| 6 | 4 | | 95th General Assembly A Bill 2 |
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| 7 | 5 | | Regular Session, 2025 HOUSE BILL 1609 3 |
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| 8 | 6 | | 4 |
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| 9 | 7 | | By: Representatives Lundstrum, K. Moore, Henley, Vaught, Duke, Barker, Bentley, A. Brown, K. Brown, 5 |
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| 10 | 8 | | R. Burkes, Cavenaugh, Crawford, Dalby, J. Mayberry, McAlindon 6 |
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| 11 | 9 | | By: Senators B. Davis, Irvin, J. English 7 |
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| 12 | 10 | | 8 |
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| 13 | 11 | | For An Act To Be Entitled 9 |
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| 14 | 12 | | AN ACT TO AMEND THE LAW CONCERNING HUMAN TRAFFICKING; 10 |
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| 15 | 13 | | TO CREATE AN ENHANCED PENALTY FOR RECRUITING 11 |
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| 16 | 14 | | TRAFFICKED PERSONS FROM CERTAIN PLACES; TO DECLARE AN 12 |
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| 17 | 15 | | EMERGENCY; AND FOR OTHER PURPOSES. 13 |
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| 18 | 16 | | 14 |
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| 19 | 17 | | 15 |
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| 20 | 18 | | Subtitle 16 |
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| 21 | 19 | | TO AMEND THE LAW CONCERNING HUMAN 17 |
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| 22 | 20 | | TRAFFICKING; TO CREATE AN ENHANCED 18 |
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| 23 | 21 | | PENALTY FOR RECRUITING TRAFFICKED 19 |
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| 24 | 22 | | PERSONS FROM CERTAIN PLACES; AND TO 20 |
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| 25 | 23 | | DECLARE AN EMERGENCY. 21 |
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| 26 | 24 | | 22 |
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| 27 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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| 28 | 26 | | 24 |
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| 29 | 27 | | SECTION 1. Arkansas Code Title 5, Chapter 18, Subchapter 1, is amended 25 |
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| 30 | 28 | | to add an additional section to read as follows: 26 |
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| 31 | 29 | | 5-18-108. Enhanced liability — Certain conditions. 27 |
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| 32 | 30 | | A person convicted of an offense under this chapter may be subject to 28 |
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| 33 | 31 | | an enhanced sentence of an additional term of imprisonment not to exceed five 29 |
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| 34 | | - | (5) years if the person recruited, enticed, or obtained a trafficked person 30 |
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| 35 | | - | from: 31 |
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| 36 | | - | (1) A shelter or facility operating as a residential treatment 32 |
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| 37 | | - | center that serves runaway youth, foster children, the homeless, or other 33 |
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| 38 | | - | persons at risk of being subjected to human trafficking, domestic violence, 34 |
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| 39 | | - | or sexual assault; 35 |
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| 40 | | - | (2) A correctional facility while the trafficked person was 36 As Engrossed: S3/10/25 HB1609 |
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| 32 | + | (5) years if the person: 30 |
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| 33 | + | (1) Recruited, enticed, or obtained a trafficked person from a 31 |
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| 34 | + | shelter or facility operating as a residential treatment center that serves 32 |
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| 35 | + | runaway youth, foster children, the homeless, or other persons at risk of 33 |
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| 36 | + | being subjected to human trafficking, domestic violence, or sexual assault; 34 |
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| 37 | + | or 35 |
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| 38 | + | (2) Recruited, enticed, or obtained a trafficked person from a 36 HB1609 |
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| 42 | | - | 2 03-10-2025 10:28:46 TNL215 |
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| 43 | | - | |
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| 44 | | - | |
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| 45 | | - | confined in the correctional facility; 1 |
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| 46 | | - | (3) An adoptive, foster, or provisional foster home as defined 2 |
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| 47 | | - | by § 9-28-402; 3 |
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| 48 | | - | (4) A childcare institution as defined by § 9 -28-402; or 4 |
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| 49 | | - | (5) A detention facility, forestry camp, training school, or 5 |
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| 50 | | - | other facility operating primarily for the detention of children who are 6 |
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| 51 | | - | determined by a court to be delinquent. 7 |
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| 52 | | - | 8 |
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| 53 | | - | SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 9 |
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| 54 | | - | General Assembly of the State of Arkansas that human trafficking continues to 10 |
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| 55 | | - | be a heightened concern for the state; that it is necessary to create 11 |
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| 56 | | - | additional mechanisms to further deter human trafficking in the state; and 12 |
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| 57 | | - | that this act is immediately necessary to punish criminals who commit human 13 |
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| 58 | | - | trafficking against the state's most vulnerable populations. Therefore, an 14 |
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| 59 | | - | emergency is declared to exist, and this act being immediately necessary for 15 |
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| 60 | | - | the preservation of the public peace, health, and safety shall become 16 |
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| 61 | | - | effective on: 17 |
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| 62 | | - | (1) The date of its approval by the Governor; 18 |
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| 63 | | - | (2) If the bill is neither approved nor vetoed by the Governor, 19 |
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| 64 | | - | the expiration of the period of time during which the Governor may veto the 20 |
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| 65 | | - | bill; or 21 |
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| 66 | | - | (3) If the bill is vetoed by the Governor and the veto is 22 |
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| 67 | | - | overridden, the date the last house overrides the veto. 23 |
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| 40 | + | 2 02/26/2025 9:39:02 AM TNL215 |
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| 41 | + | correctional facility while the trafficked person was confined in the 1 |
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| 42 | + | facility. 2 |
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| 43 | + | 3 |
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| 44 | + | SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 4 |
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| 45 | + | General Assembly of the State of Arkansas that human trafficking continues to 5 |
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| 46 | + | be a heightened concern for the state; that it is necessary to create 6 |
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| 47 | + | additional mechanisms to further deter human trafficking in the state; and 7 |
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| 48 | + | that this act is immediately necessary to punish criminals who commit human 8 |
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| 49 | + | trafficking against the state's most vulnerable populations. Therefore, an 9 |
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| 50 | + | emergency is declared to exist, and this act being immediately necessary for 10 |
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| 51 | + | the preservation of the public peace, health, and safety shall become 11 |
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| 52 | + | effective on: 12 |
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| 53 | + | (1) The date of its approval by the Governor; 13 |
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| 54 | + | (2) If the bill is neither approved nor vetoed by the Governor, 14 |
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| 55 | + | the expiration of the period of time during which the Governor may veto the 15 |
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| 56 | + | bill; or 16 |
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| 57 | + | (3) If the bill is vetoed by the Governor and the veto is 17 |
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| 58 | + | overridden, the date the last house overrides the veto. 18 |
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| 60 | + | 20 |
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| 61 | + | 21 |
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| 62 | + | 22 |
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| 63 | + | 23 |
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