Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1648 Draft / Bill

Filed 03/03/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1648 3 
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By: Representative S. Meeks 5 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL FIRE 9 
DEPARTMENTS; TO ALLOW A MEMBER OF A MUNICIPAL FIRE 10 
DEPARTMENT BOMB SQUAD TO MAKE ARRESTS UNDER CERTAIN 11 
CIRCUMSTANCES; TO DECLARE AN EMERGENCY; AND FOR OTHER 12 
PURPOSES.  13 
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Subtitle 16 
TO AMEND THE LAW CONCERNING MUNICIPAL 17 
FIRE DEPARTMENTS; TO ALLOW A MEMBER OF A 18 
MUNICIPAL FIRE DEPARTMENT BOMB SQUAD TO 19 
MAKE ARRESTS UNDER CERTAIN 20 
CIRCUMSTANCES; AND TO DECLARE AN 21 
EMERGENCY.  22 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 SECTION 1.  Arkansas Code Title 14, Chapter 53, is amended to add an 26 
additional section to read as follows: 27 
 14-53-115.  Bomb squad member —— Authority to make arrests. 28 
 (a)  A member of a municipal fire department bomb squad meeting the 29 
requirements of this section may make arrests for violations: 30 
 (1)  Of explosives-related incidents or offenses; or 31 
 (2)  When assisting a law enforcement agency in the state. 32 
 (b)  A member of a municipal fire department bomb squad may make 33 
arrests under this section if he or she: 34 
 (1)  Has successfully completed the part -time law enforcement 35 
officer course of study approved by the Arkansas Commission on Law 36    	HB1648 
 
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Enforcement Standards and Training and required for specialized police 1 
personnel; and 2 
 (2)  Is acting in his or her official capacity as a member of a 3 
municipal fire department bomb squad. 4 
 (c)  A member of a municipal fire department bomb squad who meets the 5 
requirements under subsection (a) of this section shall make arrests in 6 
accordance with § 16 -81-101 et seq. 7 
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 SECTION 2.  Arkansas Code § 16 -81-106(f), concerning the authority to 9 
make arrests, is amended to read as follows: 10 
 (f)  As used in this section, “certified law enforcement officer” 11 
includes a: 12 
 (1)  A full-time game warden of the Arkansas State Game and Fish 13 
Commission so long as the game warden shall not exercise his or her authority 14 
to the extent that any federal funds would be jeopardized ; and 15 
 (2)  A member of a municipal fire department bomb squad who meets 16 
the requirements under § 14 -53-115. 17 
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 SECTION 3.  EMERGENCY CLAUSE.  It is found and determined by the 19 
General Assembly of the State of Arkansas that a municipal fire department 20 
bomb squad member does not have the authority to arrest a perpetrator he or 21 
she may encounter in the course of his or her duty; that providing this 22 
authority to a municipal fire department bomb squad member is likely to 23 
prevent an imminent explosives hazard; and that this act is immediately 24 
necessary because residents of this state may be at risk during an 25 
explosives-related incident or offense, which threatens the public peace, 26 
health, and safety of residents of this state. Therefore, an emergency is 27 
declared to exist, and this act being immediately necessary for the 28 
preservation of the public peace, health, and safety shall become effective 29 
on:  30 
 (1)  The date of its approval by the Governor; 31 
 (2)  If the bill is neither approved nor vetoed by the Governor, 32 
the expiration of the period of time during which the Governor may veto the 33 
bill; or 34 
 (3)  If the bill is vetoed by the Governor and the veto is 35 
overridden, the date the last house overrides the veto. 36