3 | 2 | | *CEB070* 03/11/2025 1:11:55 PM CEB070 |
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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 430 3 |
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7 | 6 | | 4 |
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8 | 7 | | By: Senator J. Bryant 5 |
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9 | 8 | | By: Representative Rose 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 REQUIRE MANDATORY RESTITUTION TO BE AWARDED 9 |
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13 | 12 | | TO A VICTIM OF HUMAN TRAFFICKING; TO AMEND THE 10 |
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14 | 13 | | ARKANSAS CRIME VICTIMS REPARATIONS ACT; AND FOR OTHER 11 |
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15 | 14 | | PURPOSES. 12 |
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16 | 15 | | 13 |
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17 | 16 | | 14 |
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18 | 17 | | Subtitle 15 |
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19 | 18 | | AN ACT TO REQUIRE MANDATORY RESTITUTION 16 |
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20 | 19 | | TO BE AWARDED TO A VICTIM OF HUMAN 17 |
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21 | 20 | | TRAFFICKING; AND TO AMEND THE ARKANSAS 18 |
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22 | 21 | | CRIME VICTIMS REPARATIONS ACT. 19 |
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23 | 22 | | 20 |
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24 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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25 | 24 | | 22 |
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26 | 25 | | SECTION 1. Arkansas Code Title 16, Chapter 90, Subchapter 3, is 23 |
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27 | 26 | | amended to add an additional section to read as follows: 24 |
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28 | 27 | | 16-90-312. Restitution for victims of human trafficking. 25 |
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29 | 28 | | (a) A person convicted of any violation of the Human Trafficking Act 26 |
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30 | 29 | | of 2013, § 5-18-101 et seq., shall be ordered to pay mandatory restitution to 27 |
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31 | 30 | | the victim or other entity, as appropriate, including without limitation: 28 |
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32 | 31 | | (1) Costs of medical and psychological treatment, including 29 |
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33 | 32 | | physical and occupational therapy and rehabilitation; 30 |
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34 | 33 | | (2) Costs of necessary transportation, temporary housing, and 31 |
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35 | 34 | | child care; 32 |
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36 | 35 | | (3) Cost of the investigation and prosecution and other court -33 |
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37 | 36 | | related costs such as victim advocate fees; 34 |
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38 | 37 | | (4) Return of property, cost of damage to property, or full 35 |
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39 | 38 | | value of property if destroyed or damaged beyond repair; 36 SB430 |
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40 | 39 | | |
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41 | 40 | | 2 03/11/2025 1:11:55 PM CEB070 |
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42 | 41 | | (5)(A) Expenses incurred by a victim and any household member or 1 |
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43 | 42 | | other family member of the victim in relocating away from the defendant or 2 |
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44 | 43 | | his or her associates, including without limitation: 3 |
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45 | 44 | | (i) Deposits for utilities and telephone service; 4 |
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46 | 45 | | (ii) Deposits for rental housing; 5 |
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47 | 46 | | (iii) Temporary lodging and food expenses; and 6 |
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48 | 47 | | (iv) Clothing and personal items. 7 |
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49 | 48 | | (B) Expenses incurred under subdivision (a)(5)(A) of this 8 |
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50 | 49 | | section shall be verified as necessary for: 9 |
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51 | 50 | | (i) The personal safety of the victim or household 10 |
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52 | 51 | | member or other family member of the victim; or 11 |
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53 | 52 | | (ii) The emotional well -being of the victim; and 12 |
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54 | 53 | | (6) Any other loss suffered by the victim as a result of any 13 |
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55 | 54 | | violation of the Human Trafficking Act of 2013, § 5 -18-101 et seq. 14 |
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56 | 55 | | (b) The return of the victim to his or her home country or other 15 |
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57 | 56 | | absence of the victim from the state shall not prevent the victim from 16 |
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58 | 57 | | receiving restitution under this section. 17 |
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59 | 58 | | 18 |
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60 | 59 | | SECTION 2. Arkansas Code § 16 -90-712(a)(1), concerning conditions for 19 |
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61 | 60 | | claims filed under the Arkansas Crime Victims Reparations Act, is amended to 20 |
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62 | 61 | | read as follows: 21 |
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63 | 62 | | (1) Unless the claim has been filed with the Crime Victims 22 |
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64 | 63 | | Reparations Board within one (1) year five (5) years after the injury or 23 |
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65 | 64 | | death upon which the claim is based, unless except: 24 |
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66 | 65 | | (A) When the board finds good cause for the failure to 25 |
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67 | 66 | | file a timely claim; or 26 |
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68 | 67 | | (B) If the victim is a minor, the claim is filed within 27 |
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69 | 68 | | five (5) years after the date the victim reaches eighteen (18) years of age; 28 |
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70 | 69 | | 29 |
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71 | 70 | | 30 |
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