Arkansas 2025 Regular Session

Arkansas Senate Bill SB458 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	LJH184 03/13/2025 3:50:38 PM LJH184
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 458 3
6	6	4
7	7	By: Senator G. Leding 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO REQUIRE A COURT TO CONSIDER THE IMPACT OF 9
12	12	FACTORS SUCH AS TRAUMA AND INVOLVEMENT WITH THE CHILD 10
13	13	WELFARE SYSTEM ON A PERSON WHO COMMITTED A CRIME AS A 11
14	14	MINOR DURING A TRANSFER OR SENTENCING HEARING; AND 12
15	15	FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO REQUIRE A COURT TO CONSIDER THE 17
20	20	IMPACT OF FACTORS SUCH AS TRAUMA AND 18
21	21	INVOLVEMENT WITH THE CHILD WELFARE 19
22	22	SYSTEM ON A PERSON WHO COMMITTED A CRIME 20
23	23	AS A MINOR DURING A TRANSFER OR 21
24	24	SENTENCING HEARING. 22
25	25	23
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
27	27	25
28	28	SECTION 1. DO NOT CODIFY. Legislative findings and intent. 26
29	29	(a) The General Assembly finds that: 27
30	30	(1) Research conducted by Human Rights for Kids shows that, as 28
31	31	of the children who are put on trial as adults in Arkansas, approximately 29
32	32	sixty-four percent (64%) of those children experienced emotional abuse, 30
33	33	fifty-seven percent (57%) experienced physical abuse, and thirty -two percent 31
34	34	(32%) experienced sexual abuse before committing their first offense; 32
35	35	(2)(A) More than ninety percent (90%) of children who are put on 33
36	36	trial as adults in Arkansas come from homes where the parents are either 34
37	37	divorced or separated, and with high rates of domestic violence and substance 35
38	38	abuse occurring within the household. 36 SB458
39	39
40	40	2 03/13/2025 3:50:38 PM LJH184
41	41	(B) Specifically, there is a forty -eight percent (48%) 1
42	42	rate of domestic violence and a sixty -eight percent (68%) rate of substance 2
43	43	abuse occurring within the household for children who are put on trial as 3
44	44	adults in Arkansas; 4
45	45	(3) More than eighty percent (80%) of children who are put on 5
46	46	trial in criminal proceedings as adults in Arkansas experienced nearly six 6
47	47	(6) adverse childhood experiences before the children became involved with 7
48	48	the juvenile justice or criminal justice systems, with the average age of the 8
49	49	first instance of abuse occurring at eight (8) years of age; 9
50	50	(4) Approximately thirty percent (30%) of children who are put 10
51	51	on trial in criminal proceedings as adults in Arkansas were involved with the 11
52	52	Division of Children and Family Services or were in foster care before 12
53	53	committing a first offense; 13
54	54	(5) Childhood trauma can have detrimental effects on the brain 14
55	55	networks that establish an individual's ability to think and regulate his or 15
56	56	her sense of self, as well as on an individual's motivations and behaviors; 16
57	57	(6) Children who experience trauma early in life are more likely 17
58	58	to experience other types of trauma later in life; and 18
59	59	(7) The experience of multiple types of trauma is associated 19
60	60	with increased post-traumatic stress reactions, difficulties in emotional 20
61	61	regulation, and the internalization of an individual's problems. 21
62	62	(b) The General Assembly intends to require a circuit court judge to 22
63	63	consider the impact of trauma on a child's behavior during a transfer or 23
64	64	sentencing proceeding. 24
65	65	25
66	66	SECTION 2. Arkansas Code § 9 -27-318(g), concerning what a court is 26
67	67	required to consider in a hearing on the transfer of a delinquency matter to 27
68	68	a criminal division of circuit court, is amended to read as follows: 28
69	69	(g) In the transfer hearing, the court shall consider all of the 29
70	70	following factors: 30
71	71	(1) The seriousness of the alleged offense and whether the 31
72	72	protection of society requires prosecution in the criminal division of 32
73	73	circuit court; 33
74	74	(2) Whether the alleged offense was committed in an aggressive, 34
75	75	violent, premeditated, or willful manner; 35
76	76	(3) Whether the offense was against a person or property, with 36 SB458
77	77
78	78	3 03/13/2025 3:50:38 PM LJH184
79	79	greater weight being given to offenses against persons, especially if 1
80	80	personal injury resulted; 2
81	81	(4) The culpability of the juvenile, including the level of 3
82	82	planning and participation in the alleged offense; 4
83	83	(5) The previous history of the juvenile, including whether the 5
84	84	juvenile had been adjudicated a juvenile offender and, if so, whether the 6
85	85	offenses were against persons or property, and any other previous history of 7
86	86	antisocial behavior or patterns of physical violence; 8
87	87	(6) The sophistication or maturity of the juvenile as determined 9
88	88	by consideration of the juvenile's home, environment, emotional attitude, 10
89	89	pattern of living, or desire to be treated as an adult; 11
90	90	(7) Whether there are facilities or programs available to the 12
91	91	judge of the juvenile division of circuit court that are likely to 13
92	92	rehabilitate the juvenile before the expiration of the juvenile's twenty -14
93	93	first birthday; 15
94	94	(8) Whether the juvenile acted alone or was part of a group in 16
95	95	the commission of the alleged offense; 17
96	96	(9) Written reports and other materials relating to the 18
97	97	juvenile's mental, physical, educational, and social history; and 19
98	98	(10) The exposure of the juvenile or person who committed the 20
99	99	offense as a juvenile to adverse childhood experiences or childhood trauma, 21
100	100	involvement in the child welfare or foster care systems, status as a victim 22
101	101	of human trafficking, sexual abuse, or rape, and the impact of trauma on the 23
102	102	juvenile's behavior; and 24
103	103	(10)(11) Any other factors deemed relevant by the judge. 25
104	104	26
105	105	SECTION 3. Arkansas Code Title 16, Chapter 90, Subchapter 1, is 27
106	106	amended to add an additional section to read as follows: 28
107	107	16-90-124. Sentencing of juvenile or person convicted for offense 29
108	108	committed as juvenile — Factors. 30
109	109	(a) If a person who is older than eighteen (18) years of age is 31
110	110	convicted for an offense that the person committed when he or she was less 32
111	111	than eighteen (18) years of age, the court shall, in addition to any other 33
112	112	factors that the court is required to consider before imposing a sentence 34
113	113	upon the person, consider the following: 35
114	114	(1) The exposure of the juvenile or person who committed the 36 SB458
115	115
116	116	4 03/13/2025 3:50:38 PM LJH184
117	117	offense as a juvenile to adverse childhood experiences or childhood trauma, 1
118	118	involvement in the child welfare or foster care systems, status as a victim 2
119	119	of human trafficking, sexual abuse, or rape, and the impact of trauma on the 3
120	120	juvenile's behavior; and 4
121	121	(2) The differences between a juvenile offender and an adult 5
122	122	offender, including without limitation the diminished culpability of a 6
123	123	juvenile as compared to that of an adult and the typical characteristics of 7
124	124	youth. 8
125	125	(b) After considering the factors under subsection (a) of this section 9
126	126	and upon consent from the prosecuting attorney, the court may reduce any 10
127	127	mandatory minimum or maximum period of incarceration considering the 11
128	128	juvenile's age, trauma history, and prospects for rehabilitation. 12
129	129	13
130	130	14
131	131	15
132	132	16
133	133	17
134	134	18
135	135	19
136	136	20
137	137	21
138	138	22
139	139	23
140	140	24
141	141	25
142	142	26
143	143	27
144	144	28
145	145	29
146	146	30
147	147	31
148	148	32
149	149	33
150	150	34
151	151	35
152	152	36