Arkansas 2025 Regular Session

Arkansas Senate Bill SB426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 654 of the Regular Session
3		-	JMB473 04-02-2025 13:51:29 JMB473
4		-
5		-	State of Arkansas As Engrossed: S3/20/25 S4/1/25 S4/2/25 1
	2	+	JMB473 03/10/2025 1:21:57 PM JMB473
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 426 3
8	6		4
9		-	By: Senators Hester, J. Boyd, J. Dismang, Flippo, B. Johnson, Stone, G. Stubblefield, D. Sullivan 5
10		-	By: Representatives Cavenaugh, R. Burkes, Barker, Beck, Bentley, S. Berry, Breaux, A. Brown, K. Brown, 6
11		-	M. Brown, Joey Carr, Childress, C. Cooper, Cozart, Crawford, Furman, Gazaway, Gonzales, Holcomb, 7
12		-	Jean, McNair, Milligan, J. Moore, Nazarenko, Painter, Puryear, Richmond, M. Shepherd, Torres, Tosh, 8
13		-	Underwood, Unger, Walker 9
14		-	10
15		-	For An Act To Be Entitled 11
16		-	AN ACT TO CREATE THE DEFENSE AGAINST CRIMINAL 12
17		-	ILLEGALS ACT; TO ESTABLISH ENHANCED PENALTIES FOR 13
18		-	ILLEGAL ALIENS WHO COMMIT SERIOUS FELONIES INVOLVING 14
19		-	VIOLENCE; TO ENSURE THAT SHERIFF'S OFFICES AND THE 15
20		-	DIVISION OF CORRECTION CAN PARTICIPATE IN THE WARRANT 16
21		-	SERVICE OFFICER PROGRAM; TO EXPAND THE STATE'S 17
22		-	CURRENT BAN ON SANCTUARY CITIES TO INCLUDE COUNTIES 18
23		-	AND UNINCORPORATED AREAS; AND FOR OTHER PURPOSES. 19
24		-	20
25		-	21
26		-	Subtitle 22
27		-	TO CREATE THE DEFENSE AGAINST CRIMINAL 23
28		-	ILLEGALS ACT; AND TO ESTABLISH ENHANCED 24
29		-	PENALTIES FOR ILLEGAL ALIENS WHO COMMIT 25
30		-	SERIOUS FELONIES INVOLVING VIOLENCE. 26
31		-	27
32		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
33		-	29
34		-	SECTION 1. DO NOT CODIFY. Title. 30
35		-	This act shall be known and may be cited as the "Defense Against 31
36		-	Criminal Illegals Act". 32
37		-	33
38		-	SECTION 2. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 34
39		-	to add an additional section to read as follows: 35
40		-	5-4-708. Enhanced penalties for serious felonies involving violence 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
41		-
42		-	2 04-02-2025 13:51:29 JMB473
43		-
44		-
45		-	committed while in the country illegally — Definition. 1
46		-	(a) As used in this section, “serious felony involving violence” 2
47		-	means: 3
48		-	(1) Murder in the first degree, § 5 -10-102; 4
49		-	(2) Murder in the second degree, § 5 -10-103; 5
50		-	(3) Battery in the first degree, § 5 -13-201; 6
51		-	(4) Aggravated assault, § 5 -13-204; 7
52		-	(5) Terroristic threatening, § 5 -13-301, if a felony; 8
53		-	(6) Terroristic act, § 5 -13-310; 9
54		-	(7) Rape, § 5-14-103; 10
55		-	(8) Causing a catastrophe, § 5 -38-202(a); 11
56		-	(9) Arson, § 5-38-301; 12
57		-	(10) Terrorism, § 5-54-205; 13
58		-	(11) A felony offense under § 5 -54-201 et seq.; 14
59		-	(12) Criminal use of prohibited weapons, § 5 -73-104, involving 15
60		-	an activity making the offense punishable by a Class B felony; 16
61		-	(13) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 17
62		-	or 18
63		-	(14) A felony attempt, solicitation, or conspiracy to commit an 19
64		-	offense listed in this subsection, if the attempt, solicitation, or 20
65		-	conspiracy constitutes a felony. 21
66		-	(b) A person is subject to an enhanced penalty for a serious felony 22
67		-	involving violence in this state if the person was illegally or unlawfully in 23
68		-	the United States at the time that the serious felony involving violence was 24
69		-	committed in this state. 25
70		-	(c) The enhanced penalty under this section is as follows: 26
71		-	(1) If the person is convicted of a Class D felony or an 27
72		-	unclassified felony with a maximum authorized term of imprisonment that does 28
73		-	not exceed six (6) years, the enhanced penalty shall be an additional term of 29
74		-	years not to exceed four (4) years; 30
75		-	(2) If the person is convicted of a Class C felony, a Class B 31
76		-	felony, a Class A felony, or an unclassified felony with a maximum authorized 32
77		-	term of imprisonment that is greater than six (6) years, but does not exceed 33
78		-	thirty (30) years, the enhanced penalty shall be an additional term of years 34
79		-	not to exceed ten (10) years; and 35
80		-	(3) If the person is convicted of a Class Y felony or an 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
81		-
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83		-
84		-
85		-	unclassified felony with a maximum authorized term of imprisonment that 1
86		-	exceeds thirty (30) years or that includes a life sentence, the enhanced 2
87		-	penalty shall be an additional term of years not to exceed twenty (20) years. 3
88		-	(d)(1) To seek an enhanced penalty established in this section, a 4
89		-	prosecuting attorney shall notify the defendant in writing that the defendant 5
90		-	is subject to the enhanced penalty. 6
91		-	(2) If the defendant is charged by information or indictment, 7
92		-	the prosecuting attorney may include the written notice in the information or 8
93		-	indictment. 9
94		-	(e) The enhanced portion of the sentence is consecutive to any other 10
95		-	sentence imposed. 11
96		-	(f) Any person convicted under this section is not eligible for early 12
97		-	release on parole, transfer to post -release supervision, or community 13
98		-	correction transfer for the enhanced portion of the sentence. 14
99		-	15
100		-	SECTION 3. Arkansas Code Title 12, Chapter 27, Subchapter 1, is 16
101		-	amended to add an additional section to read as follows: 17
102		-	12-27-152. Division of Correction participation in the Warrant Service 18
103		-	Officer Program — Definition. 19
104		-	(a) As used in this section, "Warrant Service Officer Program" means 20
105		-	the program of the United States Immigration and Customs Enforcement 21
106		-	authorizing state and local law enforcement officers to serve and execute 22
107		-	administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 23
108		-	1357(g), as it existed on January 1, 2025. 24
109		-	(b) The Division of Correction shall: 25
110		-	(1) Apply to participate in the Warrant Service Officer Program; 26
111		-	(2) Upon a successful application, enter into an agreement with 27
112		-	United States Immigration and Customs Enforcement for participation in the 28
113		-	Warrant Service Officer Program; and 29
114		-	(3) Renew the agreement upon the expiration of the agreement. 30
115		-	(c) If the division applies to participate in the Warrant Service 31
116		-	Officer Program and is denied, the division shall: 32
117		-	(1) Ascertain from the United States Customs and Immigration 33
118		-	Enforcement the reason for the denial of the division's application; 34
119		-	(2) Make a good faith effort to address and remedy the reason 35
120		-	for the denial of the application; and 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
121		-
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123		-
124		-
125		-	(3) Reapply to participate in the Warrant Service Officer 1
126		-	Program. 2
127		-	(d)(1) If the division applies to participate in the Warrant Service 3
128		-	Officer Program and is continually denied, the division may apply for a 4
129		-	waiver from the state. 5
130		-	(2) The Division of Correction shall promulgate rules for the 6
131		-	process of obtaining a waiver from the state under subdivision (d)(1) of this 7
132		-	section. 8
133		-	9
134		-	SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 5, is 10
135		-	amended to add an additional section to read as follows: 11
136		-	12-41-512. Participation in Warrant Service Officer Program by county 12
137		-	sheriff in charge of a county jail — Definition. 13
138		-	(a) As used in this section: 14
139		-	(1) "Jail Enforcement Model" means a model of the United States 15
140		-	Immigration and Customs Enforcement authorizing deputized state and local law 16
141		-	enforcement officers to interrogate a person for information relating to the 17
142		-	person's immigration status and to issue an immigration detainer under the 18
143		-	Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on January 19
144		-	1, 2025; and 20
145		-	(2) "Warrant Service Officer Program" means the program of the 21
146		-	United States Immigration and Customs Enforcement authorizing state and local 22
147		-	law enforcement officers to serve and execute administrative warrants under 23
148		-	the Immigration and Nationality Act, 8 U.S.C. § 1357(g), as it existed on 24
149		-	January 1, 2025. 25
150		-	(b) A county sheriff in charge of a county jail shall: 26
151		-	(1) Apply to participate in the Warrant Service Officer Program; 27
152		-	(2) Upon a successful application, enter into an agreement with 28
153		-	United States Immigration and Customs Enforcement for participation in the 29
154		-	Warrant Service Officer Program; and 30
155		-	(3) Renew the agreement upon the expiration of the agreement. 31
156		-	(c)(1) A county sheriff in charge of a county jail may choose to 32
157		-	participate in the Jail Enforcement Model. 33
158		-	(2) If a county sheriff in charge of a county jail participates 34
159		-	in the Jail Enforcement Model, the county sheriff in charge of a county jail 35
160		-	is exempt from the requirements under this section to participate in the 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
161		-
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163		-
164		-
165		-	Warrant Service Officer Model or the Warrant Service Officer Program. 1
166		-	(d) If a county sheriff in charge of a county jail applies to 2
167		-	participate in the Warrant Service Officer Program and is denied, he or she 3
168		-	shall: 4
169		-	(1) Ascertain from the United States Customs and Immigration 5
170		-	Enforcement the reason for the denial of his or her application; 6
171		-	(2) Make a good faith effort to address and remedy the reason 7
172		-	for the denial of the application; and 8
173		-	(3) Apply again to participate in the Warrant Service Officer 9
174		-	Program. 10
175		-	(e)(1) If a county sheriff in charge of a county jail applies to 11
176		-	participate in the Warrant Service Officer Program and is continually denied, 12
177		-	he or she may apply for a waiver from the state. 13
178		-	(2) The Division of Correction shall promulgate rules for the 14
179		-	process of obtaining a waiver from the state under subdivision (e)(1) of this 15
180		-	section. 16
181		-	17
182		-	SECTION 5. Arkansas Code § 14 -1-103 is amended to read as follows: 18
183		-	14-1-103. Sanctuary policies prohibited — Definition. 19
184		-	(a)(1) A municipality local government shall not enact or adopt a 20
185		-	sanctuary policy. 21
186		-	(2) A municipality local government that enacts or adopts a 22
187		-	sanctuary policy is ineligible for discretionary moneys provided through 23
188		-	funds or grants administered by the state until the sanctuary policy is 24
189		-	repealed or no longer in effect. 25
190		-	(b) As used in this section ,: 26
191		-	(1) "Local government" means: 27
192		-	(A) A county; 28
193		-	(B) A city of the first class, a city of the second class, 29
194		-	or an incorporated town; or 30
195		-	(C) Any other political subdivision of the state; and 31
196		-	(2) “sanctuary Sanctuary policy” means an order, ordinance, or 32
197		-	law enforcement policy, whether formally enacted or informally adopted by 33
198		-	custom or practice, that: 34
199		-	(1)(A) Limits or prohibits a municipal local government official 35
200		-	or person employed by the municipality local government from communicating or 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
201		-
202		-	6 04-02-2025 13:51:29 JMB473
203		-
204		-
205		-	cooperating with federal agencies or officials to verify or report the 1
206		-	immigration status of a person within the municipality local government; 2
207		-	(2)(B) Grants to illegal immigrants the right to lawful presence 3
208		-	or status within the municipality local government in violation of federal 4
209		-	law; 5
210		-	(3)(C) Violates 8 U.S.C. § 1373, as in effect January 1, 2019; 6
211		-	(4)(D) Restricts or imposes any conditions upon the 7
212		-	municipality's local government's cooperation or compliance with detainers or 8
213		-	other requests from United States Immigration and Customs Enforcement to 9
214		-	maintain custody of an immigrant or to transfer an immigrant to the custody 10
215		-	of United States Immigration and Customs Enforcement; 11
216		-	(5)(E) Requires United States Immigration and Customs 12
217		-	Enforcement to obtain a warrant or demonstrate more than probable cause 13
218		-	before complying with detainers or other legal and valid requests from United 14
219		-	States Immigration and Customs Enforcement to maintain custody of an 15
220		-	immigrant or to transfer an immigrant to the custody of United States 16
221		-	Immigration and Customs Enforcement; or 17
222		-	(6)(F) Prevents law enforcement officers from asking a person 18
223		-	about his or her citizenship or immigration status. 19
224		-	(c)(1) Upon receiving a complaint from a resident of the state of a 20
225		-	violation of this section by a municipality local government, the Attorney 21
226		-	General shall issue an opinion stating whether the municipality local 22
227		-	government is in violation of this section. 23
228		-	(2) If the Attorney General issues an opinion stating that the 24
229		-	municipality local government has enacted or adopted a sanctuary policy that 25
230		-	violates this section, the municipality local government is ineligible to 26
231		-	receive discretionary moneys provided through funds or grants administered by 27
232		-	the state until the Attorney General certifies that the sanctuary policy is 28
233		-	repealed or no longer in effect. 29
234		-	(d)(1) Before the provision of funds or the award of grants is made to 30
235		-	a municipality local government, a member of the General Assembly may request 31
236		-	that the Attorney General issue an opinion stating whether the municipality 32
237		-	local government has current policies in violation of this section. 33
238		-	(2) A municipality local government deemed ineligible for 34
239		-	discretionary moneys under this section is ineligible to receive 35
240		-	discretionary moneys provided through funds or grants administered by the 36 As Engrossed: S3/20/25 S4/1/25 S4/2/25 SB426
241		-
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243		-
244		-
245		-	state until the Attorney General certifies that the municipality local 1
246		-	government is in full compliance with this section. 2
247		-	(e) A municipality local government may appeal a decision of the 3
248		-	Attorney General under this section to the Pulaski County Circuit Court. 4
249		-	(f) Records created in connection with administrative investigations 5
250		-	related to this section are not subject to the Freedom of Information Act of 6
251		-	1967, § 25-19-101 et seq. 7
252		-	8
253		-	/s/Hester 9
254		-	10
255		-	11
256		-	APPROVED: 4/16/25 12
257		-	13
258		-	14
259		-	15
260		-	16
	7	+	By: Senator Hester 5
	8	+	By: Representatives Cavenaugh, R. Burkes 6
	9	+	7
	10	+	For An Act To Be Entitled 8
	11	+	AN ACT TO CREATE THE DEFENSE AGAINST CRIMINAL 9
	12	+	ILLEGALS ACT; TO ESTABLISH ENHANCED PENALTIES FOR 10
	13	+	ILLEGAL ALIENS WHO COMMIT SERIOUS FELONIES INVOLVING 11
	14	+	VIOLENCE; TO ENSURE THAT SHERIFF'S OFFICES AND THE 12
	15	+	DIVISION OF CORRECTION CAN PARTICIPATE IN THE WARRANT 13
	16	+	SERVICE OFFICER PROGRAM; TO EXPAND THE STATE'S 14
	17	+	CURRENT BAN ON SANCTUARY CITIES TO INCLUDE COUNTIES 15
	18	+	AND UNINCORPORATED AREAS; AND FOR OTHER PURPOSES. 16
261	19		17
262	20		18
263		-	19
264		-	20
265		-	21
266		-	22
267		-	23
	21	+	Subtitle 19
	22	+	TO CREATE THE DEFENSE AGAINST CRIMINAL 20
	23	+	ILLEGALS ACT; AND TO ESTABLISH ENHANCED 21
	24	+	PENALTIES FOR ILLEGAL ALIENS WHO COMMIT 22
	25	+	SERIOUS FELONIES INVOLVING VIOLENCE. 23
268	26		24
269		-	25
	27	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
270	28		26
271		-	27
272		-	28
273		-	29
	29	+	SECTION 1. DO NOT CODIFY. Title. 27
	30	+	This act shall be known and may be cited as the "Defense Against 28
	31	+	Criminal Illegals Act". 29
274	32		30
275		-	31
276		-	32
	33	+	SECTION 2. Arkansas Code Title 5, Chapter 4, Subchapter 7, is amended 31
	34	+	to add an additional section to read as follows: 32
	35	+	5-4-708. Enhanced penalties for serious felonies involving violence 33
	36	+	committed while in the country illegally — Definition. 34
	37	+	(a) As used in this section, “serious felony involving violence” 35
	38	+	means: 36 SB426
	39	+
	40	+	2 03/10/2025 1:21:57 PM JMB473
	41	+	(1) Murder in the first degree, § 5 -10-102; 1
	42	+	(2) Murder in the second degree, § 5 -10-103; 2
	43	+	(3) Battery in the first degree, § 5 -13-201; 3
	44	+	(4) Aggravated assault, § 5 -13-204; 4
	45	+	(5) Terroristic threatening, § 5 -13-301, if a felony; 5
	46	+	(6) Terroristic act, § 5 -13-310; 6
	47	+	(7) Causing a catastrophe, § 5 -38-202(a); 7
	48	+	(8) Arson, § 5-38-301; 8
	49	+	(9) Terrorism, § 5-54-205; 9
	50	+	(10) A felony offense under § 5 -54-201 et seq.; 10
	51	+	(11) Criminal use of prohibited weapons, § 5 -73-104, involving 11
	52	+	an activity making the offense punishable by a Class B felony; 12
	53	+	(12) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 13
	54	+	or 14
	55	+	(13) A felony attempt, solicitation, or conspiracy to commit an 15
	56	+	offense listed in this subsection, if the attempt, solicitation, or 16
	57	+	conspiracy constitutes a felony. 17
	58	+	(b) A person is subject to an enhanced penalty for a serious felony 18
	59	+	involving violence in this state if the person was illegally or unlawfully in 19
	60	+	the United States at the time that the serious felony involving violence was 20
	61	+	committed in this state. 21
	62	+	(c) The enhanced penalty under this section is as follows: 22
	63	+	(1) If the person is convicted of an unclassified felony, the 23
	64	+	offense shall be a Class D felony; 24
	65	+	(2) If the person is convicted of a Class D felony, the offense 25
	66	+	shall be a Class C felony; 26
	67	+	(3) If the person is convicted of a Class C felony, the offense 27
	68	+	shall be a Class B felony; 28
	69	+	(4) If the person is convicted of a Class B felony, the offense 29
	70	+	shall be a Class A felony; 30
	71	+	(5) If the person is convicted of a Class A felony, the offense 31
	72	+	shall be a Class Y felony; and 32
	73	+	(6) If the person is convicted of a Class Y felony, an 33
	74	+	additional period of imprisonment of at least two (2) years but no more than 34
	75	+	ten (10) years. 35
	76	+	(d)(1) To seek an enhanced penalty established in this section, a 36 SB426
	77	+
	78	+	3 03/10/2025 1:21:57 PM JMB473
	79	+	prosecuting attorney shall notify the defendant in writing that the defendant 1
	80	+	is subject to the enhanced penalty. 2
	81	+	(2) If the defendant is charged by information or indictment, 3
	82	+	the prosecuting attorney may include the written notice in the information or 4
	83	+	indictment. 5
	84	+	(e) The enhanced portion of the sentence is consecutive to any other 6
	85	+	sentence imposed. 7
	86	+	(f) Any person convicted under this section is not eligible for early 8
	87	+	release on parole, transfer to post -release supervision, or community 9
	88	+	correction transfer for the enhanced portion of the sentence. 10
	89	+	11
	90	+	SECTION 3. Arkansas Code Title 12, Chapter 27, Subchapter 1, is 12
	91	+	amended to add an additional section to read as follows: 13
	92	+	12-27-152. Division of Correction participation in the Warrant Service 14
	93	+	Officer Program — Definition. 15
	94	+	(a) As used in this section, "Warrant Service Officer Program" means 16
	95	+	the program of the United States Immigration and Customs Enforcement 17
	96	+	authorizing state and local law enforcement officers to serve and execute 18
	97	+	administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 19
	98	+	1357(g), as it existed on January 1, 2025. 20
	99	+	(b) The Division of Correction shall: 21
	100	+	(1) Apply to participate in the Warrant Service Officer Program; 22
	101	+	(2) Upon a successful application, enter into an agreement with 23
	102	+	United States Immigration and Customs Enforcement for participation in the 24
	103	+	Warrant Service Officer Program; and 25
	104	+	(3) Renew the agreement upon the expiration of the agreement. 26
	105	+	(c) If the division applies to participate in the Warrant Service 27
	106	+	Officer Program and is denied, the division shall: 28
	107	+	(1) Ascertain from the United States Customs and Immigration 29
	108	+	Enforcement the reason for the denial of the division's application; 30
	109	+	(2) Make a good faith effort to address and remedy the reason 31
	110	+	for the denial of the application; and 32
	111	+	(3) Reapply to participate in the Warrant Service Officer 33
	112	+	Program. 34
	113	+	(d)(1) If the division applies to participate in the Warrant Service 35
	114	+	Officer Program and is continually denied, the division may apply for a 36 SB426
	115	+
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	117	+	waiver from the state. 1
	118	+	(2) The Division of Correction shall promulgate rules for the 2
	119	+	process of obtaining a waiver from the state under subdivision (d)(1) of this 3
	120	+	section. 4
	121	+	5
	122	+	SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 5, is 6
	123	+	amended to add an additional section to read as follows: 7
	124	+	12-41-512. Participation in Warrant Service Officer Program by county 8
	125	+	sheriff in charge of a county jail — Definition. 9
	126	+	(a) As used in this section, "Warrant Service Officer Program" means 10
	127	+	the program of the United States Immigration and Customs Enforcement 11
	128	+	authorizing state and local law enforcement officers to serve and execute 12
	129	+	administrative warrants under the Immigration and Nationality Act, 8 U.S.C. § 13
	130	+	1357(g), as it existed on January 1, 2025. 14
	131	+	(b) A county sheriff in charge of a county jail shall: 15
	132	+	(1) Apply to participate in the Warrant Service Officer Program; 16
	133	+	(2) Upon a successful application, enter into an agreement with 17
	134	+	United States Immigration and Customs Enforcement for participation in the 18
	135	+	Warrant Service Officer Program; and 19
	136	+	(3) Renew the agreement upon the expiration of the agreement. 20
	137	+	(c)(1) A county sheriff in charge of a county jail may choose to 21
	138	+	participate in the Jail Enforcement Model. 22
	139	+	(2) If a county sheriff in charge of a county jail participates 23
	140	+	in the Jail Enforcement Model, the county sheriff in charge of a county jail 24
	141	+	is exempt from the requirements under this section to participate in the 25
	142	+	Warrant Service Officer Model or the Warrant Service Officer Program. 26
	143	+	(d) If a county sheriff in charge of a county jail applies to 27
	144	+	participate in the Warrant Service Officer Program and is denied, he or she 28
	145	+	shall: 29
	146	+	(1) Ascertain from the United States Customs and Immigration 30
	147	+	Enforcement the reason for the denial of his or her application; 31
	148	+	(2) Make a good faith effort to address and remedy the reason 32
	149	+	for the denial of the application; and 33
	150	+	(3) Apply again to participate in the Warrant Service Officer 34
	151	+	Program. 35
	152	+	(e)(1) If a county sheriff in charge of a county jail applies to 36 SB426
	153	+
	154	+	5 03/10/2025 1:21:57 PM JMB473
	155	+	participate in the Warrant Service Officer Program and is continually denied, 1
	156	+	he or she may apply for a waiver from the state. 2
	157	+	(2) The Division of Correction shall promulgate rules for the 3
	158	+	process of obtaining a waiver from the state under subdivision (e)(1) of this 4
	159	+	section. 5
	160	+	6
	161	+	SECTION 5. Arkansas Code § 14 -1-103 is amended to read as follows: 7
	162	+	14-1-103. Sanctuary policies prohibited — Definition. 8
	163	+	(a)(1) A municipality local government shall not enact or adopt a 9
	164	+	sanctuary policy. 10
	165	+	(2) A municipality local government that enacts or adopts a 11
	166	+	sanctuary policy is ineligible for discretionary moneys provided through 12
	167	+	funds or grants administered by the state until the sanctuary policy is 13
	168	+	repealed or no longer in effect. 14
	169	+	(b) As used in this section ,: 15
	170	+	(1) "Local government" means: 16
	171	+	(A) A county; 17
	172	+	(B) A city of the first class, a city of the second class, 18
	173	+	or an incorporated town; or 19
	174	+	(C) Any other political subdivision of the state; and 20
	175	+	(2) “sanctuary Sanctuary policy” means an order, ordinance, or 21
	176	+	law enforcement policy, whether formally enacted or informally adopted by 22
	177	+	custom or practice, that: 23
	178	+	(1)(A) Limits or prohibits a municipal local government official 24
	179	+	or person employed by the municipality local government from communicating or 25
	180	+	cooperating with federal agencies or officials to verify or report the 26
	181	+	immigration status of a person within the municipality local government; 27
	182	+	(2)(B) Grants to illegal immigrants the right to lawful presence 28
	183	+	or status within the municipality local government in violation of federal 29
	184	+	law; 30
	185	+	(3)(C) Violates 8 U.S.C. § 1373, as in effect January 1, 2019; 31
	186	+	(4)(D) Restricts or imposes any conditions upon the 32
	187	+	municipality's local government's cooperation or compliance with detainers or 33
	188	+	other requests from United States Immigration and Customs Enforcement to 34
	189	+	maintain custody of an immigrant or to transfer an immigrant to the custody 35
	190	+	of United States Immigration and Customs Enforcement; 36 SB426
	191	+
	192	+	6 03/10/2025 1:21:57 PM JMB473
	193	+	(5)(E) Requires United States Immigration and Customs 1
	194	+	Enforcement to obtain a warrant or demonstrate more than probable cause 2
	195	+	before complying with detainers or other legal and valid requests from United 3
	196	+	States Immigration and Customs Enforcement to maintain custody of an 4
	197	+	immigrant or to transfer an immigrant to the custody of United States 5
	198	+	Immigration and Customs Enforcement; or 6
	199	+	(6)(F) Prevents law enforcement officers from asking a person 7
	200	+	about his or her citizenship or immigration status. 8
	201	+	(c)(1) Upon receiving a complaint from a resident of the state of a 9
	202	+	violation of this section by a municipality local government, the Attorney 10
	203	+	General shall issue an opinion stating whether the municipality local 11
	204	+	government is in violation of this section. 12
	205	+	(2) If the Attorney General issues an opinion stating that the 13
	206	+	municipality local government has enacted or adopted a sanctuary policy that 14
	207	+	violates this section, the municipality local government is ineligible to 15
	208	+	receive discretionary moneys provided through funds or grants administered by 16
	209	+	the state until the Attorney General certifies that the sanctuary policy is 17
	210	+	repealed or no longer in effect. 18
	211	+	(d)(1) Before the provision of funds or the award of grants is made to 19
	212	+	a municipality local government, a member of the General Assembly may request 20
	213	+	that the Attorney General issue an opinion stating whether the municipality 21
	214	+	local government has current policies in violation of this section. 22
	215	+	(2) A municipality local government deemed ineligible for 23
	216	+	discretionary moneys under this section is ineligible to receive 24
	217	+	discretionary moneys provided through funds or grants administered by the 25
	218	+	state until the Attorney General certifies that the municipality local 26
	219	+	government is in full compliance with this section. 27
	220	+	(e) A municipality local government may appeal a decision of the 28
	221	+	Attorney General under this section to the Pulaski County Circuit Court. 29
	222	+	(f) Records created in connection with administrative investigations 30
	223	+	related to this section are not subject to the Freedom of Information Act of 31
	224	+	1967, § 25-19-101 et seq. 32
277	225		33
278	226		34
279	227		35
280	228		36