| 1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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| 2 | 2 | | *SSS093* 03/03/2025 2:04:05 PM SSS093 |
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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 1648 3 |
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| 6 | 6 | | 4 |
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| 7 | 7 | | By: Representative S. Meeks 5 |
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| 8 | 8 | | 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 AMEND THE LAW CONCERNING MUNICIPAL FIRE 9 |
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| 12 | 12 | | DEPARTMENTS; TO ALLOW A MEMBER OF A MUNICIPAL FIRE 10 |
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| 13 | 13 | | DEPARTMENT BOMB SQUAD TO MAKE ARRESTS UNDER CERTAIN 11 |
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| 14 | 14 | | CIRCUMSTANCES; TO DECLARE AN EMERGENCY; AND FOR OTHER 12 |
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| 15 | 15 | | PURPOSES. 13 |
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| 16 | 16 | | 14 |
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| 17 | 17 | | 15 |
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| 18 | 18 | | Subtitle 16 |
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| 19 | 19 | | TO AMEND THE LAW CONCERNING MUNICIPAL 17 |
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| 20 | 20 | | FIRE DEPARTMENTS; TO ALLOW A MEMBER OF A 18 |
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| 21 | 21 | | MUNICIPAL FIRE DEPARTMENT BOMB SQUAD TO 19 |
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| 22 | 22 | | MAKE ARRESTS UNDER CERTAIN 20 |
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| 23 | 23 | | CIRCUMSTANCES; AND TO DECLARE AN 21 |
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| 24 | 24 | | EMERGENCY. 22 |
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| 25 | 25 | | 23 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 |
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| 27 | 27 | | 25 |
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| 28 | 28 | | SECTION 1. Arkansas Code Title 14, Chapter 53, is amended to add an 26 |
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| 29 | 29 | | additional section to read as follows: 27 |
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| 30 | 30 | | 14-53-115. Bomb squad member —— Authority to make arrests. 28 |
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| 31 | 31 | | (a) A member of a municipal fire department bomb squad meeting the 29 |
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| 32 | 32 | | requirements of this section may make arrests for violations: 30 |
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| 33 | 33 | | (1) Of explosives-related incidents or offenses; or 31 |
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| 34 | 34 | | (2) When assisting a law enforcement agency in the state. 32 |
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| 35 | 35 | | (b) A member of a municipal fire department bomb squad may make 33 |
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| 36 | 36 | | arrests under this section if he or she: 34 |
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| 37 | 37 | | (1) Has successfully completed the part -time law enforcement 35 |
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| 38 | 38 | | officer course of study approved by the Arkansas Commission on Law 36 HB1648 |
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| 39 | 39 | | |
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| 40 | 40 | | 2 03/03/2025 2:04:05 PM SSS093 |
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| 41 | 41 | | Enforcement Standards and Training and required for specialized police 1 |
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| 42 | 42 | | personnel; and 2 |
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| 43 | 43 | | (2) Is acting in his or her official capacity as a member of a 3 |
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| 44 | 44 | | municipal fire department bomb squad. 4 |
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| 45 | 45 | | (c) A member of a municipal fire department bomb squad who meets the 5 |
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| 46 | 46 | | requirements under subsection (a) of this section shall make arrests in 6 |
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| 47 | 47 | | accordance with § 16 -81-101 et seq. 7 |
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| 48 | 48 | | 8 |
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| 49 | 49 | | SECTION 2. Arkansas Code § 16 -81-106(f), concerning the authority to 9 |
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| 50 | 50 | | make arrests, is amended to read as follows: 10 |
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| 51 | 51 | | (f) As used in this section, “certified law enforcement officer” 11 |
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| 52 | 52 | | includes a: 12 |
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| 53 | 53 | | (1) A full-time game warden of the Arkansas State Game and Fish 13 |
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| 54 | 54 | | Commission so long as the game warden shall not exercise his or her authority 14 |
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| 55 | 55 | | to the extent that any federal funds would be jeopardized ; and 15 |
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| 56 | 56 | | (2) A member of a municipal fire department bomb squad who meets 16 |
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| 57 | 57 | | the requirements under § 14 -53-115. 17 |
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| 58 | 58 | | 18 |
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| 59 | 59 | | SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 19 |
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| 60 | 60 | | General Assembly of the State of Arkansas that a municipal fire department 20 |
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| 61 | 61 | | bomb squad member does not have the authority to arrest a perpetrator he or 21 |
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| 62 | 62 | | she may encounter in the course of his or her duty; that providing this 22 |
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| 63 | 63 | | authority to a municipal fire department bomb squad member is likely to 23 |
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| 64 | 64 | | prevent an imminent explosives hazard; and that this act is immediately 24 |
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| 65 | 65 | | necessary because residents of this state may be at risk during an 25 |
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| 66 | 66 | | explosives-related incident or offense, which threatens the public peace, 26 |
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| 67 | 67 | | health, and safety of residents of this state. Therefore, an emergency is 27 |
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| 68 | 68 | | declared to exist, and this act being immediately necessary for the 28 |
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| 69 | 69 | | preservation of the public peace, health, and safety shall become effective 29 |
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| 70 | 70 | | on: 30 |
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| 71 | 71 | | (1) The date of its approval by the Governor; 31 |
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| 72 | 72 | | (2) If the bill is neither approved nor vetoed by the Governor, 32 |
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| 73 | 73 | | the expiration of the period of time during which the Governor may veto the 33 |
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| 74 | 74 | | bill; or 34 |
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| 75 | 75 | | (3) If the bill is vetoed by the Governor and the veto is 35 |
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| 76 | 76 | | overridden, the date the last house overrides the veto. 36 |
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