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 5 3
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By: Senator B. King 5
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For An Act To Be Entitled 8
AN ACT TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION 9
DRUG HARM OR HOMICIDE; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO ADD THE CRIMINAL OFFENSE OF 14
PRESCRIPTION DRUG HARM OR HOMICIDE. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 5, Chapter 63, Subchapter 2, is amended 19
to add an additional section to read as follows: 20
5-63-206. Prescription drug harm or homicide. 21
(a) As used in this section: 22
(1) “Executive officer” means a president, chair of an executive 23
committee, chief financial officer, or other individual with managerial 24
authority who performs similar functions to a president, chair of an 25
executive committee, or chief financial officer; 26
(2)(A) "Pharmaceutical company" means a business that is 27
registered with the United States Food and Drug Administration to 28
commercially research, develop, market, manufacture, and distribute 29
prescription drugs. 30
(B) "Pharmaceutical company" does not include a licensed, 31
registered, or otherwise permitted healthcare provider or healthcare 32
facility, such as a pharmacy, hospital, or pharmacist; and 33
(3) "Uses" means ingests, inhales, injects, or otherwise 34
introduces into the body. 35
(b) A person commits prescription drug harm or homicide if: 36 SB5
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(1) The person is an executive officer for a pharmaceutical 1
company and is eighteen (18) years of age or older; 2
(2) The person introduces into the market a prescription drug 3
produced by the pharmaceutical company; 4
(3) The person knowingly hides, conceals, omits, or otherwise 5
withholds evidence, documentation, or information that the prescription drug 6
has dangerous effects; 7
(4) Another person is prescribed the prescription drug and in 8
this state uses the prescription drug; and 9
(5) The use of the prescription drug causes the death of or 10
serious physical injury to the other person. 11
(c) Prescription drug harm or homicide is an unclassified felony with 12
a sentence of imprisonment of not less than one (1) year and not more than 13
life. 14
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SECTION 2. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 16
amended to add an additional section to read as follows: 17
19-5-1287. Prescription Drug Harm or Homicide Offense Fund. 18
(a) There is created on the books of the Treasurer of State, the 19
Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 20
be known as the “Prescription Drug Harm or Homicide Offense Fund”. 21
(b) The fund shall consist of: 22
(1) Federal funds received through a grant; 23
(2) Appropriations from the General Assembly; and 24
(3) Other revenues and funds authorized by law. 25
(c) The Attorney General shall use the fund to provide funding and 26
support for the prosecution of the offense of prescription drug harm or 27
homicide under § 5-63-206. 28
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SECTION 3. DO NOT CODIFY. Expiration date. 30
(a) This act expires on December 31, 2026. 31
(b) On or after December 31, 2026, the Bureau of Legislative Research 32
or the Arkansas Code Revision Commission may remove from the Arkansas Code 33
the sections created in Sections 1 and 2 of this act. 34
(c) Any funds in the Prescription Drug Harm or Homicide Offense Fund 35
on December 31, 2026, shall be transferred to the General Revenue Fund 36 SB5
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