Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 458 3
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By: Senator G. Leding 5
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For An Act To Be Entitled 8
AN ACT TO REQUIRE A COURT TO CONSIDER THE IMPACT OF 9
FACTORS SUCH AS TRAUMA AND INVOLVEMENT WITH THE CHILD 10
WELFARE SYSTEM ON A PERSON WHO COMMITTED A CRIME AS A 11
MINOR DURING A TRANSFER OR SENTENCING HEARING; AND 12
FOR OTHER PURPOSES. 13
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Subtitle 16
TO REQUIRE A COURT TO CONSIDER THE 17
IMPACT OF FACTORS SUCH AS TRAUMA AND 18
INVOLVEMENT WITH THE CHILD WELFARE 19
SYSTEM ON A PERSON WHO COMMITTED A CRIME 20
AS A MINOR DURING A TRANSFER OR 21
SENTENCING HEARING. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. DO NOT CODIFY. Legislative findings and intent. 26
(a) The General Assembly finds that: 27
(1) Research conducted by Human Rights for Kids shows that, as 28
of the children who are put on trial as adults in Arkansas, approximately 29
sixty-four percent (64%) of those children experienced emotional abuse, 30
fifty-seven percent (57%) experienced physical abuse, and thirty -two percent 31
(32%) experienced sexual abuse before committing their first offense; 32
(2)(A) More than ninety percent (90%) of children who are put on 33
trial as adults in Arkansas come from homes where the parents are either 34
divorced or separated, and with high rates of domestic violence and substance 35
abuse occurring within the household. 36 SB458
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(B) Specifically, there is a forty -eight percent (48%) 1
rate of domestic violence and a sixty -eight percent (68%) rate of substance 2
abuse occurring within the household for children who are put on trial as 3
adults in Arkansas; 4
(3) More than eighty percent (80%) of children who are put on 5
trial in criminal proceedings as adults in Arkansas experienced nearly six 6
(6) adverse childhood experiences before the children became involved with 7
the juvenile justice or criminal justice systems, with the average age of the 8
first instance of abuse occurring at eight (8) years of age; 9
(4) Approximately thirty percent (30%) of children who are put 10
on trial in criminal proceedings as adults in Arkansas were involved with the 11
Division of Children and Family Services or were in foster care before 12
committing a first offense; 13
(5) Childhood trauma can have detrimental effects on the brain 14
networks that establish an individual's ability to think and regulate his or 15
her sense of self, as well as on an individual's motivations and behaviors; 16
(6) Children who experience trauma early in life are more likely 17
to experience other types of trauma later in life; and 18
(7) The experience of multiple types of trauma is associated 19
with increased post-traumatic stress reactions, difficulties in emotional 20
regulation, and the internalization of an individual's problems. 21
(b) The General Assembly intends to require a circuit court judge to 22
consider the impact of trauma on a child's behavior during a transfer or 23
sentencing proceeding. 24
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SECTION 2. Arkansas Code § 9 -27-318(g), concerning what a court is 26
required to consider in a hearing on the transfer of a delinquency matter to 27
a criminal division of circuit court, is amended to read as follows: 28
(g) In the transfer hearing, the court shall consider all of the 29
following factors: 30
(1) The seriousness of the alleged offense and whether the 31
protection of society requires prosecution in the criminal division of 32
circuit court; 33
(2) Whether the alleged offense was committed in an aggressive, 34
violent, premeditated, or willful manner; 35
(3) Whether the offense was against a person or property, with 36 SB458
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greater weight being given to offenses against persons, especially if 1
personal injury resulted; 2
(4) The culpability of the juvenile, including the level of 3
planning and participation in the alleged offense; 4
(5) The previous history of the juvenile, including whether the 5
juvenile had been adjudicated a juvenile offender and, if so, whether the 6
offenses were against persons or property, and any other previous history of 7
antisocial behavior or patterns of physical violence; 8
(6) The sophistication or maturity of the juvenile as determined 9
by consideration of the juvenile's home, environment, emotional attitude, 10
pattern of living, or desire to be treated as an adult; 11
(7) Whether there are facilities or programs available to the 12
judge of the juvenile division of circuit court that are likely to 13
rehabilitate the juvenile before the expiration of the juvenile's twenty -14
first birthday; 15
(8) Whether the juvenile acted alone or was part of a group in 16
the commission of the alleged offense; 17
(9) Written reports and other materials relating to the 18
juvenile's mental, physical, educational, and social history; and 19
(10) The exposure of the juvenile or person who committed the 20
offense as a juvenile to adverse childhood experiences or childhood trauma, 21
involvement in the child welfare or foster care systems, status as a victim 22
of human trafficking, sexual abuse, or rape, and the impact of trauma on the 23
juvenile's behavior; and 24
(10)(11) Any other factors deemed relevant by the judge. 25
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SECTION 3. Arkansas Code Title 16, Chapter 90, Subchapter 1, is 27
amended to add an additional section to read as follows: 28
16-90-124. Sentencing of juvenile or person convicted for offense 29
committed as juvenile — Factors. 30
(a) If a person who is older than eighteen (18) years of age is 31
convicted for an offense that the person committed when he or she was less 32
than eighteen (18) years of age, the court shall, in addition to any other 33
factors that the court is required to consider before imposing a sentence 34
upon the person, consider the following: 35
(1) The exposure of the juvenile or person who committed the 36 SB458
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offense as a juvenile to adverse childhood experiences or childhood trauma, 1
involvement in the child welfare or foster care systems, status as a victim 2
of human trafficking, sexual abuse, or rape, and the impact of trauma on the 3
juvenile's behavior; and 4
(2) The differences between a juvenile offender and an adult 5
offender, including without limitation the diminished culpability of a 6
juvenile as compared to that of an adult and the typical characteristics of 7
youth. 8
(b) After considering the factors under subsection (a) of this section 9
and upon consent from the prosecuting attorney, the court may reduce any 10
mandatory minimum or maximum period of incarceration considering the 11
juvenile's age, trauma history, and prospects for rehabilitation. 12
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