Arkansas 2025 Regular Session

Arkansas Senate Bill SB442 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 667 of the Regular Session
3		-	CEB072 04-01-2025 12:43:46 CEB072
4		-
5		-	State of Arkansas As Engrossed: S4/1/25 1
	2	+	CEB072 03/12/2025 8:04:17 AM CEB072
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 442 3
8	6		4
9	7		By: Senator J. Bryant 5
10	8		By: Representative McAlindon 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE LAW CONCERNING HUMAN TRAFFICKING; 9
14	12		TO PROVIDE FOR FORFEITURE OF ASSETS USED TO CONDUCT 10
15	13		HUMAN TRAFFICKING; TO CREATE THE OFFENSE OF HARBORING 11
16	14		AN ENDANGERED RUNAWAY CHILD; TO CREATE THE ARKANSAS 12
17	15		HUMAN TRAFFICKING COUNCIL SUPPORT FUND; TO AMEND THE 13
18	16		FINE PAYMENTS FOR HUMAN TRAFFICKING OFFENSES AND 14
19	17		PROSTITUTION OFFENSES; AND FOR OTHER PURPOSES. 15
20	18		16
21	19		17
22	20		Subtitle 18
23	21		TO AMEND THE LAW CONCERNING HUMAN 19
24	22		TRAFFICKING; TO PROVIDE FOR FORFEITURE 20
25	23		OF ASSETS USED TO CONDUCT HUMAN 21
26	24		TRAFFICKING; AND TO CREATE THE OFFENSE 22
27	25		OF HARBORING AN ENDANGERED RUNAWAY 23
28	26		CHILD. 24
29	27		25
30	28		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
31	29		27
32	30		SECTION 1. Arkansas Code § 5 -5-201(a), concerning certain asset 28
33	31		forfeiture proceedings, is amended to read as follows: 29
34	32		(a) Upon conviction, any conveyance, including an aircraft, motor 30
35	33		vehicle, or vessel, is subject to forfeiture under this subchapter if it is 31
36	34		used in the commission or attempt of: 32
37	35		(1) A burglary; 33
38	36		(2) A robbery; 34
39	37		(3) A theft; or 35
40		-	(4) An arson; or 36 ~~As Engrossed: S4/1/25~~ SB442
	38	+	(4) An arson; or 36 SB442
41	39
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43		-
44		-
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45	41		(5) Trafficking of persons, § 5 -18-103. 1
46	42		2
47	43		SECTION 2. Arkansas Code § 5 -5-202(b)(2), concerning the seizure of 3
48	44		conveyances for certain asset forfeiture proceedings, is amended to read as 4
49	45		follows: 5
50	46		(2) Any law enforcement officer has probable cause to believe 6
51	47		that the conveyance was used in the commission or attempt of: 7
52	48		(A) A burglary; 8
53	49		(B) A robbery; 9
54	50		(C) A theft; or 10
55	51		(D) An arson; or 11
56	52		(E) Trafficking of persons, § 5 -18-103. 12
57	53		13
58	54		SECTION 3. Arkansas Code § 5 -5-501(d), concerning the impoundment of a 14
59	55		motor vehicle used in a prostitution offense and the assessment of the 15
60	56		impoundment fee, is amended to read as follows: 16
61	57		(d) An impoundment fee assessed under this section shall be collected 17
62	58		by the impounding law enforcement agency and remitted to the Human 18
63	59		Trafficking Victim Support Fund Arkansas Human Trafficking Council Support 19
64	60		Fund on the first business day of each month. 20
65	61		21
66	62		SECTION 4. Arkansas Code Title 5, Chapter 5, is amended to add an 22
67	63		additional subchapter to read as follows: 23
68	64		Subchapter 6 — Forfeiture of Property used in Human Trafficking 24
69	65		25
70	66		5-5-601. Forfeiture of assets and disposition of proceeds. 26
71	67		(a) In addition to any other civil or criminal penalties provided by 27
72	68		law, real or personal property used in the commission of a violation of the 28
73	69		Human Trafficking Act of 2013, § 5 -18-101 et seq., shall be forfeited as 29
74	70		provided in this subchapter. 30
75	71		(b) Upon conviction for a violation of the Human Trafficking Act of 31
76	72		2013, § 5-18-101 et seq., the following real or personal property is subject 32
77	73		to forfeiture under this subchapter: 33
78	74		(1) A conveyance, including an aircraft, a vehicle, or vessel; 34
79	75		(2) A book, record, telecommunication equipment, or computer; 35
80		-	(3) Money; 36 ~~As Engrossed: S4/1/25~~ SB442
	76	+	(3) Money; 36 SB442
81	77
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83		-
84		-
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85	79		(4) A negotiable instrument or security; 1
86	80		(5) A weapon; 2
87	81		(6) Anything of value furnished, or intended to be furnished, in 3
88	82		exchange for a violation of the Human Trafficking Act of 2013, § 5 -18-101 et 4
89	83		seq.; 5
90	84		(7) Any real or personal property acquired or received in a 6
91	85		violation of or as an inducement to violate the Human Trafficking Act of 7
92	86		2013, § 5-18-101 et seq.; 8
93	87		(8) Any real or personal property traceable to proceeds from a 9
94	88		violation of the Human Trafficking Act of 2013, § 5 -18-101 et seq.; and 10
95	89		(9) Any real property, including any right, title, and interest 11
96	90		in the whole of or any part of any lot or tract of land used in furtherance 12
97	91		of a violation of the Human Trafficking Act of 2013, § 5 -18-101 et seq. 13
98	92		14
99	93		5-5-602. Real or personal property not subject to forfeiture. 15
100	94		(a)(1) Real or personal property used in furtherance of a violation of 16
101	95		the Human Trafficking Act of 2013, § 5 -18-101 et seq., shall not be forfeited 17
102	96		under this section unless the real or personal property was used with the 18
103	97		owner's knowledge. 19
104	98		(2) If the confiscating authority has reason to believe that the 20
105	99		real or personal property is leased or rented, the confiscating authority 21
106	100		shall notify the owner of the real or personal property within five (5) days 22
107	101		of the confiscation or within five (5) days of learning that the real or 23
108	102		personal property is leased or rented. 24
109	103		(3) Forfeiture of real or personal property encumbered by a bona 25
110	104		fide security interest is subject to the interest of the secured party if the 26
111	105		secured party did not have knowledge of nor consented to the act or omission 27
112	106		in violation of the Human Trafficking Act of 2013 § 5 -18-101 et seq. 28
113	107		(b) No property used by any person as a common carrier in the course 29
114	108		of business as a common carrier is subject to forfeiture under this 30
115	109		subchapter unless it appears that the owner or other person in charge of the 31
116	110		property is a consenting party or privy to a violation of the Human 32
117	111		Trafficking Act of 2013, § 5 -18-101 et seq. 33
118	112		34
119	113		5-5-603. Seizure of real or personal property. 35
120		-	(a) Real or personal property subject to forfeiture under this 36 ~~As Engrossed: S4/1/25~~ SB442
	114	+	(a) Real or personal property subject to forfeiture under this 36 SB442
121	115
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123		-
124		-
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125	117		subchapter may be seized by any law enforcement agent upon process issued by 1
126	118		any circuit court having jurisdiction over the real or personal property on 2
127	119		petition filed by the prosecuting attorney of the judicial circuit. 3
128	120		(b) Seizure without process may be made if: 4
129	121		(1) The seizure is incident to an arrest or a search under a 5
130	122		search warrant or an inspection under an administrative inspection warrant; 6
131	123		(2) The real or personal property subject to seizure has been 7
132	124		the subject of a prior judgment in favor of the state in a criminal 8
133	125		injunction or forfeiture proceeding based upon this subchapter; 9
134	126		(3) The seizing law enforcement agency has probable cause to 10
135	127		believe that the real or personal property is directly or indirectly 11
136	128		dangerous to health or safety; or 12
137	129		(4) The seizing law enforcement agency has probable cause to 13
138	130		believe that the real or personal property was used in the commission or 14
139	131		attempt of a violation of the Human Trafficking Act of 2013, § 5 -18-101 et 15
140	132		seq. 16
141	133		17
142	134		5-5-604. Transfer of real or personal property seized by state or 18
143	135		local agency to federal agency. 19
144		-	(a) A state or local law enforcement agency shall not transfer ~~real~~ or 20
	136	+	(a) A state or local law enforcement agency shall not transfer ral or 20
145	137		personal property seized by the state or local agency to any federal entity 21
146	138		for forfeiture under federal law unless the circuit court having jurisdiction 22
147	139		over the property enters an order, upon petition by the prosecuting attorney, 23
148	140		authorizing the property to be transferred to the federal entity. 24
149	141		(b) A transfer under subsection (a) of this section shall not be 25
150	142		approved unless it reasonably appears that the activity giving rise to the 26
151	143		investigation or seizure involves more than one (1) state or the nature of 27
152	144		the investigation or seizure would be better pursued under federal law. 28
153	145		29
154	146		5-5-605. Custody of real or personal property pending disposition. 30
155	147		(a) Real or personal property seized for forfeiture under this 31
156	148		subchapter is not subject to replevin, but is deemed to be in the custody of 32
157	149		the seizing law enforcement agency subject only to an order or decree of the 33
158	150		circuit court having jurisdiction over the property seized. 34
159	151		(b) Subject to any need to retain the real or personal property as 35
160		-	evidence, when real or personal property is seized under this subchapter the 36 ~~As Engrossed: S4/1/25~~ SB442
	152	+	evidence, when real or personal property is seized under this subchapter the 36 SB442
161	153
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165	155		seizing law enforcement agency shall: 1
166	156		(1) Remove the personal property to a place designated by the 2
167	157		circuit court; 3
168	158		(2) Place the real property under constructive seizure by 4
169	159		posting notice of pending forfeiture on it, by giving notice of pending 5
170	160		forfeiture to its owners and interest holders, or by filing notice of pending 6
171	161		forfeiture in any appropriate public record relating to the real property; 7
172	162		(3) Remove the personal property to a storage area for 8
173	163		safekeeping or, if the personal property is a negotiable instrument or money, 9
174	164		or is not needed for evidentiary purposes, deposit it in an interest -bearing 10
175	165		account; or 11
176	166		(4) Provide for another agency or custodian, including an owner, 12
177	167		secured party, mortgagee, or lienholder, to take custody of the real or 13
178	168		personal property and service, maintain, and operate it as reasonably 14
179	169		necessary to maintain its value in any appropriate location within the 15
180	170		jurisdiction of the court. 16
181	171		(c)(1) In any transfer of real or personal property under § 5 -5-604, a 17
182	172		transfer receipt shall be prepared by the transferring law enforcement 18
183	173		agency. 19
184	174		(2) The transfer receipt shall: 20
185	175		(A) List a detailed and complete description of the real 21
186	176		or personal property being transferred; 22
187	177		(B) State to which federal agency the real or personal 23
188	178		property is being transferred and the source or authorization for the 24
189	179		transfer; and 25
190	180		(C) Be signed by both the transferor and the transferee. 26
191	181		(3) Both transferor and transferee shall maintain a copy of the 27
192	182		transfer receipt. 28
193	183		(d) A person who acts as custodian of real or personal property under 29
194	184		this section is not liable to any person on account of an act done in a 30
195	185		reasonable manner in compliance with an order under this subchapter. 31
196	186		32
197	187		5-5-606. Inventory of real or personal property seized — Referral to 33
198	188		prosecuting attorney — Failure to file confiscation report. 34
199	189		(a) Real or personal property seized by a state or local law 35
200		-	enforcement officer who is attached to, deputized or commissioned by, or 36 ~~As Engrossed: S4/1/25~~ SB442
	190	+	enforcement officer who is attached to, deputized or commissioned by, or 36 SB442
201	191
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204		-
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205	193		working in conjunction with a federal agency remains subject to the 1
206	194		provisions of this section. 2
207	195		(b)(1) When real or personal property is seized for forfeiture by a 3
208	196		law enforcement agency, the seizing law enforcement officer shall prepare and 4
209	197		sign a confiscation report. 5
210	198		(2)(A) The person from whom the real or personal property is 6
211	199		seized shall sign the confiscation report if present and shall immediately 7
212	200		receive a copy of the confiscation report. 8
213	201		(B) If the person refuses to sign the confiscation report, 9
214	202		the confiscation report shall be signed by one (1) additional law enforcement 10
215	203		officer, stating that the person refused to sign the confiscation report. 11
216	204		(3)(A) The original confiscation report shall be filed with the 12
217	205		seizing law enforcement agency within forty -eight (48) hours after the 13
218	206		seizure and maintained in a separate file. 14
219	207		(B) One (1) copy of the confiscation report shall be 15
220	208		retained by the seizing law enforcement officer. 16
221	209		(4) The confiscation report shall contain the following 17
222	210		information: 18
223	211		(A) A detailed description of the real or personal 19
224	212		property seized including without limitation any serial number, model number, 20
225	213		and odometer reading or hour reading of a vehicle or equipment; 21
226	214		(B) The date of seizure; 22
227	215		(C) The name and address of the person from whom the real 23
228	216		or personal property was seized; 24
229	217		(D) The reason for the seizure; 25
230	218		(E) Where the personal property will be held; 26
231	219		(F) The seizing law enforcement officer's name; and 27
232	220		(G) A signed statement by the seizing law enforcement 28
233	221		officer stating that the confiscation report is true and complete. 29
234	222		(5) Within three (3) business days of receiving the confiscation 30
235	223		report, the seizing law enforcement agency shall forward a copy of the 31
236	224		confiscation report to the prosecuting attorney for the district where the 32
237	225		real or personal property was seized and to the Human Trafficking 33
238	226		Coordinator. 34
239	227		(c)(1) Arkansas Legislative Audit shall notify the Human Trafficking 35
240		-	Coordinator and a circuit court in the county of a law enforcement agency, 36 ~~As Engrossed: S4/1/25~~ SB442
	228	+	Coordinator and a circuit court in the county of a law enforcement agency, 36 SB442
241	229
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244		-
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245	231		prosecuting attorney, or other public entity that the law enforcement agency, 1
246	232		prosecuting attorney, or public entity is ineligible to receive any forfeited 2
247	233		funds, forfeited real or personal property, or any grants from the Arkansas 3
248	234		Human Trafficking Council Support Fund, if Arkansas Legislative Audit 4
249	235		determines, by its own investigation or upon written notice from the Human 5
250	236		Trafficking Coordinator, that: 6
251	237		(A) The law enforcement agency has failed to complete and 7
252	238		file the confiscation report as required by this section; or 8
253	239		(B) The law enforcement agency, prosecuting attorney, or 9
254	240		public entity has not properly accounted for any seized real or personal 10
255	241		property. 11
256	242		(2) After the notice by Arkansas Legislative Audit under 12
257	243		subdivision (c)(1) of this section, the circuit court shall not issue any 13
258	244		order distributing seized real or personal property to that law enforcement 14
259	245		agency, prosecuting attorney, or public entity nor shall any grant be awarded 15
260	246		by the Human Trafficking Operations Unit of the Division of Arkansas State 16
261	247		Police to that law enforcement agency, prosecuting attorney, or public entity 17
262	248		until: 18
263	249		(A) The appropriate officials of the law enforcement 19
264	250		agency, prosecuting attorney, or public entity have appeared before the 20
265	251		Legislative Joint Auditing Committee; and 21
266	252		(B) The Legislative Joint Auditing Committee has adopted a 22
267	253		motion authorizing subsequent transfers of forfeited real or personal 23
268	254		property to the law enforcement agency, prosecuting attorney, or public 24
269	255		entity. 25
270	256		(3)(A) While a law enforcement agency, prosecuting attorney, or 26
271	257		other public entity is ineligible to receive forfeited real or personal 27
272	258		property, the circuit court shall order any money that would have been 28
273	259		distributed to that law enforcement agency, prosecuting attorney, or public 29
274	260		entity to be transmitted to the Treasurer of State for deposit into the 30
275	261		Arkansas Human Trafficking Council Support Fund. 31
276	262		(B) If the real or personal property is not cash, the 32
277	263		circuit court shall order the real or personal property converted to cash by 33
278	264		selling the real or personal property under § 5 -5-608(a)(2) and the proceeds 34
279	265		transmitted to the Treasurer of State for deposit into the Arkansas Human 35
280		-	Trafficking Council Support Fund. 36 ~~As Engrossed: S4/1/25~~ SB442
	266	+	Trafficking Council Support Fund. 36 SB442
281	267
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284		-
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285	269		(4) Moneys deposited into the Arkansas Human Trafficking Council 1
286	270		Support Fund pursuant to subdivision (c)(3) of this section are not subject 2
287	271		to recovery or retrieval by the ineligible law enforcement agency, 3
288	272		prosecuting attorney, or other public entity. 4
289	273		(d) The Human Trafficking Coordinator shall make available a 5
290	274		standardized confiscation report form to be used by all law enforcement 6
291	275		agencies with specific instructions and guidelines concerning the type and 7
292	276		monetary value of all real or personal property, including weapons, to be 8
293	277		included in the confiscation report and forwarded to the office of the local 9
294	278		prosecuting attorney and the Human Trafficking Coordinator under subdivision 10
295	279		(b)(5) of this section. 11
296	280		12
297	281		5-5-607. Initiation of forfeiture proceedings — Notice to claimants — 13
298	282		Judicial proceedings. 14
299	283		(a)(1) A prosecuting attorney shall initiate a forfeiture proceeding 15
300	284		under this subchapter by filing a complaint with the circuit clerk of the 16
301	285		county where the real or personal property was seized and by serving the 17
302	286		complaint on all known owners and interest holders of the seized property in 18
303	287		accordance with the Arkansas Rules of Civil Procedure. 19
304	288		(2) The complaint may be based on in rem or in personam 20
305	289		jurisdiction but shall not be filed in such a way as to avoid the 21
306	290		distribution requirements set forth in § 5 -5-609. 22
307	291		(3) The prosecuting attorney shall mail a copy of the complaint 23
308	292		to the Human Trafficking Coordinator within five (5) calendar days after 24
309	293		filing the complaint. 25
310	294		(4) The complaint shall include a copy of the confiscation 26
311	295		report and shall be filed within sixty (60) days after receiving a copy of 27
312	296		the confiscation report from the seizing law enforcement agency. 28
313	297		(5) In a case involving real property, the complaint shall be 29
314	298		filed within sixty (60) days of the defendant's conviction on the charge 30
315	299		giving rise to the forfeiture. 31
316	300		(6)(A) The complaint may be filed after the expiration of the 32
317	301		time set forth in subdivision (b)(1) of this section only if the complaint is 33
318	302		accompanied by a statement of good cause for the late filing. 34
319	303		(B) However, in no event shall the complaint be filed more 35
320		-	than one hundred twenty (120) days after either the date of the seizure or, 36 ~~As Engrossed: S4/1/25~~ SB442
	304	+	than one hundred twenty (120) days after either the date of the seizure or, 36 SB442
321	305
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324		-
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325	307		in a case involving real property, the date of the defendant's conviction. 1
326	308		(C)(i) If the circuit court determines that good cause has 2
327	309		not been established, the circuit court shall order that the seized real or 3
328	310		personal property be returned to the owner or interest holder. 4
329	311		(ii) In addition to the requirements in subdivision 5
330	312		(a)(6)(C)(i) of this section, real or personal property seized but not 6
331	313		subject to forfeiture under this subchapter or subject to disposition 7
332	314		pursuant to law or the Arkansas Rules of Criminal Procedure may be ordered 8
333	315		returned to the owner or interest holder. 9
334	316		(iii) If the owner or interest holder cannot be 10
335	317		determined, the court may order disposition of the real or personal property 11
336	318		as provided in § 5-5-608. 12
337	319		(b)(1) Subject to the Arkansas Rules of Civil Procedure, a defendant 13
338	320		who was arrested for an offense in violation of the Human Trafficking Act of 14
339	321		2013, § 5-18-101 et seq. shall file with the circuit clerk an answer to the 15
340	322		complaint that shall include: 16
341	323		(A) A statement describing the seized real or personal 17
342	324		property and the owner's or interest holder's interest in the seized real or 18
343	325		personal property, with supporting documents to establish the owner's or 19
344	326		interest holder's interest; 20
345	327		(B) A certification by the owner or interest holder 21
346	328		stating that he or she has read the answer and that it is not filed for any 22
347	329		improper purpose; 23
348	330		(C) A statement setting forth any defense to forfeiture; 24
349	331		and 25
350	332		(D) The address at which the owner or interest holder 26
351	333		accepts mail. 27
352	334		(2) Subject to the Arkansas Rules of Civil Procedure, a 28
353	335		defendant who is a third party who was not arrested for an offense giving 29
354	336		rise to a forfeiture action under this subchapter shall file an answer to the 30
355	337		complaint with the circuit clerk within forty -five (45) days of service of 31
356	338		process. 32
357	339		(c)(1) If the owner or interest holder fails to file an answer as 33
358	340		required by subsection (b) of this section, the prosecuting attorney may move 34
359	341		for default judgment pursuant to the Arkansas Rules of Civil Procedure. 35
360		-	(2) If a timely answer is filed: 36 ~~As Engrossed: S4/1/25~~ SB442
	342	+	(2) If a timely answer is filed: 36 SB442
361	343
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363		-
364		-
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365	345		(A) By a defendant who was arrested for an offense giving 1
366	346		rise to the forfeiture action under this section, the prosecuting attorney 2
367	347		shall prove by a preponderance of the evidence that the seized real or 3
368	348		personal property should be forfeited; or 4
369	349		(B) By a third party who was not arrested for an offense 5
370	350		giving rise to the forfeiture action, the prosecuting attorney shall prove by 6
371	351		clear and convincing evidence that the seized real or personal property 7
372	352		should be forfeited. 8
373	353		(3)(A) After the prosecuting attorney has presented proof under 9
374	354		subdivision (c)(2) of this section, any owner or interest holder of the real 10
375	355		or personal property seized may present evidence why the seized real or 11
376	356		personal property should not be forfeited. 12
377	357		(B) If the circuit court determines that grounds for 13
378	358		forfeiting the seized real or personal property exist and that no defense to 14
379	359		forfeiture has been established by the owner or interest holder, the circuit 15
380	360		court shall enter an order under § 5 -5-608. 16
381	361		(C) If the circuit court determines that the prosecuting 17
382	362		attorney has failed to establish that grounds for forfeiture of the seized 18
383	363		real or personal property exist or that the owner or interest holder has 19
384	364		established a defense to the forfeiture, the court shall order that the 20
385	365		seized real or personal property be immediately returned to the owner or 21
386	366		interest holder. 22
387	367		23
388	368		5-5-608. Final disposition. 24
389	369		(a) When a circuit court having jurisdiction over real or personal 25
390	370		property seized under this subchapter finds that grounds for a forfeiture 26
391	371		exist and the burden of proof has been met under § 5 -5-607, the circuit court 27
392	372		shall enter an order: 28
393	373		(1) Permitting the law enforcement agency or prosecuting 29
394	374		attorney to retain the seized personal property for law enforcement or 30
395	375		prosecutorial purposes subject to subsection (b) of this section; 31
396	376		(2) Directing the retaining law enforcement agency or 32
397	377		prosecuting attorney to sell at public sale, under § 5 -5-101(e) and (f), the 33
398	378		seized real or personal property that is not required by law to be destroyed 34
399	379		and that is not harmful to the public; or 35
400		-	(3) Transferring a motor vehicle to a school district for use in 36 ~~As Engrossed: S4/1/25~~ SB442
	380	+	(3) Transferring a motor vehicle to a school district for use in 36 SB442
401	381
402		-	11 04-01-2025 12:43:46 CEB072
403		-
404		-
	382	+	11 03/12/2025 8:04:17 AM CEB072
405	383		a driver education course. 1
406	384		(b)(1) Seized personal property that is retained by the law 2
407	385		enforcement agency or prosecuting attorney under subdivision (a)(1) of this 3
408	386		section shall not be retained for official use for more than two (2) years, 4
409	387		unless the circuit court finds that the seized property has been used for law 5
410	388		enforcement or prosecutorial purposes and authorizes continued use for those 6
411	389		purposes on an annual basis. 7
412	390		(2) Except as provided in subdivision (b)(1) of this section, no 8
413	391		later than two (2) years after entry of an order under subdivision (a)(1) of 9
414	392		this section, the seized personal property shall be sold as provided in 10
415	393		subdivision (a)(2) of this section, and the proceeds shall be deposited: 11
416		-	(A) Eighty percent (80%) into the ~~human trafficking~~ 12
417		-	~~control fund of the retaining~~ law enforcement agency or prosecuting attorney; 13
418		-	~~and~~ 14
419		-	~~(B) Twenty percent (20%) into~~ the ~~State Treasury as~~ 15
420		-	~~special revenues to be credited to the Arkansas Human Trafficking Council~~ 16
421		-	~~Support Fund.~~ 17
422		-	~~(3)~~ The ~~retaining law enforcement agency or prosecuting attorney~~ 18
423		-	~~may sell~~ the ~~retained seized personal property at any time during~~ the ~~time~~ 19
424		-	~~allowed for retention,~~ and ~~the proceeds~~ of ~~the sale shall be distributed as~~ 20
425		-	~~set forth in subdivisions~~ (~~b)(2)(A~~) ~~and (B) of this section.~~ 21
426		-	~~(4) If the circuit court determines that retained seized~~ 22
427		-	~~personal property has been used~~ for ~~personal use or by~~ non -law enforcement 23
428		-	~~personnel for non-law enforcement purposes, the circuit court shall order the~~ 24
429		-	~~seized personal property to~~ be ~~sold at public sale under § 5 -5-101(e) and~~ 25
430		-	~~(f), and~~ the ~~proceeds shall be deposited into the State Treasury as special~~ 26
431		-	~~revenues to be credited to the Arkansas Human Trafficking Council Support~~ 27
432		-	~~Fund.~~ 28
433		-	~~(5)(A) A law enforcement agency may use~~ seized personal ~~property~~ 29
434		-	or money if the ~~circuit court's order specifies that the seized personal~~ 30
435		-	~~property or money may be retained for official use by the prosecuting~~ 31
436		-	~~attorney, county sheriff, chief of~~ police, Division of Arkansas ~~State Police,~~ 32
437		-	~~or Arkansas Highway Police Division of the Arkansas Department of~~ 33
438		-	~~Transportation.~~ 34
439		-	~~(B) If~~ the ~~circuit court’s order specifies that the seized~~ 35
440		-	~~personal property or money may be retained for official use~~, ~~the prosecuting~~ 36 ~~As Engrossed: S4/1/25~~ SB442
	394	+	(A) Eighty percent (80%) into the budget of the retaining 12
	395	+	law enforcement agency or prosecuting attorney; and 13
	396	+	(B) Twenty percent (20%) into the State Treasury as 14
	397	+	special revenues to be credited to the Arkansas Human Trafficking Council 15
	398	+	Support Fund. 16
	399	+	(3) The retaining law enforcement agency or prosecuting attorney 17
	400	+	may sell the retained seized personal property at any time during the time 18
	401	+	allowed for retention, and the proceeds of the sale shall be distributed as 19
	402	+	set forth in subdivisions (b)(2)(A) and (B) of this section. 20
	403	+	(4) If the circuit court determines that retained seized 21
	404	+	personal property has been used for personal use or by non -law enforcement 22
	405	+	personnel for non-law enforcement purposes, the circuit court shall order the 23
	406	+	seized personal property to be sold at public sale under § 5 -5-101(e) and 24
	407	+	(f), and the proceeds shall be deposited into the State Treasury as special 25
	408	+	revenues to be credited to the Arkansas Human Trafficking Council Support 26
	409	+	Fund. 27
	410	+	(5)(A) A drug task force may use seized personal property or 28
	411	+	money if the circuit court's order specifies that the seized personal 29
	412	+	property or money may be retained for official use by the prosecuting 30
	413	+	attorney, county sheriff, chief of police, Division of Arkansas State Police, 31
	414	+	or Arkansas Highway Police Division of the Arkansas Department of 32
	415	+	Transportation. 33
	416	+	(B) If the circuit court’s order specifies that the seized 34
	417	+	personal property or money may be retained for official use, the prosecuting 35
	418	+	attorney, county sheriff, chief of police, Division of Arkansas State Police, 36 SB442
441	419
442		-	12 04-01-2025 12:43:46 CEB072
	420	+	12 03/12/2025 8:04:17 AM CEB072
	421	+	or Arkansas Highway Police Division of the Arkansas Department of 1
	422	+	Transportation shall: 2
	423	+	(i) Maintain an inventory of the seized personal 3
	424	+	property or money; 4
	425	+	(ii) Be accountable for the seized personal property 5
	426	+	or money; and 6
	427	+	(iii) Be subject to the provisions of § 5 -5-606(c) 7
	428	+	with respect to the seized personal property or money. 8
	429	+	(6) Any weapon not retained for official use shall be disposed 9
	430	+	of in accordance with state and federal law. 10
	431	+	(c) Disposition of seized real or personal property under this section 11
	432	+	is subject to the need to retain the seized real or personal property as 12
	433	+	evidence in any related proceeding. 13
	434	+	(d) Within three (3) business days of the entry of an order, the 14
	435	+	circuit clerk shall forward to the Human Trafficking Coordinator copies of 15
	436	+	the confiscation report, the circuit court's order, and any other 16
	437	+	documentation detailing the disposition of the seized real or personal 17
	438	+	property. 18
	439	+	19
	440	+	5-5-609. Disposition of proceeds from personal property. 20
	441	+	(a) Unless otherwise provided, all personal property which is seized 21
	442	+	under this subchapter shall be liquidated and, after deduction of court costs 22
	443	+	and the expense of liquidation, the proceeds shall be divided as follows: 23
	444	+	(1) If only one (1) law enforcement agency participates in the 24
	445	+	underlying criminal case out of which the forfeiture arises: 25
	446	+	(A) Fifty percent (50%) of the proceeds shall be forwarded 26
	447	+	to the Treasurer of State and deposited in the Arkansas Human Trafficking 27
	448	+	Council Support Fund; and 28
	449	+	(B) Fifty percent (50%) shall be deposited and credited to 29
	450	+	the budget of the participating law enforcement agency; and 30
	451	+	(2)(A) If more than one (1) law enforcement agency participates 31
	452	+	in the underlying criminal case out of which the forfeiture arises: 32
	453	+	(i) Fifty percent (50%) of the proceeds shall be 33
	454	+	forwarded to the Treasurer of State and deposited in the Arkansas Human 34
	455	+	Trafficking Council Support Fund; 35
	456	+	(ii) Twenty-five percent (25%) of the proceeds shall 36 SB442
443	457
	458	+	13 03/12/2025 8:04:17 AM CEB072
	459	+	be deposited and credited to the budget of the law enforcement agency whose 1
	460	+	officers initiated the criminal case; and 2
	461	+	(iii) Twenty-five percent (25%) shall be divided 3
	462	+	equitably between the other participating law enforcement agencies, and shall 4
	463	+	be deposited and credited to the budgets of the participating law enforcement 5
	464	+	agencies. 6
	465	+	(B) In the event that the participating law enforcement 7
	466	+	agencies cannot agree on the division of the participating law enforcement 8
	467	+	agencies' proceeds under subdivision (a)(2)(A)(iii) of this section, a 9
	468	+	petition shall be filed by any one (1) of the participating law enforcement 10
	469	+	agencies in the court in which the forfeiture proceeding is brought, and the 11
	470	+	court shall make an equitable division. 12
	471	+	(b) All money forfeited under this subchapter shall be divided, 13
	472	+	deposited, and credited in the same manner as provided in subsection (a) of 14
	473	+	this section. 15
	474	+	16
	475	+	5-5-610. Disposition of forfeited real property. 17
	476	+	(a)(1) All real property forfeited under the provisions of this 18
	477	+	subchapter shall be sold to the highest bidder at a public auction for cash. 19
	478	+	(2) The chief law enforcement officer of the initiating law 20
	479	+	enforcement agency, or his or her designee, shall conduct the auction at such 21
	480	+	place, on such notice, and in accordance with the same procedure, as far as 22
	481	+	practicable, as is required in the case of sales of land under execution at 23
	482	+	law. 24
	483	+	(b) The proceeds of the sale shall be applied in the following order 25
	484	+	to: 26
	485	+	(1) Satisfy the cost and expense in administering and conducting 27
	486	+	the sale; and 28
	487	+	(2) Satisfy all mortgages, deeds of trust, liens and 29
	488	+	encumbrances of record on the real property. 30
	489	+	(c) Any proceeds remaining under the disposition described under 31
	490	+	subsection (b) of this section will be deposited in the same manner as 32
	491	+	provided in § 5-5-609. 33
	492	+	34
	493	+	5-5-611. In personam proceedings. 35
	494	+	(a) In personam jurisdiction may be based on a defendant's presence in 36 SB442
444	495
445		-	attorney, county sheriff, chief of police, Division of Arkansas State Police, 1
446		-	or Arkansas Highway Police Division of the Arkansas Department of 2
447		-	Transportation shall: 3
448		-	(i) Maintain an inventory of the seized personal 4
449		-	property or money; 5
450		-	(ii) Be accountable for the seized personal property 6
451		-	or money; and 7
452		-	(iii) Be subject to the provisions of § 5 -5-606(c) 8
453		-	with respect to the seized personal property or money. 9
454		-	(6) Any weapon not retained for official use shall be disposed 10
455		-	of in accordance with state and federal law. 11
456		-	(c) Disposition of seized real or personal property under this section 12
457		-	is subject to the need to retain the seized real or personal property as 13
458		-	evidence in any related proceeding. 14
459		-	(d) Within three (3) business days of the entry of an order, the 15
460		-	circuit clerk shall forward to the Human Trafficking Coordinator copies of 16
461		-	the confiscation report, the circuit court's order, and any other 17
462		-	documentation detailing the disposition of the seized real or personal 18
463		-	property. 19
464		-	20
465		-	5-5-609. Disposition of moneys received. 21
466		-	(a)(1) Subject to the provisions of § 5 -5-606, the proceeds of sales 22
467		-	conducted pursuant to § 5 -5-608 and any moneys forfeited or obtained by 23
468		-	judgment or settlement under this subchapter shall be deposited and 24
469		-	distributed in the manner set forth in this section. 25
470		-	(2) Moneys received from a federal forfeiture shall be deposited 26
471		-	and distributed under subsection (f) of this section. 27
472		-	(b) The proceeds of any sale and any moneys forfeited or obtained by 28
473		-	judgment or settlement under this subchapter shall be deposited into the 29
474		-	asset forfeiture fund of the prosecuting attorney and is subject to the 30
475		-	following provisions: 31
476		-	(1) During a calendar year, if the the aggregate amount of 32
477		-	moneys deposited into the asset forfeiture fund exceeds twenty thousand 33
478		-	dollars ($20,000) per county, within fourteen (14) days of the time of the 34
479		-	excess the prosecuting attorney shall notify the circuit judges in the 35
480		-	judicial district and the Human Trafficking Coordinator; 36 As Engrossed: S4/1/25 SB442
	496	+	14 03/12/2025 8:04:17 AM CEB072
	497	+	the state, or on his or her conduct in the state, as set out in § 16 -4-1
	498	+	101(B), and is subject to the provisions of subsection (b) of this section. 2
	499	+	(b)(1) A temporary restraining order under this section may be entered 3
	500	+	ex parte on application of the state, upon a showing that: 4
	501	+	(A) There is probable cause to believe that the property 5
	502	+	with respect to which the order is sought is subject to forfeiture under this 6
	503	+	section; and 7
	504	+	(B) Notice of the action would jeopardize the availability 8
	505	+	of the property for forfeiture. 9
	506	+	(2) Notice of the entry of a temporary restraining order and an 10
	507	+	opportunity for a hearing shall be afforded to a person known to have an 11
	508	+	interest in the real or personal property. 12
	509	+	(3) A hearing under subdivision (b)(2) of this section shall be 13
	510	+	held at the earliest possible date consistent with Rule 65 of the Arkansas 14
	511	+	Rules of Civil Procedure and is limited to the issues of whether: 15
	512	+	(A) There is a probability that the state will prevail on 16
	513	+	the issue of forfeiture and that failure to enter the temporary restraining 17
	514	+	order will result in the real or personal property being destroyed, conveyed, 18
	515	+	alienated, encumbered, disposed of, received, removed from the jurisdiction 19
	516	+	of the circuit court, concealed, or otherwise made unavailable for 20
	517	+	forfeiture; and 21
	518	+	(B) The need to preserve the availability of real or 22
	519	+	personal property through the entry of the temporary restraining order 23
	520	+	outweighs the hardship on any owner or interest holder against whom the 24
	521	+	temporary restraining order is to be entered. 25
	522	+	(c) The state has the burden of proof by a preponderance of the 26
	523	+	evidence to show that the defendant's real or personal property is subject to 27
	524	+	forfeiture. 28
	525	+	(d)(1) After a determination of liability of a person for conduct 29
	526	+	giving rise to forfeiture under this subchapter, the circuit court shall 30
	527	+	enter a judgment of forfeiture of the real or personal property subject to 31
	528	+	forfeiture as alleged in the complaint and may authorize the prosecuting 32
	529	+	attorney or any law enforcement officer to seize any real or personal 33
	530	+	property subject to forfeiture under § 5 -5-601 not previously seized or not 34
	531	+	then under seizure. 35
	532	+	(2) The order of forfeiture shall be consistent with § 5 -5-608. 36 SB442
481	533
482		-	13 04-01-2025 12:43:46 CEB072
	534	+	15 03/12/2025 8:04:17 AM CEB072
	535	+	(3) In connection with the judgment, on application of the 1
	536	+	state, the circuit court may enter any appropriate order to protect the 2
	537	+	interest of the state in the forfeited property. 3
	538	+	(e) Subsequent to the finding of liability and order of forfeiture, 4
	539	+	the following procedures apply: 5
	540	+	(1) The prosecuting attorney shall give notice of pending 6
	541	+	forfeiture, in the manner provided in Rule 4 of the Arkansas Rules of Civil 7
	542	+	Procedure, to any owner or interest holder who has not previously been given 8
	543	+	notice; 9
	544	+	(2) An owner of or interest holder in the real or personal 10
	545	+	property that has been ordered forfeited and whose claim is not precluded may 11
	546	+	file a claim within thirty (30) days after initial notice of pending 12
	547	+	forfeiture or after notice under Rule 4 of the Arkansas Rules of Civil 13
	548	+	Procedure, whichever is earlier; and 14
	549	+	(3) The circuit court may amend the in personam order of 15
	550	+	forfeiture if the circuit court determines that a claimant has established 16
	551	+	that he or she has an interest in the real or personal property and that the 17
	552	+	interest is exempt under § 5 -5-602. 18
	553	+	19
	554	+	5-5-612. Forfeiture of absent, encumbered, or indivisible real or 20
	555	+	personal property. 21
	556	+	The circuit court shall order the forfeiture of any other real or 22
	557	+	personal property of an owner or defendant up to the value of the owner's or 23
	558	+	defendant's real or personal property found by the circuit court to be 24
	559	+	subject to forfeiture under this subchapter if any of the forfeitable real or 25
	560	+	personal property had remained under the control or custody of the owner or 26
	561	+	defendant and the forfeitable real or personal property: 27
	562	+	(1) Cannot be located; 28
	563	+	(2) Was transferred or conveyed to, sold to, or deposited with a 29
	564	+	third party; 30
	565	+	(3) Is beyond the jurisdiction of the circuit court; 31
	566	+	(4) Substantially diminished in value while not in the actual 32
	567	+	physical custody of the seizing law enforcement agency; 33
	568	+	(5) Was commingled with other property that cannot be divided 34
	569	+	without difficulty; or 35
	570	+	(6) Is subject to any interest exempted from forfeiture under § 36 SB442
483	571
	572	+	16 03/12/2025 8:04:17 AM CEB072
	573	+	5-5-602. 1
	574	+	2
	575	+	5-5-613. Conviction required — Exceptions. 3
	576	+	(a) There shall be no civil judgment under this subchapter and no 4
	577	+	property shall be forfeited unless the person from whom the property is 5
	578	+	seized is convicted of a felony offense under the Human Trafficking Act of 6
	579	+	2013, § 5-18-101 et seq., that related to the property being seized and that 7
	580	+	permits the forfeiture of the property. 8
	581	+	(b) The court may waive the conviction requirement under this section 9
	582	+	if the prosecuting attorney shows by clear and convincing evidence that, 10
	583	+	before a conviction, the person from whom the property was seized: 11
	584	+	(1) Died; 12
	585	+	(2) Was deported by the United States Government; 13
	586	+	(3) Was granted immunity or reduced punishment in exchange for 14
	587	+	testifying or assisting a law enforcement agency or prosecution; 15
	588	+	(4) Fled the jurisdiction or failed to appear on the underlying 16
	589	+	criminal charge; 17
	590	+	(5) Failed to answer the complaint for civil asset forfeiture 18
	591	+	under § 5-4-607 as specified in the Arkansas Rules of Civil Procedure; 19
	592	+	(6) Abandoned or disclaimed his or her ownership interest in the 20
	593	+	real or personal property seized; or 21
	594	+	(7) Agreed in writing with the prosecuting attorney and other 22
	595	+	parties as to the disposition of the real or personal property. 23
	596	+	24
	597	+	SECTION 5. Arkansas Code § 5 -18-103(d)(2), concerning the additional 25
	598	+	fine payment upon conviction for trafficking of persons, is amended to read 26
	599	+	as follows: 27
	600	+	(2) Fine payments received under subdivision (d)(1) of this 28
	601	+	section shall be deposited as follows: 29
	602	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 30
	603	+	Sexually Exploited Children ; and 31
	604	+	(B) Fifty percent (50%) into the Human Trafficking Victim 32
	605	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 33
	606	+	34
	607	+	SECTION 6. Arkansas Code § 5 -18-104(c)(2), concerning the additional 35
	608	+	fine payment upon conviction for patronizing a victim of human trafficking, 36 SB442
484	609
485		-	(2) After the notification required under subdivision (b)(1) of 1
486		-	this section, twenty percent (20%) of the proceeds of any additional sale and 2
487		-	any additional moneys forfeited or obtained by judgment or settlement under 3
488		-	this subchapter in the same calendar year shall be deposited into the State 4
489		-	Treasury as special revenues to be credited to the Arkansas Human Trafficking 5
490		-	Council Support Fund, and the remainder shall be deposited into the asset 6
491		-	forfeiture fund of the prosecuting attorney; 7
492		-	(3) Failure of the prosecuting attorney to comply with the 8
493		-	notification requirement under subdivision (b)(1) of this section renders the 9
494		-	prosecuting attorney and any entity eligible to receive forfeited moneys or 10
495		-	property from the prosecuting attorney ineligible to receive forfeited moneys 11
496		-	or property, except as provided in § 5 -5-606; and 12
497		-	(4) Twenty percent (20%) of any moneys in excess of twenty 13
498		-	thousand dollars ($20,000) that have been retained but not reported as 14
499		-	required by subdivision (b)(1) of this section are subject to recovery for 15
500		-	deposit into the State Treasury as special revenues to be credited to the 16
501		-	Arkansas Human Trafficking Council Support Fund. 17
502		-	(c)(1) The prosecuting attorney shall administer expenditures from the 18
503		-	asset forfeiture fund, which is subject to audit by Arkansas Legislative 19
504		-	Audit. 20
505		-	(2) Moneys distributed from the asset forfeiture fund shall only 21
506		-	be used for law enforcement and prosecutorial purposes and moneys in the 22
507		-	asset forfeiture fund shall be distributed in the following order: 23
508		-	(A) For satisfaction of any bona fide security interest or 24
509		-	lien; 25
510		-	(B) For payment of any proper expense of the proceeding 26
511		-	for forfeiture and sale, including expenses of seizure, maintenance of 27
512		-	custody, advertising, and court costs; 28
513		-	(C) Any balance under two hundred fifty thousand dollars 29
514		-	($250,000) shall be distributed proportionally to reflect generally the 30
515		-	contribution of the appropriate local or state law enforcement or 31
516		-	prosecutorial agency's participation in any activity that led to the seizure 32
517		-	or forfeiture of the property or deposit of moneys under this subchapter; and 33
518		-	(D) Any balance over two hundred fifty thousand dollars 34
519		-	($250,000) resulting from the seizure or forfeiture of property or deposit of 35
520		-	moneys under this subchapter shall be forwarded to the Human Trafficking 36 As Engrossed: S4/1/25 SB442
521		-
522		-	14 04-01-2025 12:43:46 CEB072
523		-
524		-
525		-	Coordinator to be transferred to the State Treasury for deposit into the 1
526		-	Arkansas Human Trafficking Support Fund. 2
527		-	(d)(1) For a forfeiture in an amount greater than two hundred fifty 3
528		-	thousand dollars ($250,000) from which expenses are paid for a proceeding for 4
529		-	forfeiture and sale under subdivision (c)(2)(B) of this section, an itemized 5
530		-	accounting of the expenses shall be delivered to the Human Trafficking 6
531		-	Coordinator within ten (10) calendar days after the payment of the expenses. 7
532		-	(2) The itemized accounting shall include the expenses paid, to 8
533		-	whom paid, and for what purposes the expenses where paid. 9
534		-	(e)(1)(A) There is created on the books of each law enforcement agency 10
535		-	and prosecuting attorney a human trafficking control fund. 11
536		-	(B) The human trafficking control fund shall consist of 12
537		-	any moneys obtained under subsection (b) of this section and any other 13
538		-	revenue as may be provided by law or ordinance. 14
539		-	(C) Moneys in the human trafficking control fund: 15
540		-	(i) May not supplant other local, state, or federal 16
541		-	funds; 17
542		-	(ii) Are appropriated on a continuing basis and are 18
543		-	not subject to the Revenue Stabilization Law, § 19 -5-101 et seq.; and 19
544		-	(iii) Shall only be used for law enforcement and 20
545		-	prosecutorial purposes, including without limitation to provide a grant of up 21
546		-	to one thousand dollars ($1,000) to the family of a law enforcement officer 22
547		-	who dies in the prosecuting attorney's jurisdiction. 23
548		-	(D) The human trafficking control fund is subject to audit 24
549		-	by Arkansas Legislative Audit. 25
550		-	(2) A law enforcement agency and prosecuting attorney shall 26
551		-	submit to the Human Trafficking Coordinator on or before January 1 and July 1 27
552		-	of each year a report detailing any moneys received and expenditure made from 28
553		-	the human trafficking control fund during the preceding six -month period. 29
554		-	(f)(1) Any moneys received by a prosecuting attorney or law 30
555		-	enforcement agency from a federal forfeiture shall be deposited and 31
556		-	maintained in a separate account subject to the following provisions: 32
557		-	(A) Any balance over two hundred fifty thousand dollars 33
558		-	($250,000) in the separate account shall be distributed as set forth in 34
559		-	subdivision (f)(2) of this section; 35
560		-	(B) No other moneys maybe maintained in the separate 36 As Engrossed: S4/1/25 SB442
561		-
562		-	15 04-01-2025 12:43:46 CEB072
563		-
564		-
565		-	account except for any interest income generated by the separate account; 1
566		-	(C) Moneys in the separate account shall only be used for 2
567		-	law enforcement and prosecutorial purposes consistent with governing federal 3
568		-	law; and 4
569		-	(D) The separate account is subject to audit by Arkansas 5
570		-	Legislative Audit. 6
571		-	(2) Any balance over two hundred fifty thousand dollars 7
572		-	($250,000) shall be forwarded to the Division of Arkansas State Police to be 8
573		-	transferred to the State Treasury for deposit into the Human Trafficking 9
574		-	Council Support Fund in which the balance shall be maintained separately and 10
575		-	distributed consistent with governing federal law. 11
576		-	12
577		-	5-5-610. In personam proceedings. 13
578		-	(a) In personam jurisdiction may be based on a defendant's presence in 14
579		-	the state, or on his or her conduct in the state, as set out in § 16 -4-15
580		-	101(B), and is subject to the provisions of subsection (b) of this section. 16
581		-	(b)(1) A temporary restraining order under this section may be entered 17
582		-	ex parte on application of the state, upon a showing that: 18
583		-	(A) There is probable cause to believe that the property 19
584		-	with respect to which the order is sought is subject to forfeiture under this 20
585		-	section; and 21
586		-	(B) Notice of the action would jeopardize the availability 22
587		-	of the property for forfeiture. 23
588		-	(2) Notice of the entry of a temporary restraining order and an 24
589		-	opportunity for a hearing shall be afforded to a person known to have an 25
590		-	interest in the real or personal property. 26
591		-	(3) A hearing under subdivision (b)(2) of this section shall be 27
592		-	held at the earliest possible date consistent with Rule 65 of the Arkansas 28
593		-	Rules of Civil Procedure and is limited to the issues of whether: 29
594		-	(A) There is a probability that the state will prevail on 30
595		-	the issue of forfeiture and that failure to enter the temporary restraining 31
596		-	order will result in the real or personal property being destroyed, conveyed, 32
597		-	alienated, encumbered, disposed of, received, removed from the jurisdiction 33
598		-	of the circuit court, concealed, or otherwise made unavailable for 34
599		-	forfeiture; and 35
600		-	(B) The need to preserve the availability of real or 36 As Engrossed: S4/1/25 SB442
601		-
602		-	16 04-01-2025 12:43:46 CEB072
603		-
604		-
605		-	personal property through the entry of the temporary restraining order 1
606		-	outweighs the hardship on any owner or interest holder against whom the 2
607		-	temporary restraining order is to be entered. 3
608		-	(c) The state has the burden of proof by a preponderance of the 4
609		-	evidence to show that the defendant's real or personal property is subject to 5
610		-	forfeiture. 6
611		-	(d)(1) After a determination of liability of a person for conduct 7
612		-	giving rise to forfeiture under this subchapter, the circuit court shall 8
613		-	enter a judgment of forfeiture of the real or personal property subject to 9
614		-	forfeiture as alleged in the complaint and may authorize the prosecuting 10
615		-	attorney or any law enforcement officer to seize any real or personal 11
616		-	property subject to forfeiture under § 5 -5-601 not previously seized or not 12
617		-	then under seizure. 13
618		-	(2) The order of forfeiture shall be consistent with § 5 -5-608. 14
619		-	(3) In connection with the judgment, on application of the 15
620		-	state, the circuit court may enter any appropriate order to protect the 16
621		-	interest of the state in the forfeited property. 17
622		-	(e) Subsequent to the finding of liability and order of forfeiture, 18
623		-	the following procedures apply: 19
624		-	(1) The prosecuting attorney shall give notice of pending 20
625		-	forfeiture, in the manner provided in Rule 4 of the Arkansas Rules of Civil 21
626		-	Procedure, to any owner or interest holder who has not previously been given 22
627		-	notice; 23
628		-	(2) An owner of or interest holder in the real or personal 24
629		-	property that has been ordered forfeited and whose claim is not precluded may 25
630		-	file a claim within thirty (30) days after initial notice of pending 26
631		-	forfeiture or after notice under Rule 4 of the Arkansas Rules of Civil 27
632		-	Procedure, whichever is earlier; and 28
633		-	(3) The circuit court may amend the in personam order of 29
634		-	forfeiture if the circuit court determines that a claimant has established 30
635		-	that he or she has an interest in the real or personal property and that the 31
636		-	interest is exempt under § 5 -5-602. 32
637		-	33
638		-	5-5-611. Forfeiture of absent, encumbered, or indivisible real or 34
639		-	personal property. 35
640		-	The circuit court shall order the forfeiture of any other real or 36 As Engrossed: S4/1/25 SB442
641		-
642		-	17 04-01-2025 12:43:46 CEB072
643		-
644		-
645		-	personal property of an owner or defendant up to the value of the owner's or 1
646		-	defendant's real or personal property found by the circuit court to be 2
647		-	subject to forfeiture under this subchapter if any of the forfeitable real or 3
648		-	personal property had remained under the control or custody of the owner or 4
649		-	defendant and the forfeitable real or personal property: 5
650		-	(1) Cannot be located; 6
651		-	(2) Was transferred or conveyed to, sold to, or deposited with a 7
652		-	third party; 8
653		-	(3) Is beyond the jurisdiction of the circuit court; 9
654		-	(4) Substantially diminished in value while not in the actual 10
655		-	physical custody of the seizing law enforcement agency; 11
656		-	(5) Was commingled with other property that cannot be divided 12
657		-	without difficulty; or 13
658		-	(6) Is subject to any interest exempted from forfeiture under § 14
659		-	5-5-602. 15
660		-	16
661		-	5-5-612. Conviction required — Exceptions. 17
662		-	(a) There shall be no civil judgment under this subchapter and no 18
663		-	property shall be forfeited unless the person from whom the property is 19
664		-	seized is convicted of a felony offense under the Human Trafficking Act of 20
665		-	2013, § 5-18-101 et seq., that related to the property being seized and that 21
666		-	permits the forfeiture of the property. 22
667		-	(b) The court may waive the conviction requirement under this section 23
668		-	if the prosecuting attorney shows by clear and convincing evidence that, 24
669		-	before a conviction, the person from whom the property was seized: 25
670		-	(1) Died; 26
671		-	(2) Was deported by the United States Government; 27
672		-	(3) Was granted immunity or reduced punishment in exchange for 28
673		-	testifying or assisting a law enforcement agency or prosecution; 29
674		-	(4) Fled the jurisdiction or failed to appear on the underlying 30
675		-	criminal charge; 31
676		-	(5) Failed to answer the complaint for civil asset forfeiture 32
677		-	under § 5-64-505 as specified in the Arkansas Rules of Civil Procedure; 33
678		-	(6) Abandoned or disclaimed his or her ownership interest in the real 34
679		-	or personal property seized; or 35
680		-	(7) Agreed in writing with the prosecuting attorney and other 36 As Engrossed: S4/1/25 SB442
681		-
682		-	18 04-01-2025 12:43:46 CEB072
683		-
684		-
685		-	parties as to the disposition of the real or personal property. 1
686		-	2
687		-	SECTION 5. Arkansas Code § 5 -18-103(d)(2), concerning the additional 3
688		-	fine payment upon conviction for trafficking of persons, is amended to read 4
689		-	as follows: 5
690		-	(2) Fine payments received under subdivision (d)(1) of this 6
691		-	section shall be deposited as follows: 7
692		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 8
693		-	Sexually Exploited Children ; and 9
694		-	(B) Fifty percent (50%) into the Human Trafficking Victim 10
695		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 11
696		-	12
697		-	SECTION 6. Arkansas Code § 5 -18-104(c)(2), concerning the additional 13
698		-	fine payment upon conviction for patronizing a victim of human trafficking, 14
699		-	is amended to read as follows: 15
700		-	(2) Fine payments received under subdivision (c)(1) of this 16
701		-	section shall be deposited as follows: 17
702		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 18
703		-	Sexually Exploited Children ; and 19
704		-	(B) Fifty percent (50%) into the Human Trafficking Victim 20
705		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 21
706		-	22
707		-	SECTION 7. Arkansas Code § 5-18-106(c)(2), concerning the additional 23
708		-	fine payment upon conviction for grooming a minor for future sex trafficking, 24
709		-	is amended to read as follows: 25
710		-	(2) Fine payments received under subdivision (c)(1) of this 26
711		-	section shall be deposited as follows: 27
712		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 28
713		-	Sexually Exploited Children; and 29
714		-	(B) Fifty percent (50%) into the Human Trafficking Victim 30
715		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 31
716		-	32
717		-	SECTION 8. Arkansas Code § 5-18-107(f)(2), concerning the additional 33
718		-	fine payment upon conviction for traveling for the purpose of an unlawful sex 34
719		-	act with a minor, is amended to read as follows: 35
720		-	(2) Fine payments received under subdivision (f)(1) of this 36 As Engrossed: S4/1/25 SB442
721		-
722		-	19 04-01-2025 12:43:46 CEB072
723		-
724		-
725		-	section shall be deposited as follows: 1
726		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 2
727		-	Sexually Exploited Children ; and 3
728		-	(B) Fifty percent (50%) into the Human Trafficking Victim 4
729		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 5
730		-	6
731		-	SECTION 9. Arkansas Code Title 5, Chapter 27, Subchapter 2, is amended 7
732		-	to add an additional section to read as follows: 8
733		-	5-27-234. Harboring an endangered runaway minor. 9
734		-	(a) A person commits the offense of harboring an endangered runaway 10
735		-	minor if he or she knowingly harbors a minor who is an endangered runaway 11
736		-	minor for a period of at least seventy -two (72) hours. 12
737		-	(b) Harboring an endangered runaway minor is a: 13
738		-	(1) Class A misdemeanor for a first offense; and 14
739		-	(2) Class D felony for a second or subsequent offense. 15
740		-	(c)(1) In addition to any other sentence authorized by this section, a 16
741		-	person who violates this section upon conviction shall be ordered to pay a 17
742		-	fine of one thousand dollars ($1,000). 18
743		-	(2) Fine payments received under subdivision (c)(1) of this 19
744		-	section shall be deposited one hundred percent (100%) into the Arkansas Human 20
745		-	Trafficking Council Support Fund. 21
746		-	(d) As used in this section, “endangered runaway minor” means an 22
747		-	unemancipated minor who is voluntarily absent from his or her home for at 23
748		-	least seventy-two (72) hours without a compelling reason and without the 24
749		-	consent of his or her custodial parent, guardian, or legal custodian. 25
750		-	(e) It is an affirmative defense to prosecution under this section 26
751		-	that a person acted in good faith to protect the welfare, safety, or health 27
752		-	of the minor, and that he or she: 28
753		-	(1) Promptly notified law enforcement, child protective 29
754		-	services, or another relevant authority upon discovering that the minor was 30
755		-	an endangered runaway minor; 31
756		-	(2) Provided temporary care or shelter solely to protect the 32
757		-	minor from imminent harm; or 33
758		-	(3) Did not have a purpose to interfere with the lawful custody 34
759		-	or rights of a custodial parent or legal guardian of the minor . 35
760		-	36 As Engrossed: S4/1/25 SB442
761		-
762		-	20 04-01-2025 12:43:46 CEB072
763		-
764		-
765		-	SECTION 10. Arkansas Code § 5-70-102(e)(2), concerning the additional 1
766		-	fine payment upon conviction for prostitution, is amended to read as follows: 2
767		-	(2) Fine payments received under subdivision (e)(1) of this 3
768		-	section shall be deposited as follows: 4
769		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 5
770		-	Sexually Exploited Children; and 6
771		-	(B) Fifty percent (50%) into the Human Trafficking Victim 7
772		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 8
773		-	9
774		-	SECTION 11. Arkansas Code § 5 -70-103 is amended to read as follows: 10
775		-	5-70-103. Sexual solicitation. 11
776		-	(a) A person commits the offense of sexual solicitation if he or she: 12
777		-	(1) Offers or agrees to pay a fee to a person to engage in 13
778		-	sexual activity with him or her or another person; or 14
779		-	(2) Solicits or requests a person to engage in sexual activity 15
780		-	with him or her in return for a fee. 16
781		-	(b) Sexual solicitation is an unclassified misdemeanor with the 17
782		-	following sentences: a: 18
783		-	(1) For a first offense: 19
784		-	(A) No more than ninety (90) days' imprisonment; 20
785		-	(B) A fine of no more than two thousand dollars ($2,000); 21
786		-	or 22
787		-	(C) Both imprisonment and a fine; and 23
788		-	(2) For a second or subsequent offense: 24
789		-	(A) No more than one (1) year of imprisonment; 25
790		-	(B) A fine of no more than three thousand five hundred 26
791		-	dollars ($3,500); or 27
792		-	(C) Both imprisonment and a fine. 28
793		-	(1) Class A misdemeanor for a first offense; and 29
794		-	(2) Class D felony for a second or subsequent offense. 30
795		-	(c) It is an affirmative defense to prosecution under this section 31
796		-	that the person engaged in an act of sexual solicitation as a result of being 32
797		-	a victim of trafficking of persons, § 5 -18-103. 33
798		-	(d)(1) In addition to any other sentence authorized by this section, a 34
799		-	person who violates this section by offering to pay, agreeing to pay, or 35
800		-	paying a fee to engage in sexual activity upon conviction shall be ordered to 36 As Engrossed: S4/1/25 SB442
801		-
802		-	21 04-01-2025 12:43:46 CEB072
803		-
804		-
805		-	pay a fine of two thousand five hundred dollars ($2,500). 1
806		-	(2) Fine payments received under subdivision (d)(1) of this 2
	610	+	17 03/12/2025 8:04:17 AM CEB072
	611	+	is amended to read as follows: 1
	612	+	(2) Fine payments received under subdivision (c)(1) of this 2
807	613		section shall be deposited as follows: 3
808	614		(A) Fifty percent (50%) into the Safe Harbor Fund for 4
809	615		Sexually Exploited Children ; and 5
810	616		(B) Fifty percent (50%) into the Human Trafficking Victim 6
811	617		Support Fund into the Arkansas Human Trafficking Council Support Fund . 7
812	618		8
813		-	SECTION 12. Arkansas Code § 5 -~~70-104~~(c)(2), concerning the additional 9
814		-	fine payment upon conviction for ~~promoting prostitution in the first degree~~, 10
	619	+	SECTION 7. Arkansas Code § 5 -18-106(c)(2), concerning the additional 9
	620	+	fine payment upon conviction for grooming a minor for future sex trafficking, 10
815	621		is amended to read as follows: 11
816	622		(2) Fine payments received under subdivision (c)(1) of this 12
817	623		section shall be deposited as follows: 13
818	624		(A) Fifty percent (50%) into the Safe Harbor Fund for 14
819	625		Sexually Exploited Children; and 15
820	626		(B) Fifty percent (50%) into the Human Trafficking Victim 16
821	627		Support Fund into the Arkansas Human Trafficking Council Support Fund . 17
822	628		18
823		-	SECTION 13. Arkansas Code § 5~~-70-105~~(c)(2), concerning the additional 19
824		-	fine payment upon conviction for ~~promoting prostitution in~~ the ~~second degree,~~ 20
825		-	is amended to read as follows: 21
826		-	(2) Fine payments received under subdivision (c)(1) of this 22
	629	+	SECTION 8. Arkansas Code § 5 -18-107(f)(2), concerning the additional 19
	630	+	fine payment upon conviction for traveling for the purpose of an unlawful sex 20
	631	+	act with a minor, is amended to read as follows: 21
	632	+	(2) Fine payments received under subdivision (f)(1) of this 22
827	633		section shall be deposited as follows: 23
828	634		(A) Fifty percent (50%) into the Safe Harbor Fund for 24
829	635		Sexually Exploited Children ; and 25
830	636		(B) Fifty percent (50%) into the Human Trafficking Victim 26
831	637		Support Fund into the Arkansas Human Trafficking Council Support Fund . 27
832	638		28
833		-	SECTION 14. Arkansas Code § 5 ~~-70-106(c)(2)~~, ~~concerning the additional~~ 29
834		-	~~fine payment upon conviction for promoting prostitution in the third degree,~~ 30
835		-	~~is amended to read as follows:~~ 31
836		-	(2) ~~Fine payments received under subdivision (c)(1)~~ of ~~this~~ 32
837		-	~~section shall be deposited as follows:~~ 33
838		-	~~(A) Fifty percent (50%) into the Safe Harbor Fund for~~ 34
839		-	~~Sexually Exploited Children;~~ ~~and~~ 35
840		-	(B) ~~Fifty percent (50%) into the Human Trafficking Victim~~ 36 ~~As Engrossed: S4/1/25~~ SB442
	639	+	SECTION 9. Arkansas Code Title 5, Chapter 27, Subchapter 2, is amended 29
	640	+	to add an additional section to read as follows: 30
	641	+	5-27-234. Harboring an endangered runaway minor. 31
	642	+	(a) A person commits the offense of harboring an endangered runaway 32
	643	+	minor if he or she knowingly harbors a minor who is an endangered runaway 33
	644	+	minor. 34
	645	+	(b) Harboring an endangered runaway minor is a: 35
	646	+	(1) Class A misdemeanor for a first offense; and 36 SB442
841	647
842		-	22 04-01-2025 12:43:46 CEB072
	648	+	18 03/12/2025 8:04:17 AM CEB072
	649	+	(2) Class D felony for a second or subsequent offense. 1
	650	+	(c)(1) In addition to any other sentence authorized by this section, a 2
	651	+	person who violates this section upon conviction shall be ordered to pay a 3
	652	+	fine of one thousand dollars ($1,000). 4
	653	+	(2) Fine payments received under subdivision (c)(1) of this 5
	654	+	section shall be deposited one hundred percent (100%) into the Arkansas Human 6
	655	+	Trafficking Council Support Fund. 7
	656	+	(d) As used in this section, “endangered runaway minor” means an 8
	657	+	unemancipated minor who is voluntarily absent from his or her home for at 9
	658	+	least seventy-two (72) hours without a compelling reason and without the 10
	659	+	consent of his or her custodial parent, guardian, or legal custodian. 11
	660	+	12
	661	+	SECTION 10. Arkansas Code § 5 -70-102(e)(2), concerning the additional 13
	662	+	fine payment upon conviction for prostitution, is amended to read as follows: 14
	663	+	(2) Fine payments received under subdivision (e)(1) of this 15
	664	+	section shall be deposited as follows: 16
	665	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 17
	666	+	Sexually Exploited Children; and 18
	667	+	(B) Fifty percent (50%) into the Human Trafficking Victim 19
	668	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 20
	669	+	21
	670	+	SECTION 11. Arkansas Code § 5 -70-103 is amended to read as follows: 22
	671	+	5-70-103. Sexual solicitation. 23
	672	+	(a) A person commits the offense of sexual solicitation if he or she: 24
	673	+	(1) Offers or agrees to pay a fee to a person to engage in 25
	674	+	sexual activity with him or her or another person; or 26
	675	+	(2) Solicits or requests a person to engage in sexual activity 27
	676	+	with him or her in return for a fee. 28
	677	+	(b) Sexual solicitation is an unclassified misdemeanor with the 29
	678	+	following sentences: a: 30
	679	+	(1) For a first offense: 31
	680	+	(A) No more than ninety (90) days' imprisonment; 32
	681	+	(B) A fine of no more than two thousand dollars ($2,000); 33
	682	+	or 34
	683	+	(C) Both imprisonment and a fine; and 35
	684	+	(2) For a second or subsequent offense: 36 SB442
843	685
	686	+	19 03/12/2025 8:04:17 AM CEB072
	687	+	(A) No more than one (1) year of imprisonment; 1
	688	+	(B) A fine of no more than three thousand five hundred 2
	689	+	dollars ($3,500); or 3
	690	+	(C) Both imprisonment and a fine. 4
	691	+	(1) Class A misdemeanor for a first offense; and 5
	692	+	(2) Class D felony for a second or subsequent offense. 6
	693	+	(c) It is an affirmative defense to prosecution under this section 7
	694	+	that the person engaged in an act of sexual solicitation as a result of being 8
	695	+	a victim of trafficking of persons, § 5 -18-103. 9
	696	+	(d)(1) In addition to any other sentence authorized by this section, a 10
	697	+	person who violates this section by offering to pay, agreeing to pay, or 11
	698	+	paying a fee to engage in sexual activity upon conviction shall be ordered to 12
	699	+	pay a fine of two thousand five hundred dollars ($2,500). 13
	700	+	(2) Fine payments received under subdivision (d)(1) of this 14
	701	+	section shall be deposited as follows: 15
	702	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 16
	703	+	Sexually Exploited Children ; and 17
	704	+	(B) Fifty percent (50%) into the Human Trafficking Victim 18
	705	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 19
	706	+	20
	707	+	SECTION 12. Arkansas Code § 5 -70-104(c)(2), concerning the additional 21
	708	+	fine payment upon conviction for promoting prostitution in the first degree, 22
	709	+	is amended to read as follows: 23
	710	+	(2) Fine payments received under subdivision (c)(1) of this 24
	711	+	section shall be deposited as follows: 25
	712	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 26
	713	+	Sexually Exploited Children; and 27
	714	+	(B) Fifty percent (50%) into the Human Trafficking Victim 28
	715	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 29
	716	+	30
	717	+	SECTION 13. Arkansas Code § 5 -70-105(c)(2), concerning the additional 31
	718	+	fine payment upon conviction for promoting prostitution in the second degree, 32
	719	+	is amended to read as follows: 33
	720	+	(2) Fine payments received under subdivision (c)(1) of this 34
	721	+	section shall be deposited as follows: 35
	722	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 36 SB442
844	723
845		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 1
846		-	2
847		-	SECTION 15. Arkansas Code § 5 -70-107(e)(2), concerning the additional 3
848		-	fine payment upon conviction for sexual solicitation of a minor, is amended 4
849		-	to read as follows: 5
850		-	(2) Fine payments received under subdivision (e)(1) of this 6
851		-	section shall be deposited as follows: 7
852		-	(A) Fifty percent (50%) into the Safe Harbor Fund for 8
853		-	Sexually Exploited Children; and 9
854		-	(B) Fifty percent (50%) into the Human Trafficking Victim 10
855		-	Support Fund into the Arkansas Human Trafficking Council Support Fund . 11
856		-	12
857		-	SECTION 16. Arkansas Code § 5 -70-107, concerning the offense of sexual 13
858		-	solicitation of a minor, is amended to add an additional subsection to read 14
859		-	as follows: 15
860		-	(f) A person who violates this section upon conviction shall be 16
861		-	ordered to attend an education or treatment program for the prevention of sex 17
862		-	offenses and rehabilitation of sex offenders approved by the Human 18
863		-	Trafficking Operations Unit of the Division of Arkansas State Police. 19
864		-	20
865		-	Section 17. Arkansas Code § 12 -19-101 is repealed. 21
866		-	12-19-101. State Task Force for the Prevention of Human Trafficking. 22
867		-	(a)(1) The Attorney General may establish a State Task Force for the 23
868		-	Prevention of Human Trafficking. 24
869		-	(2) The task force shall address all aspects of human 25
870		-	trafficking, including sex trafficking and labor trafficking of both United 26
871		-	States citizens and foreign nationals. 27
872		-	(b) If established, representatives on the task force shall be 28
873		-	appointed by the Attorney General and may include representatives from: 29
874		-	(1) The office of the Attorney General; 30
875		-	(2) The office of the Governor; 31
876		-	(3) The Department of Labor and Licensing; 32
877		-	(4) The Department of Health; 33
878		-	(5) The Department of Human Services; 34
879		-	(6) The Arkansas Association of Chiefs of Police; 35
880		-	(7) The Arkansas Sheriffs' Association; 36 As Engrossed: S4/1/25 SB442
	724	+	20 03/12/2025 8:04:17 AM CEB072
	725	+	Sexually Exploited Children; and 1
	726	+	(B) Fifty percent (50%) into the Human Trafficking Victim 2
	727	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 3
	728	+	4
	729	+	SECTION 14. Arkansas Code § 5 -70-106(c)(2), concerning the additional 5
	730	+	fine payment upon conviction for promoting prostitution in the third degree, 6
	731	+	is amended to read as follows: 7
	732	+	(2) Fine payments received under subdivision (c)(1) of this 8
	733	+	section shall be deposited as follows: 9
	734	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 10
	735	+	Sexually Exploited Children; and 11
	736	+	(B) Fifty percent (50%) into the Human Trafficking Victim 12
	737	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 13
	738	+	14
	739	+	SECTION 15. Arkansas Code § 5 -70-107(e)(2), concerning the additional 15
	740	+	fine payment upon conviction for sexual solicitation of a minor, is amended 16
	741	+	to read as follows: 17
	742	+	(2) Fine payments received under subdivision (e)(1) of this 18
	743	+	section shall be deposited as follows: 19
	744	+	(A) Fifty percent (50%) into the Safe Harbor Fund for 20
	745	+	Sexually Exploited Children; and 21
	746	+	(B) Fifty percent (50%) into the Human Trafficking Victim 22
	747	+	Support Fund into the Arkansas Human Trafficking Council Support Fund . 23
	748	+	24
	749	+	SECTION 16. Arkansas Code § 5 -70-107, concerning the offense of sexual 25
	750	+	solicitation of a minor, is amended to add an additional subsection to read 26
	751	+	as follows: 27
	752	+	(f) A person who violates this section upon conviction shall be 28
	753	+	ordered to attend an education or treatment program for the prevention of sex 29
	754	+	offenses and rehabilitation of sex offenders approved by the Human 30
	755	+	Trafficking Operations Unit of the Division of Arkansas State Police. 31
	756	+	32
	757	+	Section 17. Arkansas Code § 12 -19-101 is repealed. 33
	758	+	12-19-101. State Task Force for the Prevention of Human Trafficking. 34
	759	+	(a)(1) The Attorney General may establish a State Task Force for the 35
	760	+	Prevention of Human Trafficking. 36 SB442
881	761
882		-	23 04-01-2025 12:43:46 CEB072
	762	+	21 03/12/2025 8:04:17 AM CEB072
	763	+	(2) The task force shall address all aspects of human 1
	764	+	trafficking, including sex trafficking and labor trafficking of both United 2
	765	+	States citizens and foreign nationals. 3
	766	+	(b) If established, representatives on the task force shall be 4
	767	+	appointed by the Attorney General and may include representatives from: 5
	768	+	(1) The office of the Attorney General; 6
	769	+	(2) The office of the Governor; 7
	770	+	(3) The Department of Labor and Licensing; 8
	771	+	(4) The Department of Health; 9
	772	+	(5) The Department of Human Services; 10
	773	+	(6) The Arkansas Association of Chiefs of Police; 11
	774	+	(7) The Arkansas Sheriffs' Association; 12
	775	+	(8) The Division of Arkansas State Police; 13
	776	+	(9) The Arkansas Prosecuting Attorneys Association; 14
	777	+	(10) Local law enforcement; and 15
	778	+	(11) Nongovernmental organizations such as: 16
	779	+	(A) Those specializing in the problems of human 17
	780	+	trafficking; 18
	781	+	(B) Those representing diverse communities 19
	782	+	disproportionally affected by human trafficking; 20
	783	+	(C) Agencies devoted to child services and runaway 21
	784	+	services; and 22
	785	+	(D) Academic researchers dedicated to the subject of human 23
	786	+	trafficking. 24
	787	+	(c) If the task force is created by the Attorney General, he or she 25
	788	+	may invite federal agencies that operate in the state to be members of the 26
	789	+	task force, including without limitation: 27
	790	+	(1) The Federal Bureau of Investigation; 28
	791	+	(2) United States Immigration and Customs Enforcement; and 29
	792	+	(3) The United States Department of Labor. 30
	793	+	(d) If the task force is created by the Attorney General, the task 31
	794	+	force shall: 32
	795	+	(1) Develop a state plan; 33
	796	+	(2) Coordinate the implementation of the state plan; 34
	797	+	(3) Coordinate the collection and sharing of human trafficking 35
	798	+	data among government agencies in a manner that ensures that the privacy of 36 SB442
883	799
	800	+	22 03/12/2025 8:04:17 AM CEB072
	801	+	victims of human trafficking is protected and that the data collection shall 1
	802	+	respect the privacy of victims of human trafficking; 2
	803	+	(4) Coordinate the sharing of information between agencies to 3
	804	+	detect individuals and groups engaged in human trafficking; 4
	805	+	(5) Explore the establishment of state policies for time limits 5
	806	+	for the issuance of law enforcement agency endorsements as described in 8 6
	807	+	C.F.R. § 214.11(f)(1), as it existed on January 1, 2013; 7
	808	+	(6) Establish policies to enable state government to work with 8
	809	+	nongovernmental organizations and other elements of the private sector to 9
	810	+	prevent human trafficking and provide assistance to victims of human 10
	811	+	trafficking who are United States citizens or foreign nationals; 11
	812	+	(7) Evaluate various approaches used by state and local 12
	813	+	governments to increase public awareness of human trafficking, including 13
	814	+	trafficking of United States citizens and foreign national victims; 14
	815	+	(8) Develop curriculum and train law enforcement agencies, 15
	816	+	prosecutors, public defenders, judges, and others involved in the criminal 16
	817	+	and juvenile justice systems on: 17
	818	+	(A) Offenses under the Human Trafficking Act of 2013, § 5 -18
	819	+	18-101 et seq.; 19
	820	+	(B) Methods used in identifying victims of human 20
	821	+	trafficking who are United States citizens or foreign nationals, including 21
	822	+	preliminary interview techniques and appropriate questioning methods; 22
	823	+	(C) Methods for prosecuting human traffickers; 23
	824	+	(D) Methods of increasing effective collaboration with 24
	825	+	nongovernmental organizations and other relevant social service organizations 25
	826	+	in the course of investigating and prosecuting a human trafficking case; 26
	827	+	(E) Methods for protecting the rights of victims of human 27
	828	+	trafficking, taking into account the need to consider human rights and 28
	829	+	special needs of women and minors; 29
	830	+	(F) The necessity of treating victims of human trafficking 30
	831	+	as crime victims rather than criminals; and 31
	832	+	(G) Methods for promoting the safety of victims of human 32
	833	+	trafficking; and 33
	834	+	(9) Submit a report of its findings and recommendations to the 34
	835	+	Governor, the Speaker of the House of Representatives, and the President Pro 35
	836	+	Tempore of the Senate. 36 SB442
884	837
885		-	(8) The Division of Arkansas State Police; 1
886		-	(9) The Arkansas Prosecuting Attorneys Association; 2
887		-	(10) Local law enforcement; and 3
888		-	(11) Nongovernmental organizations such as: 4
889		-	(A) Those specializing in the problems of human 5
890		-	trafficking; 6
891		-	(B) Those representing diverse communities 7
892		-	disproportionally affected by human trafficking; 8
893		-	(C) Agencies devoted to child services and runaway 9
894		-	services; and 10
895		-	(D) Academic researchers dedicated to the subject of human 11
896		-	trafficking. 12
897		-	(c) If the task force is created by the Attorney General, he or she 13
898		-	may invite federal agencies that operate in the state to be members of the 14
899		-	task force, including without limitation: 15
900		-	(1) The Federal Bureau of Investigation; 16
901		-	(2) United States Immigration and Customs Enforcement; and 17
902		-	(3) The United States Department of Labor. 18
903		-	(d) If the task force is created by the Attorney General, the task 19
904		-	force shall: 20
905		-	(1) Develop a state plan; 21
906		-	(2) Coordinate the implementation of the state plan; 22
907		-	(3) Coordinate the collection and sharing of human trafficking 23
908		-	data among government agencies in a manner that ensures that the privacy of 24
909		-	victims of human trafficking is protected and that the data collection shall 25
910		-	respect the privacy of victims of human trafficking; 26
911		-	(4) Coordinate the sharing of information between agencies to 27
912		-	detect individuals and groups engaged in human trafficking; 28
913		-	(5) Explore the establishment of state policies for time limits 29
914		-	for the issuance of law enforcement agency endorsements as described in 8 30
915		-	C.F.R. § 214.11(f)(1), as it existed on January 1, 2013; 31
916		-	(6) Establish policies to enable state government to work with 32
917		-	nongovernmental organizations and other elements of the private sector to 33
918		-	prevent human trafficking and provide assistance to victims of human 34
919		-	trafficking who are United States citizens or foreign nationals; 35
920		-	(7) Evaluate various approaches used by state and local 36 As Engrossed: S4/1/25 SB442
	838	+	23 03/12/2025 8:04:17 AM CEB072
	839	+	SECTION 18. Arkansas Code Title 12, Chapter 19, is amended to add an 1
	840	+	additional subchapter to read as follows: 2
	841	+	Subchapter 2 — Human Trafficking Operations Unit 3
	842	+	4
	843	+	12-19-201. Human Trafficking Operations Unit — Creation — Duties. 5
	844	+	(a) There is established a Human Trafficking Operations Unit within 6
	845	+	the Division of Arkansas State Police. 7
	846	+	(b) The Human Trafficking Operations Unit shall: 8
	847	+	(1) Consist of commissioned officers and analysts of the 9
	848	+	division; 10
	849	+	(2) Support and initiate criminal investigations of human 11
	850	+	trafficking, including sex trafficking and forced labor; and 12
	851	+	(3) Support and initiate investigations involving missing 13
	852	+	children that are considered high -risk victims. 14
	853	+	15
	854	+	12-19-202. Human Trafficking Coordinator — Creation — Duties. 16
	855	+	(a) There is created the position of Human Trafficking Coordinator 17
	856	+	within the Division of Arkansas State Police. 18
	857	+	(b) The Human Trafficking Coordinator shall: 19
	858	+	(1) Coordinate the implementation of this subchapter; 20
	859	+	(2) Serve as a commissioned officer within the Division of 21
	860	+	Arkansas State Police and perform duties as assigned; 22
	861	+	(3) Supervise the Human Trafficking Operations Unit and Human 23
	862	+	Trafficking Analyst; 24
	863	+	(4) Evaluate state efforts to combat human trafficking and 25
	864	+	identify areas for improvement; 26
	865	+	(5) Collect data on human trafficking activity within the state 27
	866	+	on an ongoing basis, including types of activities reported, efforts to 28
	867	+	combat human trafficking, and impact on victims and on the state; 29
	868	+	(6) Redact identifying information of any victim and his or her 30
	869	+	family from all publicly released portions of the collected data; 31
	870	+	(7) Promote public awareness about human trafficking, remedies 32
	871	+	and services for victims, and hotline information; 33
	872	+	(8) Create and maintain a website to publicize human trafficking 34
	873	+	prevention efforts; 35
	874	+	(9) Prepare and submit the annual report of the Human 36 SB442
921	875
922		-	24 04-01-2025 12:43:46 CEB072
	876	+	24 03/12/2025 8:04:17 AM CEB072
	877	+	Trafficking Operations Unit to the Game and Fish/State Police Subcommittee of 1
	878	+	the Legislative Council, the Senate Interim Committee on Children and Youth, 2
	879	+	and the House Committee on Aging, Children and Youth, Legislative and 3
	880	+	Military Affairs; 4
	881	+	(10) Develop and implement policies pertaining to the use of the 5
	882	+	Arkansas Human Trafficking Council Support Fund to support investigations and 6
	883	+	services for victims of human trafficking in the state; 7
	884	+	(11) Assist in the creation and operations of local human 8
	885	+	trafficking task forces or working groups around the state, including serving 9
	886	+	on a task force or a multidisciplinary child protection team; 10
	887	+	(12) Prepare and submit applications for relevant available 11
	888	+	grants that may enhance the investigation and prosecution of trafficking 12
	889	+	offenses or to improve victim services to combat human trafficking within 13
	890	+	this state; and 14
	891	+	(13) Perform any other duties as required by the division. 15
	892	+	(c)(1) The Human Trafficking Coordinator may seek input and assistance 16
	893	+	from state agencies, nongovernmental agencies, service providers, and other 17
	894	+	individuals in the performance of the duties of the Human Trafficking 18
	895	+	Coordinator. 19
	896	+	(2) Each state agency, board, and commission shall be required 20
	897	+	to fully cooperate with the Human Trafficking Coordinator when assistance is 21
	898	+	requested under subdivision (c)(1) of this section. 22
	899	+	(3) Every investigation of a human trafficking offense shall be 23
	900	+	reported to the Human Trafficking Coordinator by the initiating law 24
	901	+	enforcement agency under guidelines established by the Human Trafficking 25
	902	+	Coordinator. 26
	903	+	(4) A state agency, nongovernmental agency, service provider, or 27
	904	+	local or state law enforcement agency providing information to the Human 28
	905	+	Trafficking Coordinator under this subchapter may disclose identifying 29
	906	+	information regarding a minor victim to the Human Trafficking Coordinator for 30
	907	+	the purposes of evaluating and collecting data regarding trafficking offenses 31
	908	+	in the state. 32
	909	+	33
	910	+	12-19-203. Human Trafficking Analyst — Creation — Duties. 34
	911	+	(a) There is created the position of Human Trafficking Analyst within 35
	912	+	the Division of Arkansas State Police. 36 SB442
923	913
	914	+	25 03/12/2025 8:04:17 AM CEB072
	915	+	(b) The Human Trafficking Analyst shall: 1
	916	+	(1) Provide the Human Trafficking Operations Unit with 2
	917	+	objective, reliable, comparable, current data, and information in the field 3
	918	+	of human trafficking; 4
	919	+	(2) Direct support to a law enforcement officer investigating 5
	920	+	human trafficking on all tips, reports of possible human trafficking, and 6
	921	+	undercover operations; and 7
	922	+	(3) Assist the Human Trafficking Coordinator with carrying out 8
	923	+	the functions of the Human Trafficking Operations Unit. 9
	924	+	10
	925	+	SECTION 19. Arkansas Code § 19 -5-1261 is repealed. 11
	926	+	19-5-1261. Human Trafficking Victim Support Fund — Definition. 12
	927	+	(a) There is created on the books of the Treasurer of State, the 13
	928	+	Auditor of State, and the Chief Fiscal Officer of the State a fund to be 14
	929	+	known as the “Human Trafficking Victim Support Fund”. 15
	930	+	(b) The fund shall consist of fees collected under § 5 -5-501(d), fines 16
	931	+	collected under § 5-18-103(d), § 5-18-104(c), § 5-18-106(c), § 5-18-107(f), § 17
	932	+	5-70-102(e), § 5-70-103(d), § 5-70-104(c), § 5-70-105(c), § 5-70-106(c), and 18
	933	+	§ 5-70-107(e), and any other revenues authorized by law. 19
	934	+	(c)(1) The fund shall be administered by the Attorney General. 20
	935	+	(2) The Attorney General shall use the fund to provide: 21
	936	+	(A) Grants to nonprofit, religious, and other third -party 22
	937	+	organizations that provide services and treatment, such as securing 23
	938	+	residential housing, health services, and social services for victims of 24
	939	+	human trafficking; 25
	940	+	(B) Training and education related to human trafficking to 26
	941	+	law enforcement; and 27
	942	+	(C) For the management and operation of the fund. 28
	943	+	(d) As used in this section, “victim of human trafficking” means a 29
	944	+	person who has been subject to sexual exploitation because the person: 30
	945	+	(1) Is a victim of trafficking of persons under § 5 -18-103; 31
	946	+	(2) Is a victim of child sex trafficking under 18 U.S.C. § 1591, 32
	947	+	as it existed on January 1, 2017; or 33
	948	+	(3) Engages in an act of prostitution under § 5 -70-102 or sexual 34
	949	+	solicitation under § 5 -70-103 or § 5-70-107. 35
	950	+	36 SB442
924	951
925		-	governments to increase public awareness of human trafficking, including 1
926		-	trafficking of United States citizens and foreign national victims; 2
927		-	(8) Develop curriculum and train law enforcement agencies, 3
928		-	prosecutors, public defenders, judges, and others involved in the criminal 4
929		-	and juvenile justice systems on: 5
930		-	(A) Offenses under the Human Trafficking Act of 2013, § 5 -6
931		-	18-101 et seq.; 7
932		-	(B) Methods used in identifying victims of human 8
933		-	trafficking who are United States citizens or foreign nationals, including 9
934		-	preliminary interview techniques and appropriate questioning methods; 10
935		-	(C) Methods for prosecuting human traffickers; 11
936		-	(D) Methods of increasing effective collaboration with 12
937		-	nongovernmental organizations and other relevant social service organizations 13
938		-	in the course of investigating and prosecuting a human trafficking case; 14
939		-	(E) Methods for protecting the rights of victims of human 15
940		-	trafficking, taking into account the need to consider human rights and 16
941		-	special needs of women and minors; 17
942		-	(F) The necessity of treating victims of human trafficking 18
943		-	as crime victims rather than criminals; and 19
944		-	(G) Methods for promoting the safety of victims of human 20
945		-	trafficking; and 21
946		-	(9) Submit a report of its findings and recommendations to the 22
947		-	Governor, the Speaker of the House of Representatives, and the President Pro 23
948		-	Tempore of the Senate. 24
949		-	SECTION 18. Arkansas Code Title 12, Chapter 19, is amended to add an 25
950		-	additional subchapter to read as follows: 26
951		-	Subchapter 2 — Human Trafficking Operations Unit 27
952		-	28
953		-	12-19-201. Human Trafficking Operations Unit — Creation — Duties. 29
954		-	(a) There is established a Human Trafficking Operations Unit within 30
955		-	the Division of Arkansas State Police. 31
956		-	(b) The Human Trafficking Operations Unit shall: 32
957		-	(1) Consist of commissioned officers and analysts of the 33
958		-	division; 34
959		-	(2) Support and initiate criminal investigations of human 35
960		-	trafficking, including sex trafficking and forced labor; and 36 As Engrossed: S4/1/25 SB442
	952	+	26 03/12/2025 8:04:17 AM CEB072
	953	+	SECTION 20. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 1
	954	+	amended to add an additional section to read as follows: 2
	955	+	19-5-1288. Arkansas Human Trafficking Council Support Fund — 3
	956	+	Definition. 4
	957	+	(a) There is created on the books of the Treasurer of State, the 5
	958	+	Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 6
	959	+	fund to be known as the "Arkansas Human Trafficking Council Support Fund". 7
	960	+	(b) The fund shall consist of: 8
	961	+	(1) Fees collected under § 5 -5-501(d) and fines collected under 9
	962	+	§§ 5-18-103(d), 5-18-104(c), 5-18-106(c), 5-18-107(f), 5-27-234(c), 5-70-10
	963	+	102(e), 5-70-103(d), 5-70-104(c), 5-70-105(c), 5-70-106(c), and 5-70-107(e); 11
	964	+	(2) Moneys appropriated by the General Assembly; 12
	965	+	(3) The interest accruing to the fund; 13
	966	+	(4) Donations to the fund; and 14
	967	+	(5) Any other revenues authorized by law. 15
	968	+	(c)(1) The fund shall be administered by the Division of Arkansas 16
	969	+	State Police. 17
	970	+	(2) The division shall use the fund to provide: 18
	971	+	(A) Services and treatment, such as securing residential 19
	972	+	housing, advocacy and coordination, legal services, health services, and 20
	973	+	social services for victims of human trafficking; 21
	974	+	(B) Grants to nonprofit, religious, and other third -party 22
	975	+	organizations that provide services and treatment, securing residential 23
	976	+	housing, advocacy and coordination, legal services, health services, and 24
	977	+	social services for victims of human trafficking; 25
	978	+	(C) Training for the Human Trafficking Operations Unit; 26
	979	+	(D) Equipment and supplies for the unit; 27
	980	+	(E) Software and subscription licensing for the unit; 28
	981	+	(F) Travel reimbursement and reconciliation for the unit; 29
	982	+	(G) Outreach material for the unit; and 30
	983	+	(H) Support for other duties of the unit prescribed by 31
	984	+	law. 32
	985	+	(3) The fund shall not be used to purchase motor vehicles or 33
	986	+	emergency equipment for motor vehicles. 34
	987	+	(d) As used in this section, "victim of human trafficking" means a 35
	988	+	person who has been subject to sexual exploitation because the person: 36 SB442
961	989
962		-	25 04-01-2025 12:43:46 CEB072
963		-
964		-
965		-	(3) Support and initiate investigations involving missing 1
966		-	children that are considered high -risk victims. 2
967		-	3
968		-	12-19-202. Human Trafficking Coordinator — Creation — Duties. 4
969		-	(a) There is created the position of Human Trafficking Coordinator 5
970		-	within the Division of Arkansas State Police. 6
971		-	(b) The Human Trafficking Coordinator shall: 7
972		-	(1) Coordinate the implementation of this subchapter; 8
973		-	(2) Serve as a commissioned officer within the Division of 9
974		-	Arkansas State Police and perform duties as assigned; 10
975		-	(3) Supervise the Human Trafficking Operations Unit and Human 11
976		-	Trafficking Analyst; 12
977		-	(4) Evaluate state efforts to combat human trafficking and 13
978		-	identify areas for improvement; 14
979		-	(5) Collect data on human trafficking activity within the state 15
980		-	on an ongoing basis, including types of activities reported, efforts to 16
981		-	combat human trafficking, and impact on victims and on the state; 17
982		-	(6) Redact identifying information of any victim and his or her 18
983		-	family from all publicly released portions of the collected data; 19
984		-	(7) Promote public awareness about human trafficking, remedies 20
985		-	and services for victims, and hotline information; 21
986		-	(8) Create and maintain a website to publicize human trafficking 22
987		-	prevention efforts; 23
988		-	(9) Prepare and submit the annual report of the Human 24
989		-	Trafficking Operations Unit to the Game and Fish/State Police Subcommittee of 25
990		-	the Legislative Council, the Senate Interim Committee on Children and Youth, 26
991		-	and the House Committee on Aging, Children and Youth, Legislative and 27
992		-	Military Affairs; 28
993		-	(10) Develop and implement policies pertaining to the use of the 29
994		-	Arkansas Human Trafficking Council Support Fund to support investigations and 30
995		-	services for victims of human trafficking in the state; 31
996		-	(11) Assist in the creation and operations of local human 32
997		-	trafficking task forces or working groups around the state, including serving 33
998		-	on a task force or a multidisciplinary child protection team; 34
999		-	(12) Prepare and submit applications for relevant available 35
1000		-	grants that may enhance the investigation and prosecution of trafficking 36 As Engrossed: S4/1/25 SB442
1001		-
1002		-	26 04-01-2025 12:43:46 CEB072
1003		-
1004		-
1005		-	offenses or to improve victim services to combat human trafficking within 1
1006		-	this state; and 2
1007		-	(13) Perform any other duties as required by the division. 3
1008		-	(c)(1) The Human Trafficking Coordinator may seek input and assistance 4
1009		-	from state agencies, nongovernmental agencies, service providers, and other 5
1010		-	individuals in the performance of the duties of the Human Trafficking 6
1011		-	Coordinator. 7
1012		-	(2) Each state agency, board, and commission shall be required 8
1013		-	to fully cooperate with the Human Trafficking Coordinator when assistance is 9
1014		-	requested under subdivision (c)(1) of this section. 10
1015		-	(3) Every investigation of a human trafficking offense shall be 11
1016		-	reported to the Human Trafficking Coordinator by the initiating law 12
1017		-	enforcement agency under guidelines established by the Human Trafficking 13
1018		-	Coordinator. 14
1019		-	(4) A state agency, nongovernmental agency, service provider, or 15
1020		-	local or state law enforcement agency providing information to the Human 16
1021		-	Trafficking Coordinator under this subchapter may disclose identifying 17
1022		-	information regarding a minor victim to the Human Trafficking Coordinator for 18
1023		-	the purposes of evaluating and collecting data regarding trafficking offenses 19
1024		-	in the state. 20
1025		-	21
1026		-	12-19-203. Human Trafficking Analyst — Creation — Duties. 22
1027		-	(a) There is created the position of Human Trafficking Analyst within 23
1028		-	the Division of Arkansas State Police. 24
1029		-	(b) The Human Trafficking Analyst shall: 25
1030		-	(1) Provide the Human Trafficking Operations Unit with 26
1031		-	objective, reliable, comparable, current data, and information in the field 27
1032		-	of human trafficking; 28
1033		-	(2) Direct support to a law enforcement officer investigating 29
1034		-	human trafficking on all tips, reports of possible human trafficking, and 30
1035		-	undercover operations; and 31
1036		-	(3) Assist the Human Trafficking Coordinator with carrying out 32
1037		-	the functions of the Human Trafficking Operations Unit. 33
1038		-	34
1039		-	SECTION 19. Arkansas Code § 19 -5-1252(b) concerning the Safe Harbor 35
1040		-	Fund for Sexually Exploited Children, is amended to read as follows: 36 As Engrossed: S4/1/25 SB442
1041		-
1042		-	27 04-01-2025 12:43:46 CEB072
1043		-
1044		-
1045		-	(b) The fund shall consist of fines collected under § 5 -18-103(d), § 5-1
1046		-	18-104(c), § 5-18-106(c), § 5-18-107(f), § 5-70-102(e), § 5-70-103(d), § 5-2
1047		-	70-104(c), § 5-70-105(c), § 5-70-106(c), and § 5-70-107(e) and any other 3
1048		-	general revenues as may be authorized by law. 4
1049		-	5
1050		-	SECTION 20. Arkansas Code § 19 -5-1261 is repealed. 6
1051		-	19-5-1261. Human Trafficking Victim Support Fund — Definition. 7
1052		-	(a) There is created on the books of the Treasurer of State, the 8
1053		-	Auditor of State, and the Chief Fiscal Officer of the State a fund to be 9
1054		-	known as the “Human Trafficking Victim Support Fund”. 10
1055		-	(b) The fund shall consist of fees collected under § 5 -5-501(d), fines 11
1056		-	collected under § 5-18-103(d), § 5-18-104(c), § 5-18-106(c), § 5-18-107(f), § 12
1057		-	5-70-102(e), § 5-70-103(d), § 5-70-104(c), § 5-70-105(c), § 5-70-106(c), and 13
1058		-	§ 5-70-107(e), and any other revenues authorized by law. 14
1059		-	(c)(1) The fund shall be administered by the Attorney General. 15
1060		-	(2) The Attorney General shall use the fund to provide: 16
1061		-	(A) Grants to nonprofit, religious, and other third -party 17
1062		-	organizations that provide services and treatment, such as securing 18
1063		-	residential housing, health services, and social services for victims of 19
1064		-	human trafficking; 20
1065		-	(B) Training and education related to human trafficking to 21
1066		-	law enforcement; and 22
1067		-	(C) For the management and operation of the fund. 23
1068		-	(d) As used in this section, “victim of human trafficking” means a 24
1069		-	person who has been subject to sexual exploitation because the person: 25
1070		-	(1) Is a victim of trafficking of persons under § 5 -18-103; 26
1071		-	(2) Is a victim of child sex trafficking under 18 U.S.C. § 1591, 27
1072		-	as it existed on January 1, 2017; or 28
1073		-	(3) Engages in an act of prostitution under § 5 -70-102 or sexual 29
1074		-	solicitation under § 5 -70-103 or § 5-70-107. 30
1075		-	31
1076		-	SECTION 21. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 32
1077		-	amended to add an additional section to read as follows: 33
1078		-	19-5-1288. Arkansas Human Trafficking Council Support Fund — 34
1079		-	Definition. 35
1080		-	(a) There is created on the books of the Treasurer of State, the 36 As Engrossed: S4/1/25 SB442
1081		-
1082		-	28 04-01-2025 12:43:46 CEB072
1083		-
1084		-
1085		-	Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 1
1086		-	fund to be known as the "Arkansas Human Trafficking Council Support Fund". 2
1087		-	(b) The fund shall consist of: 3
1088		-	(1) Fees collected under § 5 -5-501(d) and fines collected under 4
1089		-	§§ 5-18-103(d), 5-18-104(c), 5-18-106(c), 5-18-107(f), 5-27-234(c), 5-70-5
1090		-	102(e), 5-70-103(d), 5-70-104(c), 5-70-105(c), 5-70-106(c), and 5-70-107(e); 6
1091		-	(2) Moneys appropriated by the General Assembly; 7
1092		-	(3) The interest accruing to the fund; 8
1093		-	(4) Donations to the fund; and 9
1094		-	(5) Any other revenues authorized by law. 10
1095		-	(c)(1) The fund shall be administered by the Division of Arkansas 11
1096		-	State Police. 12
1097		-	(2) The division shall use the fund to provide: 13
1098		-	(A) Services and treatment, such as securing residential 14
1099		-	housing, advocacy and coordination, legal services, health services, and 15
1100		-	social services for victims of human trafficking; 16
1101		-	(B) Grants to nonprofit, religious, and other third -party 17
1102		-	organizations that provide services and treatment, securing residential 18
1103		-	housing, advocacy and coordination, legal services, health services, and 19
1104		-	social services for victims of human trafficking; 20
1105		-	(C) Training for the Human Trafficking Operations Unit; 21
1106		-	(D) Equipment and supplies for the unit; 22
1107		-	(E) Software and subscription licensing for the unit; 23
1108		-	(F) Travel reimbursement and reconciliation for the unit; 24
1109		-	(G) Outreach material for the unit; and 25
1110		-	(H) Support for other duties of the unit prescribed by 26
1111		-	law. 27
1112		-	(3) The fund shall not be used to purchase motor vehicles or 28
1113		-	emergency equipment for motor vehicles. 29
1114		-	(d) As used in the section, "victim of human trafficking" means the 30
1115		-	same as defined in § 5 -18-102. 31
1116		-	32
1117		-	SECTION 22. DO NOT CODIFY. Temporary language. 33
1118		-	(a) Any fund balance that remains in the Human Trafficking Victim 34
1119		-	Support Fund, § 19-5-1261, shall be transferred to the Arkansas Human 35
1120		-	Trafficking Council Support Fund. 36 As Engrossed: S4/1/25 SB442
1121		-
1122		-	29 04-01-2025 12:43:46 CEB072
1123		-
1124		-
1125		-	(b) Any fund balance that remains in the Safe Harbor Fund for Sexually 1
1126		-	Exploited Children, § 19 -5-1252, shall be transferred to the Arkansas Human 2
1127		-	Trafficking Council Support Fund. 3
1128		-	4
1129		-	/s/J. Bryant 5
	990	+	27 03/12/2025 8:04:17 AM CEB072
	991	+	(1) Is a victim of trafficking of persons under § 5 -18-103; 1
	992	+	(2) Is a victim of child sex trafficking under 18 U.S.C. § 1591, 2
	993	+	as it existed on January 1, 2025; or 3
	994	+	(3) Engages in an act of prostitution under § 5 -70-102 or sexual 4
	995	+	solicitation under § 5 -70-103 or § 5-70-107. 5
1130	996		6
1131		-	7
1132		-	~~APPROVED: 4/16/25~~ 8
1133		-	9
1134		-	10
	997	+	SECTION 21. DO NOT CODIFY. Temporary language. 7
	998	+	Any fund balance that remains in the Human Trafficking Victim Support 8
	999	+	Fund, § 19-5-1261, shall be transferred to the Arkansas Human Trafficking 9
	1000	+	Council Support Fund. 10
1135	1001		11
1136	1002		12
1137	1003		13
1138	1004		14
1139	1005		15
1140	1006		16
1141	1007		17
1142	1008		18
1143	1009		19
1144	1010		20
1145	1011		21
1146	1012		22
1147	1013		23
1148	1014		24
1149	1015		25
1150	1016		26
1151	1017		27
1152	1018		28
1153	1019		29
1154	1020		30
1155	1021		31
1156	1022		32
1157	1023		33
1158	1024		34
1159	1025		35
1160	1026		36