| 1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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| 2 | 2 | | *CEB167* 02/19/2025 4:27:46 PM CEB167 |
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| 3 | 3 | | State of Arkansas 1 |
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| 4 | 4 | | 95th General Assembly A Bill 2 |
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| 5 | 5 | | Regular Session, 2025 HOUSE BILL 1535 3 |
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| 6 | 6 | | 4 |
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| 7 | 7 | | By: Representative Duffield 5 |
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| 8 | 8 | | By: Senator Dees 6 |
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| 9 | 9 | | 7 |
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| 10 | 10 | | For An Act To Be Entitled 8 |
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| 11 | 11 | | AN ACT TO PROVIDE AN ENHANCED SENTENCE FOR PERSONS 9 |
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| 12 | 12 | | CONVICTED OF RAPE OF A CHILD TWELVE YEARS OF AGE OR 10 |
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| 13 | 13 | | YOUNGER; TO PERMIT CHEMICAL CASTRATION BY 11 |
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| 14 | 14 | | MEDROXYPROGESTERONE ACETATE TREATMENT FOR PERSONS 12 |
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| 15 | 15 | | CONVICTED OF RAPE OF A CHILD TWELVE YEARS OF AGE OR 13 |
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| 16 | 16 | | YOUNGER; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO 14 |
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| 17 | 17 | | ADMINISTER MEDROXYPROGESTERONE ACETATE TREATMENT FOR 15 |
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| 18 | 18 | | CERTAIN PERSONS; AND FOR OTHER PURPOSES. 16 |
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| 19 | 19 | | 17 |
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| 20 | 20 | | 18 |
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| 21 | 21 | | Subtitle 19 |
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| 22 | 22 | | TO PROVIDE AN ENHANCED SENTENCE FOR 20 |
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| 23 | 23 | | PERSONS CONVICTED OF RAPE OF A CHILD 21 |
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| 24 | 24 | | TWELVE YEARS OF AGE OR YOUNGER; TO 22 |
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| 25 | 25 | | PERMIT THE DEPARTMENT OF CORRECTIONS TO 23 |
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| 26 | 26 | | ADMINISTER MEDROXYPROGESTERONE ACETATE 24 |
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| 27 | 27 | | TREATMENT FOR CHEMICAL CASTRATION. 25 |
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| 28 | 28 | | 26 |
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| 29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27 |
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| 30 | 30 | | 28 |
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| 31 | 31 | | SECTION 1. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 29 |
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| 32 | 32 | | to add an additional section to read as follows: 30 |
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| 33 | 33 | | 5-4-708. Enhanced sentence of chemical castration for certain sex 31 |
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| 34 | 34 | | offenders. 32 |
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| 35 | 35 | | (a) Subject to subsection (b) of this section, a person who commits 33 |
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| 36 | 36 | | rape, ยง 5-14-103, upon conviction is subject to an enhanced sentence of 34 |
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| 37 | 37 | | chemical castration by medroxyprogesterone acetate treatment to be 35 |
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| 38 | 38 | | administered by the Department of Corrections by a licensed physician if the 36 HB1535 |
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| 39 | 39 | | |
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| 40 | 40 | | 2 02/19/2025 4:27:46 PM CEB167 |
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| 41 | 41 | | victim of the offense was twelve (12) years of age or younger. 1 |
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| 42 | 42 | | (b)(1) An order of a court sentencing a defendant to 2 |
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| 43 | 43 | | medroxyprogesterone acetate treatment under this section is contingent upon a 3 |
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| 44 | 44 | | determination by a medical expert appointed by the court that the defendant 4 |
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| 45 | 45 | | is an appropriate candidate for medroxyprogesterone acetate treatment. 5 |
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| 46 | 46 | | (2) The determination of a medical expert under subdivision 6 |
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| 47 | 47 | | (b)(1) of this section shall be made no later than sixty (60) days from the 7 |
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| 48 | 48 | | imposition of sentence. 8 |
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| 49 | 49 | | (3) An order of the court sentencing a defendant to 9 |
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| 50 | 50 | | medroxyprogesterone acetate treatment under this section shall specify the 10 |
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| 51 | 51 | | duration of medroxyprogesterone acetate treatment for a specific term of 11 |
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| 52 | 52 | | years, or in the discretion of the court, up to the life of the defendant. 12 |
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| 53 | 53 | | (c)(1) The department shall provide the services necessary to 13 |
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| 54 | 54 | | administer and monitor medroxyprogesterone acetate treatment under this 14 |
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| 55 | 55 | | section. 15 |
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| 56 | 56 | | (2) If a defendant subject to this section is sentenced to 16 |
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| 57 | 57 | | imprisonment or confinement in an institution, the medroxyprogesterone 17 |
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| 58 | 58 | | acetate treatment under this section shall commence not later than one (1) 18 |
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| 59 | 59 | | week before the defendant's release from prison or the institution. 19 |
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| 60 | 60 | | (3) Medroxyprogesterone acetate treatment shall not be performed 20 |
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| 61 | 61 | | under this section if medroxyprogesterone acetate treatment is not medically 21 |
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| 62 | 62 | | appropriate. 22 |
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| 63 | 63 | | (4) Instead of medroxyprogesterone acetate treatment under this 23 |
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| 64 | 64 | | section, the court may order the defendant to undergo physical castration if 24 |
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| 65 | 65 | | the defendant files a written motion with the court stating that the 25 |
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| 66 | 66 | | defendant intelligently and knowingly gives the defendant's voluntary consent 26 |
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| 67 | 67 | | to physical castration as an alternative to the medroxyprogesterone acetate 27 |
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| 68 | 68 | | treatment. 28 |
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| 69 | 69 | | (d) If a defendant is sentenced to medroxyprogesterone acetate 29 |
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| 70 | 70 | | treatment under this section and knowingly fails to appear for 30 |
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| 71 | 71 | | medroxyprogesterone acetate treatment or knowingly refuses to allow 31 |
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| 72 | 72 | | medroxyprogesterone acetate treatment, upon conviction the defendant is 32 |
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| 73 | 73 | | guilty of a Class Y felony. 33 |
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| 74 | 74 | | 34 |
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| 75 | 75 | | 35 |
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| 76 | 76 | | 36 |
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