| 1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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| 2 | 2 | | *JMB107* 11/21/2024 3:47:23 PM JMB107 |
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| 3 | 3 | | State of Arkansas 1 |
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| 4 | 4 | | 95th General Assembly A Bill 2 |
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| 5 | 5 | | Regular Session, 2025 SENATE BILL 6 3 |
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| 6 | 6 | | 4 |
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| 7 | 7 | | By: Senator B. King 5 |
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| 8 | 8 | | 6 |
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| 9 | 9 | | 7 |
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| 10 | 10 | | For An Act To Be Entitled 8 |
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| 11 | 11 | | AN ACT TO CREATE THE CRIMINAL OFFENSE OF VACCINE 9 |
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| 12 | 12 | | HARM; AND FOR OTHER PURPOSES. 10 |
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| 13 | 13 | | 11 |
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| 14 | 14 | | 12 |
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| 15 | 15 | | Subtitle 13 |
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| 16 | 16 | | TO CREATE THE CRIMINAL OFFENSE OF 14 |
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| 17 | 17 | | VACCINE HARM. 15 |
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| 18 | 18 | | 16 |
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| 19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
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| 20 | 20 | | 18 |
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| 21 | 21 | | SECTION 1. Arkansas Code Title 5, Chapter 63, Subchapter 2, is amended 19 |
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| 22 | 22 | | to add an additional section to read as follows: 20 |
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| 23 | 23 | | 5-63-206. Vaccine harm. 21 |
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| 24 | 24 | | (a) As used in this section: 22 |
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| 25 | 25 | | (1) “Executive officer” means a president, chair of an executive 23 |
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| 26 | 26 | | committee, chief financial officer, or other individual with managerial 24 |
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| 27 | 27 | | authority who performs similar functions to a president, chair of an 25 |
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| 28 | 28 | | executive committee, or chief financial officer; 26 |
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| 29 | 29 | | (2)(A) "Pharmaceutical company" means a business that is 27 |
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| 30 | 30 | | registered with the United States Food and Drug Administration to 28 |
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| 31 | 31 | | commercially research, develop, market, manufacture, and distribute 29 |
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| 32 | 32 | | prescription drugs. 30 |
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| 33 | 33 | | (B) "Pharmaceutical company" does not include a licensed, 31 |
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| 34 | 34 | | registered, or otherwise permitted healthcare provider or healthcare 32 |
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| 35 | 35 | | facility, such as a pharmacy, hospital, or pharmacist; and 33 |
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| 36 | 36 | | (3) "Vaccination" means the introduction of a vaccine into the 34 |
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| 37 | 37 | | body. 35 |
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| 38 | 38 | | (b) A person commits vaccine harm if: 36 SB6 |
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| 39 | 39 | | |
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| 40 | 40 | | 2 11/21/2024 3:47:23 PM |
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| 41 | 41 | | (1) The person is an executive officer for a pharmaceutical 1 |
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| 42 | 42 | | company and is eighteen (18) years of age or older; 2 |
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| 43 | 43 | | (2) The person introduces a vaccine produced by the 3 |
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| 44 | 44 | | pharmaceutical company into the market; 4 |
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| 45 | 45 | | (3) The person knowingly hides, conceals, omits, or otherwise 5 |
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| 46 | 46 | | withholds evidence, documentation, or information that the vaccine has 6 |
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| 47 | 47 | | dangerous effects; 7 |
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| 48 | 48 | | (4) Another person receives the vaccine in this state through a 8 |
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| 49 | 49 | | vaccination containing the vaccine; and 9 |
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| 50 | 50 | | (5) The vaccination causes the death of or serious physical 10 |
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| 51 | 51 | | injury to the other person. 11 |
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| 52 | 52 | | (c) Vaccine harm is an unclassified felony with a sentence of 12 |
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| 53 | 53 | | imprisonment of not less than one (1) year and not more than life. 13 |
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| 54 | 54 | | 14 |
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| 55 | 55 | | SECTION 2. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 15 |
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| 56 | 56 | | amended to add an additional section to read as follows: 16 |
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| 57 | 57 | | 19-5-1287. Vaccine Harm Offense Fund. 17 |
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| 58 | 58 | | (a) There is created on the books of the Treasurer of State, the 18 |
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| 59 | 59 | | Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 19 |
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| 60 | 60 | | be known as the “Vaccine Harm Offense Fund”. 20 |
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| 61 | 61 | | (b) The fund shall consist of: 21 |
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| 62 | 62 | | (1) Federal funds received through a grant; 22 |
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| 63 | 63 | | (2) Appropriations from the General Assembly; and 23 |
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| 64 | 64 | | (3) Other revenues and funds authorized by law. 24 |
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| 65 | 65 | | (c) The Attorney General shall use the fund to provide funding and 25 |
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| 66 | 66 | | support for the prosecution of the offense of vaccine harm under § 5 -63-206. 26 |
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| 67 | 67 | | 27 |
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| 68 | 68 | | SECTION 3. DO NOT CODIFY. Expiration date. 28 |
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| 69 | 69 | | (a) This act expires on December 31, 2026. 29 |
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| 70 | 70 | | (b) On or after December 31, 2026, the Bureau of Legislative Research 30 |
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| 71 | 71 | | or the Arkansas Code Revision Commission may remove from the Arkansas Code 31 |
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| 72 | 72 | | the sections created in Sections 1 and 2 of this act. 32 |
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| 73 | 73 | | (c) Any funds in the Vaccine Harm Offense Fund on December 31, 2026, 33 |
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| 74 | 74 | | shall be transferred to the General Revenue Fund Account. 34 |
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| 75 | 75 | | 35 |
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| 76 | 76 | | 36 |
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