| 3 | 2 | | *CEB192* 02/25/2025 1:17:40 PM CEB192 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 SENATE BILL 301 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Senator Gilmore 5 |
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| 9 | 8 | | By: Representative J. Moore 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND THE LAW CONCERNING THEFT OF PROPERTY; 9 |
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| 13 | 12 | | TO CREATE AN ENHANCED PENALTY FOR THEFT OF CARGO; TO 10 |
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| 14 | 13 | | DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 11 |
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| 15 | 14 | | 12 |
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| 16 | 15 | | 13 |
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| 17 | 16 | | Subtitle 14 |
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| 18 | 17 | | TO AMEND THE LAW CONCERNING THEFT OF 15 |
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| 19 | 18 | | PROPERTY; TO CREATE AN ENHANCED PENALTY 16 |
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| 20 | 19 | | FOR THEFT OF CARGO; AND TO DECLARE AN 17 |
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| 21 | 20 | | EMERGENCY. 18 |
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| 22 | 21 | | 19 |
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| 23 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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| 24 | 23 | | 21 |
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| 25 | 24 | | SECTION 1. Arkansas Code § 5 -36-101, concerning definitions used in 22 |
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| 26 | 25 | | regard to theft offenses, is amended to add additional subdivisions to read 23 |
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| 27 | 26 | | as follows: 24 |
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| 28 | 27 | | (25)(A) "Cargo" means goods, chattels, money, or baggage that 25 |
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| 29 | 28 | | constitutes, in whole or in part, a commercial shipment of freight moving in 26 |
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| 30 | 29 | | commerce, from any pipeline system, railroad car, motortruck, or other 27 |
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| 31 | 30 | | vehicle, or from any tank or storage facility, station house, platform, or 28 |
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| 32 | 31 | | depot, or from any vessel or wharf, or from any aircraft, air terminal, 29 |
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| 33 | 32 | | airport, aircraft terminal or air navigation facility, or from any intermodal 30 |
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| 34 | 33 | | container, intermodal chassis, trailer, container freight station, warehouse, 31 |
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| 35 | 34 | | freight distribution facility, or freight consolidation facility. 32 |
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| 36 | 35 | | (B) "Cargo" does not include direct -to-consumer goods. 33 |
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| 37 | 36 | | (26) "Moving in commerce" means all points from the point of 34 |
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| 38 | 37 | | origin to the final destination, regardless of any temporary stop while 35 |
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| 39 | 38 | | awaiting transshipment or otherwise. 36 SB301 |
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| 40 | 39 | | |
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| 41 | 40 | | 2 02/25/2025 1:17:40 PM CEB192 |
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| 42 | 41 | | SECTION 2. Arkansas Code § 5 -36-103, concerning theft of property, is 1 |
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| 43 | 42 | | amended to add an additional subsection to read as follows: 2 |
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| 44 | 43 | | (d)(1) A person who commits theft of property under subdivision 3 |
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| 45 | 44 | | (b)(1), (b)(2), or (b)(3) of this section in which the property stolen is 4 |
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| 46 | 45 | | cargo may be subject to an enhanced sentence of an additional term of 5 |
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| 47 | 46 | | imprisonment not to exceed ten (10) years. 6 |
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| 48 | 47 | | (2) To seek the enhanced sentence established in this subsection 7 |
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| 49 | 48 | | (d), a prosecuting attorney shall notify the defendant in writing that the 8 |
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| 50 | 49 | | defendant is subject to the enhanced sentence. 9 |
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| 51 | 50 | | (3) If the defendant is charged by information or indictment, 10 |
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| 52 | 51 | | the prosecuting attorney may include the written notice required under 11 |
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| 53 | 52 | | subdivision (d)(2) of this section in the information or indictment. 12 |
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| 54 | 53 | | (4) An enhanced sentence imposed under this subsection (d) is 13 |
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| 55 | 54 | | consecutive to any other sentence imposed. 14 |
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| 56 | 55 | | (5) A person convicted under this subsection (d) is ineligible 15 |
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| 57 | 56 | | to receive earned release credits for the enhanced portion of the sentence. 16 |
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| 58 | 57 | | 17 |
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| 59 | 58 | | SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 18 |
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| 60 | 59 | | General Assembly of the State of Arkansas that theft of goods moving in 19 |
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| 61 | 60 | | commerce is a pervasive problem in the state; that businesses and consumers 20 |
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| 62 | 61 | | suffer the economic consequences of such crimes; and that this act is 21 |
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| 63 | 62 | | immediately necessary to provide a stronger deterrent against this type of 22 |
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| 64 | 63 | | theft and protect the economy of the state. Therefore, an emergency is 23 |
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| 65 | 64 | | declared to exist, and this act being immediately necessary for the 24 |
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| 66 | 65 | | preservation of the public peace, health, and safety shall become effective 25 |
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| 67 | 66 | | on: 26 |
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| 68 | 67 | | (1) The date of its approval by the Governor; 27 |
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| 69 | 68 | | (2) If the bill is neither approved nor vetoed by the Governor, 28 |
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| 70 | 69 | | the expiration of the period of time during which the Governor may veto the 29 |
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| 71 | 70 | | bill; or 30 |
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| 72 | 71 | | (3) If the bill is vetoed by the Governor and the veto is 31 |
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| 73 | 72 | | overridden, the date the last house overrides the veto. 32 |
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| 74 | 73 | | 33 |
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| 75 | 74 | | 34 |
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