Arkansas 2025 Regular Session

Arkansas Senate Bill SB355 Latest Draft

Bill / Draft Version 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  	SENATE BILL 355 3 
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By: Senator J. Bryant 5 
By: Representative Underwood 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE CRIMINAL OFFENSE OF OBSTRUCTING 9 
GOVERNMENTAL OPERATIONS; AND FOR OTHER PURPOSES. 10 
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Subtitle 13 
TO AMEND THE CRIMINAL OFFENSE OF 14 
OBSTRUCTING GOVERNMENTAL OPERATIONS. 15 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 
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 SECTION 1.  Arkansas Code § 5-54-102 is amended to read as 19 
follows: 20 
 5-54-102. Obstructing governmental operations. 21 
 (a)  A person commits the offense of obstructing governmental 22 
operations if the person: 23 
 (1)  Knowingly obstructs, impairs, or hinders the performance of 24 
any governmental function; 25 
 (2)  Knowingly refuses to provide information requested by an 26 
employee of a governmental agency relating to the investigation of a case 27 
brought under Title IV -D of the Social Security Act, 42 U.S.C. § 651 et seq., 28 
and is the physical custodian of the child in the case; 29 
 (3)  Fails to submit to court -ordered scientific testing by a 30 
noninvasive procedure to determine the paternity of a child in a case brought 31 
under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq.; or 32 
 (4)  Falsely identifies himself or herself to a law enforcement 33 
officer or a code enforcement officer ; or 34 
 (5)  Having received personal service of a court -issued subpoena, 35 
knowingly fails to appear to testify at a trial or court hearing . 36    	SB355 
 
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 (b)(1)  Obstructing governmental operations by using or threatening to 1 
use physical force is a Class A misdemeanor. 2 
 (2)  A second or subsequent offense of obstructing governmental 3 
operations under subdivision (a)(4) of this section is a Class A misdemeanor. 4 
 (3)  The offense of obstructing governmental operations under 5 
subdivision (a)(5) of this section is a Class C misdemeanor. 6 
 (4) Otherwise, obstructing governmental operations is a Class C 7 
misdemeanor. 8 
 (c)  This section does not apply to: 9 
 (1)  Unlawful flight by a person charged with an offense; 10 
 (2)  Refusal to submit to arrest; 11 
 (3)  Any means of avoiding compliance with the law not involving 12 
affirmative interference with a governmental function unless specifically set 13 
forth in this section; or 14 
 (4)  Obstruction, impairment, or hindrance of what a person 15 
reasonably believes is a public servant's unlawful action. 16 
 (d)(1)  As used in this section, “code enforcement officer” means an 17 
individual charged with the duty of enforcing a municipal code, municipal 18 
ordinance, or municipal regulation as defined by a municipal code, municipal 19 
ordinance, or municipal regulation. 20 
 (2)  “Code enforcement officer” includes a municipal animal 21 
control officer. 22 
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