Arkansas 2025 Regular Session

Arkansas Senate Bill SB620 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 1003 of the Regular Session
3		-	CEB232 04-14-2025 14:29:29 CEB232
4		-
5		-	State of Arkansas As Engrossed: H4/14/25 1
	2	+	CEB232 04/03/2025 11:43:27 AM CEB232
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 620 3
8	6		4
9	7		By: Senator Irvin 5
10		-	~~By: Representative Beaty Jr.~~ 6
	8	+	6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO PROVIDE A SAFETY VALVE FOR A MINOR 9
14	12		DEFENDANT WHO IS ALSO A VICTIM OF HUMAN TRAFFICKING; 10
15	13		TO AMEND THE HUMAN TRAFFICKING ACT OF 2013; TO CREATE 11
16	14		AN APPEAL RIGHT FOR A MINOR DEFENDANT WHO IS ALSO A 12
17	15		VICTIM OF HUMAN TRAFFICKING; AND FOR OTHER PURPOSES. 13
18	16		14
19	17		15
20	18		Subtitle 16
21	19		TO PROVIDE A SAFETY VALVE AND APPEAL 17
22	20		RIGHT FOR A MINOR DEFENDANT WHO IS ALSO 18
23	21		A VICTIM OF HUMAN TRAFFICKING; AND TO 19
24	22		AMEND THE HUMAN TRAFFICKING ACT OF 2013. 20
25	23		21
26	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
27	25		23
28		-	SECTION 1. ~~DO NOT CODIFY.~~ ~~Legislative intent.~~ 24
29		-	~~The General Assembly intends for courts to consider whether a minor has~~ 25
30		-	~~been~~ a victim of ~~human~~ trafficking ~~before transferring a delinquency matter~~ 26
31		-	to ~~the criminal division~~ of ~~circuit court or imposing a sentence upon the~~ 27
32		-	~~person.~~ 28
33		-	29
34		-	~~SECTION 2.~~ ~~Arkansas Code § 5 -2-210 is amended~~ to ~~read as follows:~~ 30
35		-	~~5-2-210. Human trafficking — Affirmative defense.~~ 31
36		-	(a) ~~As used in this section ,:~~ 32
37		-	(1) ~~"Nonviolent criminal~~ offense~~" means~~ a ~~criminal offense that~~ 33
38		-	~~does not constitute a violent crime as defined in § 16 -90-1101; and~~ 34
39		-	(2) ~~“victim Victim of trafficking of persons”~~ ~~means~~ a ~~person who~~ 35
40		-	~~has been subjected to trafficking~~ of ~~persons, § 5 -18-103.~~ 36 ~~As Engrossed: H4/14/25~~ SB620
	26	+	SECTION 1. Arkansas Code § 5 -2-210 is amended to read as follows: 24
	27	+	5-2-210. Human trafficking — Affirmative defense. 25
	28	+	(a) As used in this section, “victim of trafficking of persons” means 26
	29	+	a person who has been subjected to trafficking of persons, § 5 -18-103. 27
	30	+	(b) It is an affirmative defense to prosecution for an offense listed 28
	31	+	under subsection (c) of this section a nonviolent criminal offense if at the 29
	32	+	time a person engaged in the conduct charged to constitute the offense the 30
	33	+	person was: 31
	34	+	(1) A victim of trafficking of persons; and 32
	35	+	(2) Engaged in the offense as a result of the trafficking of 33
	36	+	persons. 34
	37	+	(c) The affirmative defense under this section may be raised only in a 35
	38	+	prosecution for one (1) or more of the following offenses: a nonviolent 36 SB620
41	39
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	40	+	2 04/03/2025 11:43:27 AM CEB232
	41	+	criminal offense. 1
	42	+	(1) Forgery, § 5-37-201; 2
	43	+	(2) Defrauding a prospective adoptive parent, § 5 -37-216; 3
	44	+	(3) A prostitution offense under § 5 -70-101 et seq.; 4
	45	+	(4) Obscene performance at a live public show, § 5 -68-305; or 5
	46	+	(5) A controlled substance offense under § 5 -64-401 et seq. that 6
	47	+	is not a Class Y felony. 7
	48	+	8
	49	+	SECTION 2. Arkansas Code Title 5, Chapter 4, Subchapter 1, is amended 9
	50	+	to add an additional section to read as follows: 10
	51	+	5-4-110. Human trafficking — legislative intent — safety valve. 11
	52	+	(a) The General Assembly intends for this section to ensure that: 12
	53	+	(1) A minor victim of human trafficking who commits a crime as a 13
	54	+	direct result of being trafficked is viewed as a victim and provided 14
	55	+	treatment and services in the juvenile system; and 15
	56	+	(2) In serious cases where a court deems a sentence in the 16
	57	+	criminal division necessary, the court’s sentencing decision be informed by 17
	58	+	the status of the minor as a victim of human trafficking to ensure trauma -18
	59	+	informed and age-appropriate accountability. 19
	60	+	(b) This section applies only in cases where a person is convicted of 20
	61	+	a violent offense and the court finds by clear and convincing evidence that 21
	62	+	the person: 22
	63	+	(1) Was seventeen (17) years of age or younger at the time of 23
	64	+	the offense; 24
	65	+	(2) Was a victim of trafficking of persons, § 5 -18-103; and 25
	66	+	(3) Engaged in the offense as a direct result of the trafficking 26
	67	+	of persons, § 5-18-103. 27
	68	+	(c) At sentencing the court shall consider the person’s status as a 28
	69	+	victim of trafficking of persons and may, in the court's discretion: 29
	70	+	(1) Depart from the mandatory minimum sentence or sentence 30
	71	+	enhancement; 31
	72	+	(2) Suspend any portion of an otherwise applicable sentence and 32
	73	+	order treatment and services be provided as an alternative to the sentence; 33
	74	+	or 34
	75	+	(3)(A) Transfer the minor to the jurisdiction of the juvenile 35
	76	+	division of the circuit court for disposition and enter an extended juvenile 36 SB620
43	77
	78	+	3 04/03/2025 11:43:27 AM CEB232
	79	+	jurisdiction designation order under § 9 -27-503. 1
	80	+	(B) A circuit court that enters an extended juvenile 2
	81	+	jurisdiction designation order shall not impose an adult sentence that 3
	82	+	extends beyond the juvenile’s twenty -fourth birthday. 4
	83	+	5
	84	+	SECTION 3. Arkansas Code § 5 -18-103(a) and (b), concerning the offense 6
	85	+	of trafficking of persons, are amended to read as follows: 7
	86	+	(a) A person commits the offense of trafficking of persons if he or 8
	87	+	she knowingly: 9
	88	+	(1) Recruits, harbors, transports, obtains, entices, solicits, 10
	89	+	isolates, provides, or maintains a person when he or she knows or reasonably 11
	90	+	should know that the person will be subjected to involuntary servitude; 12
	91	+	(2) Benefits financially or benefits by receiving anything of 13
	92	+	value from participation in a venture that he or she knows or reasonably 14
	93	+	should know is engaged in conduct prohibited under subdivision (a)(1) of this 15
	94	+	section; 16
	95	+	(3) Subjects a person to involuntary servitude; 17
	96	+	(4) Recruits, entices, solicits, isolates, harbors, transports, 18
	97	+	provides, maintains, or obtains a minor for commercial sexual activity; 19
	98	+	(5) Sells or offers to sell travel services that he or she knows 20
	99	+	or reasonably should know include an activity prohibited under subdivisions 21
	100	+	(a)(1)-(4) of this section; 22
	101	+	(6) Recruits, entices, solicits, isolates, harbors, transports, 23
	102	+	provides, maintains, or obtains a pregnant woman for the purpose of causing 24
	103	+	the pregnant woman to place her unborn child for adoption by: 25
	104	+	(A) The use of or threatened use of physical force; 26
	105	+	(B) The physical restraint or threat of physical restraint 27
	106	+	of a person; 28
	107	+	(C) Serious physical injury or threat of serious physical 29
	108	+	injury to a person; 30
	109	+	(D) Abuse or threatened abuse of law or legal process; 31
	110	+	(E) Any scheme, plan, or pattern that has a purpose to 32
	111	+	cause the pregnant woman to believe that, if the pregnant woman does not 33
	112	+	place the unborn child for adoption, a person would suffer serious physical 34
	113	+	injury or physical restraint; or 35
	114	+	(F) Means of serious harm or threats of serious harm to a 36 SB620
44	115
45		-	(b) It If a person is eighteen (18) years of age or older, it is an 1
46		-	affirmative defense to prosecution for an offense listed under subsection (c) 2
47		-	of this section if at the time a person engaged in the conduct charged to 3
48		-	constitute the offense the person was: 4
49		-	(1) A victim of trafficking of persons; and 5
50		-	(2) Engaged in the offense as a direct result of the trafficking 6
51		-	of persons. 7
52		-	(c) The affirmative defense under this section may be raised only in a 8
53		-	prosecution for one (1) or more of the following offenses: 9
54		-	(1) Forgery, § 5-37-201; 10
55		-	(2) Defrauding a prospective adoptive parent, § 5-37-216; 11
56		-	(3) A prostitution offense under § 5 -70-101 et seq.; 12
57		-	(4) Obscene performance at a live public show, § 5 -68-305; or 13
58		-	(5) A controlled substance offense under § 5-64-401 et seq. § 5-14
59		-	64-402 et seq. that is not a Class Y felony. 15
60		-	(d) If a person is seventeen (17) years of age or younger, it is an 16
61		-	affirmative defense to prosecution for a nonviolent criminal offense if at 17
62		-	the time a person engaged in the conduct charged to constitute the offense 18
63		-	the person was: 19
64		-	(1) A victim of trafficking of persons; and 20
65		-	(2) Engaged in the offense as a direct result of the trafficking 21
66		-	of persons. 22
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	117	+	person; or 1
	118	+	(7) Benefits financially or benefits by receiving anything of 2
	119	+	value from participating in an act described under subdivision (a)(6) of this 3
	120	+	section; or 4
	121	+	(8) Recruits, entices, solicits, isolates, harbors, transports, 5
	122	+	provides, maintains, or obtains a minor for the purpose of causing the minor 6
	123	+	to join or remain in a criminal organization or engage in a violation of 7
	124	+	criminal law by: 8
	125	+	(A) The use or threatened use of physical force; 9
	126	+	(B) The causing of serious physical harm to another 10
	127	+	person; 11
	128	+	(C) The threat of causing serious physical harm to another 12
	129	+	person; 13
	130	+	(D) Coercion, duress, or menace; or 14
	131	+	(F) Any scheme, plan, or pattern that has a purpose to 15
	132	+	cause a minor to believe that, if the minor does not join or remain in the 16
	133	+	criminal organization or engage in a violation of criminal law, another 17
	134	+	person would suffer serious harm . 18
	135	+	(b) It is not a defense to prosecution under subdivision subdivisions 19
	136	+	(a)(4) and (a)(8) of this section that the actor: 20
	137	+	(1) Did not have knowledge of a victim's age; or 21
	138	+	(2) Mistakenly believed a victim was not a minor. 22
67	139		23
68		-	SECTION 3. Arkansas Code § 5 -18-103(a) and (b), concerning the offense 24
69		-	of trafficking of persons, are amended to read as follows: 25
70		-	(a) A person commits the offense of trafficking of persons if he or 26
71		-	she knowingly: 27
72		-	(1) Recruits, harbors, transports, obtains, entices, solicits, 28
73		-	isolates, provides, or maintains a person when he or she knows or reasonably 29
74		-	should know that the person will be subjected to involuntary servitude; 30
75		-	(2) Benefits financially or benefits by receiving anything of 31
76		-	value from participation in a venture that he or she knows or reasonably 32
77		-	should know is engaged in conduct prohibited under subdivision (a)(1) of this 33
78		-	section; 34
79		-	(3) Subjects a person to involuntary servitude; 35
80		-	(4) Recruits, entices, solicits, isolates, harbors, transports, 36 As Engrossed: H4/14/25 SB620
81		-
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83		-
84		-
85		-	provides, maintains, or obtains a minor for commercial sexual activity; 1
86		-	(5) Sells or offers to sell travel services that he or she knows 2
87		-	or reasonably should know include an activity prohibited under subdivisions 3
88		-	(a)(1)-(4) of this section; 4
89		-	(6) Recruits, entices, solicits, isolates, harbors, transports, 5
90		-	provides, maintains, or obtains a pregnant woman for the purpose of causing 6
91		-	the pregnant woman to place her unborn child for adoption by: 7
92		-	(A) The use of or threatened use of physical force; 8
93		-	(B) The physical restraint or threat of physical restraint 9
94		-	of a person; 10
95		-	(C) Serious physical injury or threat of serious physical 11
96		-	injury to a person; 12
97		-	(D) Abuse or threatened abuse of law or legal process; 13
98		-	(E) Any scheme, plan, or pattern that has a purpose to 14
99		-	cause the pregnant woman to believe that, if the pregnant woman does not 15
100		-	place the unborn child for adoption, a person would suffer serious physical 16
101		-	injury or physical restraint; or 17
102		-	(F) Means of serious harm or threats of serious harm to a 18
103		-	person; or 19
104		-	(7) Benefits financially or benefits by receiving anything of 20
105		-	value from participating in an act described under subdivision (a)(6) of this 21
106		-	section; or 22
107		-	(8) Recruits, entices, solicits, isolates, harbors, transports, 23
108		-	provides, maintains, or obtains a minor for the purpose of causing the minor 24
109		-	to join or remain in a criminal organization or engage in a violation of 25
110		-	criminal law by: 26
111		-	(A) The use or threatened use of physical force; 27
112		-	(B) The causing of serious physical harm to another 28
113		-	person; 29
114		-	(C) The threat of causing serious physical harm to another 30
115		-	person; 31
116		-	(D) Coercion, duress, or menace; or 32
117		-	(E) Any scheme, plan, or pattern that has a purpose to 33
118		-	cause a minor to believe that, if the minor does not join or remain in the 34
119		-	criminal organization or engage in a violation of criminal law, another 35
120		-	person would suffer serious harm . 36 As Engrossed: H4/14/25 SB620
121		-
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123		-
124		-
125		-	(b) It is not a defense to prosecution under subdivision subdivisions 1
126		-	(a)(4) and (a)(8) of this section that the actor: 2
127		-	(1) Did not have knowledge of a victim's age; or 3
128		-	(2) Mistakenly believed a victim was not a minor. 4
129		-	5
130		-	SECTION 4. Arkansas Code § 9 -27-318(g)(9), concerning factors that a 6
131		-	court is required to consider in a hearing on the transfer of a delinquency 7
132		-	matter to a criminal division of circuit court, is amended to read as 8
133		-	follows: 9
134		-	(9) Written reports , and other materials, and other information 10
135		-	relating to the juvenile's mental, physical, educational, and social history , 11
136		-	including without limitation exposure to adverse childhood experiences, 12
137		-	childhood trauma, involvement in the child welfare or foster care systems, 13
138		-	status as a victim of human trafficking, sexual abuse, or rape ; and 14
139		-	15
140		-	SECTION 5. Arkansas Code § 9 -27-503(c)(9), concerning factors that a 16
141		-	court is required to consider in making a determination to designate a 17
142		-	juvenile as an extended juvenile jurisdiction offender, is amended to read as 18
143		-	follows: 19
144		-	(9) Written reports , and other materials, and other information 20
145		-	relating to the juvenile's mental, physical, educational, and social history , 21
146		-	including without limitation exposure to adverse childhood experiences, 22
147		-	childhood trauma, involvement in the child welfare or foster care systems, 23
148		-	status as a victim of human trafficking, sexual abuse, or rape ; and 24
149		-	25
150		-	SECTION 6. Arkansas Code Title 16, Chapter 90, Subchapter 1, is 26
151		-	amended to add an additional section to read as follows: 27
152		-	16-90-123. Sentencing of juvenile or person convicted for offense 28
153		-	commited as juvenile - Factors. 29
154		-	If a person is convicted for an offense that the person committed when 30
155		-	he or she was less than eighteen (18) years of age, the court shall, in 31
156		-	addition to any other factors that the court is required to consider before 32
157		-	imposing a sentence upon the person, consider the following: 33
158		-	(1) The exposure of the juvenile or person who committed the 34
159		-	offense as a juvenile to adverse childhood experiences, childhood trauma, 35
160		-	involvement in the child welfare or foster care systems, status as a victim 36 As Engrossed: H4/14/25 SB620
161		-
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163		-
164		-
165		-	of human trafficking, sexual abuse, or rape, and the impact of trauma on the 1
166		-	juvenile’s behavior; and 2
167		-	(2) The differences between a juvenile offender and an adult 3
168		-	offender, including without limitation the diminished culpability of a 4
169		-	juvenile as compared to that of an adult and the typical characteristics of 5
170		-	youth. 6
171		-	/s/Irvin 7
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174		-	APPROVED: 4/22/25 10
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	140	+	SECTION 4. Arkansas Code § 9 -27-318, concerning the transfer of a case 24
	141	+	in the juvenile division of circuit court to the criminal division of circuit 25
	142	+	court, is amended to add an additional subsection to read as follows: 26
	143	+	(n) If the court finds by clear and convincing evidence that the 27
	144	+	person against whom the juvenile is accused of committing a criminal offense 28
	145	+	trafficked, raped, or sexually assaulted the juvenile prior to or during the 29
	146	+	commission of the offense, the circuit court: 30
	147	+	(1) Shall impose a juvenile disposition; and 31
	148	+	(2) May enter an extended juvenile jurisdiction designation 32
	149	+	order under § 9-27-503 but shall not impose an adult sentence that extends 33
	150	+	beyond the juvenile's twenty -fourth birthday. 34
199	151		35
200	152		36