECTION 1. Arkansas Code § 9 -15-208 is amended to add additional 27 |
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| 30 | + | subsections to read as follows: 28 |
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| 31 | + | (c) If a law enforcement officer is assisting in execution or service 29 |
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| 32 | + | of an order of protection under § 9 -15-202 or § 9-15-204, upon service of the 30 |
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| 33 | + | petition, ex parte temporary order of protection, or notice of hearing, the 31 |
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| 34 | + | law enforcement official shall also serve any outstanding criminal 32 |
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| 35 | + | misdemeanor or felony warrants. 33 |
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| 36 | + | (d) If a respondent appears at a hearing under § 9 -15-204 and the 34 |
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| 37 | + | court is aware that there is a pending and active criminal warrant for the 35 |
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| 38 | + | respondent that has not been served under subsection (c) of this section: 36 HB1433 |
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42 | | - | 2 04-07-2025 10:17:28 LJH136 |
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43 | | - | |
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44 | | - | |
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45 | | - | order of protection under § 9 -15-202 or § 9-15-204, law enforcement shall 1 |
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46 | | - | perform a check for active warrants for the arrest of the person being served 2 |
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47 | | - | before executing service under subdivision (a) of this section. 3 |
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48 | | - | 4 |
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49 | | - | /s/K. Moore 5 |
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| 40 | + | 2 02/05/2025 2:28:13 PM LJH136 |
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| 41 | + | (1) The court shall notify law enforcement to respond to the 1 |
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| 42 | + | courtroom; and 2 |
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| 43 | + | (2) The responding law enforcement officer shall serve, detain, 3 |
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| 44 | + | and transport the respondent to the detention facility in the county with the 4 |
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| 45 | + | outstanding criminal warrant. 5 |
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