Stricken language would be deleted from and underlined language would be added to present law. Act 366 of the Regular Session *TNL215* 03-10-2025 10:28:46 TNL215 State of Arkansas As Engrossed: S3/10/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1609 3 4 By: Representatives Lundstrum, K. Moore, Henley, Vaught, Duke, Barker, Bentley, A. Brown, K. Brown, 5 R. Burkes, Cavenaugh, Crawford, Dalby, J. Mayberry, McAlindon 6 By: Senators B. Davis, Irvin, J. English 7 8 For An Act To Be Entitled 9 AN ACT TO AMEND THE LAW CONCERNING HUMAN TRAFFICKING; 10 TO CREATE AN ENHANCED PENALTY FOR RECRUITING 11 TRAFFICKED PERSONS FROM CERTAIN PLACES; TO DECLARE AN 12 EMERGENCY; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AMEND THE LAW CONCERNING HUMAN 17 TRAFFICKING; TO CREATE AN ENHANCED 18 PENALTY FOR RECRUITING TRAFFICKED 19 PERSONS FROM CERTAIN PLACES; AND TO 20 DECLARE AN EMERGENCY. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code Title 5, Chapter 18, Subchapter 1, is amended 25 to add an additional section to read as follows: 26 5-18-108. Enhanced liability — Certain conditions. 27 A person convicted of an offense under this chapter may be subject to 28 an enhanced sentence of an additional term of imprisonment not to exceed five 29 (5) years if the person recruited, enticed, or obtained a trafficked person 30 from: 31 (1) A shelter or facility operating as a residential treatment 32 center that serves runaway youth, foster children, the homeless, or other 33 persons at risk of being subjected to human trafficking, domestic violence, 34 or sexual assault; 35 (2) A correctional facility while the trafficked person was 36 As Engrossed: S3/10/25 HB1609 2 03-10-2025 10:28:46 TNL215 confined in the correctional facility; 1 (3) An adoptive, foster, or provisional foster home as defined 2 by § 9-28-402; 3 (4) A childcare institution as defined by § 9 -28-402; or 4 (5) A detention facility, forestry camp, training school, or 5 other facility operating primarily for the detention of children who are 6 determined by a court to be delinquent. 7 8 SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 9 General Assembly of the State of Arkansas that human trafficking continues to 10 be a heightened concern for the state; that it is necessary to create 11 additional mechanisms to further deter human trafficking in the state; and 12 that this act is immediately necessary to punish criminals who commit human 13 trafficking against the state's most vulnerable populations. Therefore, an 14 emergency is declared to exist, and this act being immediately necessary for 15 the preservation of the public peace, health, and safety shall become 16 effective on: 17 (1) The date of its approval by the Governor; 18 (2) If the bill is neither approved nor vetoed by the Governor, 19 the expiration of the period of time during which the Governor may veto the 20 bill; or 21 (3) If the bill is vetoed by the Governor and the veto is 22 overridden, the date the last house overrides the veto. 23 24 /s/Lundstrum 25 26 27 APPROVED: 3/20/25 28 29 30 31 32 33 34 35 36