Arkansas 2025 Regular Session

Arkansas Senate Bill SB587 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.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 587 3
6	6	4
7	7	By: Senator G. Leding 5
8	8	By: Representative Gazaway 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE PARENTS' PEACE OF MIND ACT; TO 9
12	12	ESTABLISH AUTHORIZATION FOR AND USE OF A MONITORING 10
13	13	DEVICE IN A LONG-TERM CARE FACILITY; TO PROVIDE FOR 11
14	14	WAIVERS; TO PROVIDE FOR ENFORCEMENT AND PENALTIES; 12
15	15	AND FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO CREATE THE PARENTS' PEACE OF MIND 17
20	20	ACT; TO ESTABLISH AUTHORIZATION FOR AND 18
21	21	USE OF A MONITORING DEVICE IN A LONG -19
22	22	TERM CARE FACILITY; TO PROVIDE FOR 20
23	23	WAIVERS; AND TO PROVIDE FOR ENFORCEMENT 21
24	24	AND PENALTIES. 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. Arkansas Code Title 20, Chapter 10 is amended to add an 26
29	29	additional subchapter to read as follows: 27
30	30	Subchapter 26 — Parents' Peace of Mind Act 28
31	31	29
32	32	20-10-2601. Title. 30
33	33	This subchapter shall be known and may be cited as the "Parents' Peace 31
34	34	of Mind Act". 32
35	35	33
36	36	20-10-2602. Definitions. 34
37	37	As used in this subchapter: 35
38	38	(1) "Authorized electronic monitoring" means the placement of 36 SB587
39	39
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41	41	electronic monitoring devices in the common areas or room of a resident of a 1
42	42	facility and the recordings from such devices under this subchapter; 2
43	43	(2) "Authorized electronic monitoring devices" means: 3
44	44	(A) Video surveillance cameras installed in the common 4
45	45	areas or room of a resident of a facility under this subchapter; or 5
46	46	(B) Audio devices installed in the room of a resident 6
47	47	under this subchapter that are designed to acquire or record communications 7
48	48	or other sounds occurring in the room; 8
49	49	(3) “Facility” means a long -term care facility that is required 9
50	50	to be licensed under § 20 -10-224; 10
51	51	(4) "Representative" means the representative of a resident or 11
52	52	guardian of a resident appointed by a court; and 12
53	53	(5) "Resident” means a person who is a resident of a facility. 13
54	54	14
55	55	20-10-2603. Required notice. 15
56	56	(a) A facility shall provide written notice to each resident or to his 16
57	57	or her representative that authorized electronic monitoring of a resident’s 17
58	58	room conducted under this subchapter is not compulsory and shall only be 18
59	59	conducted with the written consent of the resident or his or her 19
60	60	representative. 20
61	61	(b) A facility shall not refuse to admit an individual to the facility 21
62	62	and shall not remove a resident from a facility because the individual, 22
63	63	resident, or his or her representative does not authorize electronic 23
64	64	monitoring of the resident’s room. 24
65	65	(c) A facility shall post at or near its main entrances a sign that 25
66	66	clearly states that authorized electronic monitoring devices may be in use in 26
67	67	the facility. 27
68	68	28
69	69	20-10-2604. Prohibition on tampering or destruction. 29
70	70	(a) A person or entity shall not purposefully obstruct, tamper with, 30
71	71	or destroy an authorized electronic monitoring device installed in a 31
72	72	facility. 32
73	73	(b) A person or entity that purposefully obstructs, tampers with, or 33
74	74	destroys a recording or an authorized electronic monitoring device installed 34
75	75	in a facility upon conviction is guilty of a Class D felony. 35
76	76	(c) A person or entity shall not intercept a communication or disclose 36 SB587
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79	79	or use an intercepted communication of an authorized electronic monitoring 1
80	80	device placed or installed in a common area of a facility without the express 2
81	81	written consent of the facility, or, for an authorized electronic monitoring 3
82	82	device installed in a room of the resident, the express written consent of 4
83	83	the resident or his or her representative. 5
84	84	6
85	85	20-10-2605. Authorized electronic monitoring device in private room of 7
86	86	resident. 8
87	87	(a) A resident or his or her representative may install an authorized 9
88	88	electronic monitoring device under this subchapter in his or her private room 10
89	89	at the resident's or representative's own expense. 11
90	90	(b) Notice of the authorized electronic monitoring device shall be 12
91	91	posted at the entrance of the resident's room that the room is being 13
92	92	monitored by an authorized electronic monitoring device. 14
93	93	15
94	94	20-10-2606. Authorized electronic monitoring device in a shared room. 16
95	95	(a)(1) A resident of a shared room or his or her representative may 17
96	96	install an authorized electronic monitoring device under this subchapter in 18
97	97	the shared quarters only with the written consent of each roommate or his or 19
98	98	her representative. 20
99	99	(2) The written consent in subdivision (a)(1) of this section 21
100	100	shall be on a form prescribed by the Office of Long -Term Care and shall be 22
101	101	placed on file with the administrator of the facility. 23
102	102	(3) The office may include other information as deemed 24
103	103	appropriate by the office on the form described in subdivision (a)(2) of this 25
104	104	section. 26
105	105	(b) If a resident residing in a shared room or his or her 27
106	106	representative does not consent to the use or installation of an authorized 28
107	107	electronic monitoring device, the facility shall accommodate the resident or 29
108	108	the representative by moving one or more of the residents to different rooms 30
109	109	within a reasonable amount of time following a request for a room change. 31
110	110	(c) Consent may be limited in the following manner: 32
111	111	(1) That a video surveillance camera be pointed away from the 33
112	112	consenting roommate or his or her portion of the shared room; and 34
113	113	(2) That use of audio or video recordings produced by the 35
114	114	authorized electronic monitoring device that depict the voice or likeness of 36 SB587
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117	117	the consenting roommate shall not be shared without further consent of the 1
118	118	consenting roommate or his or her representative. 2
119	119	(d) Consent by a roommate or his or her representative under this 3
120	120	section may be revoked at any time. 4
121	121	(e) If authorized electronic monitoring is being conducted in the room 5
122	122	of a resident, another resident may not be moved into the room unless the 6
123	123	resident or his or her representative has consented to the use of existing 7
124	124	authorized electronic monitoring. 8
125	125	(f) Notice of the authorized electronic monitoring device shall be 9
126	126	posted at the entrance of the resident's room that the shared room is being 10
127	127	monitored by an authorized electronic monitoring device. 11
128	128	12
129	129	SECTION 2. DO NOT CODIFY. Authorized electronic monitoring device — 13
130	130	Compliance. 14
131	131	(a) The Office of Long -Term Care shall prepare and make available the 15
132	132	written consent forms required by this act sufficiently in advance of the 16
133	133	effective date to be accessible on the website of the office. 17
134	134	(b) A resident or his or her representative presently using an 18
135	135	electronic monitoring device before the effective date of this act shall 19
136	136	comply with all consent and disclosure requirements of this act by the 20
137	137	effective date of this act. 21
138	138	22
139	139	SECTION 3. EFFECTIVE DATE. 23
140	140	This act is effective on and after November 1, 2025. 24
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