Act 3 (HB 1023). The General Appropriation Act has historically contained the salaries of the constitutional officers, legislators and judges. As the result of the constitutional amendment creating the Independent Salary Commission, there is no longer an appropriation for judicial salaries. This act does not include the appropriation for the payment for special judges and for the travel expenses for circuit and district judges.
Act 268 (HB 1144). This Act provides for the transition of the personnel management of the Court Reporters and Trial Court Administrators from the Auditor of the State to the Administrative Office of the Courts and amends all of the statutory language necessary to accomplish the change.
Act 596 (SB 68). This is the appropriation for the reimbursement to the counties for the salaries of the juvenile intake officers and probation officers. It also contains funding for the salaries of 13 juvenile drug court officers.
Act 598 (SB 136). This is the appropriation to the Administrative Office of the Courts for salaries of 122 Trial Court Administrators and for the payment of TCA substitutes and travel expenses. It also includes salaries for 122 Court Reporters and funding for the payment of substitutes travel expenses, and indigent transcripts.
Act 733 (SB 222). This amendment of Act 3 of 2015 revokes the salaries of prosecuting attorneys from the General Appropriation, as they will be set by the Independent Citizens Commission.
Act 972 (SB 44). This is the appropriation for the salaries and operating expenses for the Public Defender Commission and for all the state’s trial public defenders.
Act 976 (SB 67). This is the appropriation for the salaries of the state’s deputy prosecuting attorneys.
Act 33 (SB 29). This is the appropriation for the salaries and operating costs of the Office of the Prosecuting Coordinator.
Act 34 (SB 34). This is the appropriation for the salaries and operating costs of the Judicial Discipline and Disability Commission.
Act 51 (HB 1045). This is the appropriation for the salaries and operating costs of the Arkansas Court of Appeals.
Act 221 (SB 70). This is the appropriation for the salaries and operating costs for the Arkansas Supreme Court and the Supreme Court-Bar of Arkansas.
Act 986 (SB 155). This is the appropriation for the salaries and operating expenses for the Administrative Office of the Courts. It includes funding for judicial education, repayment of court interpreters, dispute resolution, domestic relations and juvenile ad litems, CASA, parent counsel, court automation, court security, and payment to jurors.
Act 92 (SB 112). This is the appropriation for the salaries and operating costs of the Arkansas Building Authority. It includes the salaries and operating costs for the maintenance of the Justice Building and the appropriation for bond payment for the Justice Building Construction.
Act 188 (SB 66). This appropriation to the Auditor of the State includes the funding for the education expenses of the County and Circuit Clerks.
Act 287 (HB 1316). This $10,000,000 appropriation provides funding to the Department of Correction to repay county jails for the cost of housing state inmates.
Act 548 (SB 41). This is the appropriation for the salaries and operating expenses of the Arkansas Sentencing Commission.
Act 872 (HB 1155). This is the appropriation for the salaries and operating expenses for the Office of Attorney General.
Act 980 (SB 99). This is the appropriation for the Department of Human Services, Division of Youth Services, including operating, salaries, and contracts.
Act 981 (SB 100). This is the appropriation for the Department of Human Services, Division of Behavioral Health, mental health provisions and substance abuse treatment including operating, salaries, and contracts.
Act 982 (SB 108). This Act is the FY 2015-2016 appropriation for the Department of Human Services, Division of Children and Family Services, including operating, salaries, and contracts.
Act 1070 (HB 1207). This Act includes multiple appropriations, including the transfer for all the programs funded through the Administration of Justice Fund.
Act 102 (HB 1163). This Act prohibits public employers from disciplining or otherwise discriminating against a public employee for exercising a right or privilege under the Freedom of Information Act.
Act 294 (HB 1361). The Act amends the list of educational activities for which state employees are entitled to leave to include various ceremonies, awards, and classroom parties. The Act also clarifies that an employee is entitled to claim educational leave for involvement in activities only at a school in which the employee’s child in enrolled.
Act 389 (HB 1468). The Act amends the “Shared Leave” program to permit public employees the use of shared leave for paternity and maternity leave after the birth or adoption of a child or placement of a foster child.
Act 1007 (SB 896). These amendments to the Uniform Classification and Compensation Act provide authority for the payment of a 1% cost of living raise for state employees effective July 1, 2015. There were no changes in the provisions concerning merit pay bonuses, which are authorized but totally within the discretion of the Governor, based upon the sufficiency of state revenue.
Act 938 (HB 1456). This Act provides for the mandatory suspension with pay of judges upon their indictment or the filing of an information for a felony offense or an offense involving moral turpitude. A procedure is set out to allow the judge to seek relief before the supreme court to lift their suspension.
Act 939 (HB 1458). A technical correction to the judicial discipline statute to repeal provision that has been found by the supreme court to be unconstitutional: “(a removed judge cannot be appointed or elected to serve as a judge in the future).”
Act 1280 (SB 967). These amendments to the state ethics laws change the provisions of Amendment 94, adopted in 2014, and add appellate, circuit and district judges to the list of officials who are prohibited from accepting gifts from lobbyists.
Act 47 (HB 1002). This amendment to Ark. Code Ann. § 7-6-217 gives the authority to the Arkansas Ethics Commission to issue guidelines and opinions on the new ethics-related provisions found in Amendment 94, which was approved by voters in 2014.
Act 851 (SB 204). This Act shall be known as the “Transparency in Private Attorneys Contracts Act.” It regulates the Attorney General’s ability to enter into contracts with private attorneys, including that the Attorney General must first make a written determination before entering into a contingency fee contract that such representation is both cost effective and in the public interest. A bid process is provided as well as restrictions on the aggregate contingency fee amount.
Act 83 (HB 1237). Amends Ark. Code Ann. § 13-4-302, concerning the county record retention law for circuit court, civil and criminal, domestic relations, juvenile, and probate records, to add served and quashed warrants as court records to be maintained three (3) years, after audit by legislative audit.
Act 159 (HB 1013). Amends Ark. Code Ann. § 21-6-412, concerning commissioners appointed to sell property under judicial decree to provide that if the county clerk’s office is appointed as commissioner to sell property, the fee awarded to that office shall be collected and paid into the “county clerk commissioner’s fee fund” to be used exclusively by the county clerk’s office for administrative costs associated with this act and for general operational expenses of the office.
Act 165 (HB 1247). Repeals as obsolete, Ark. Code Ann. § 26-60-108(c)-(f), concerning the completion, storage, and audit of real property transfer tax affidavits of compliance and receipts.
Act 581 (HB 1438). Amends Ark. Code Ann. § 16-20-301 to state that “the impression of the seal by stamp shall be sufficient sealing in a situation in which sealing is required.”
Act 903 (SB 746). Amends Ark. Code Ann. § 16-10-209(2), a part of the district court accounting law, to require that the court clerk shall submit electronically or in writing a monthly distribution report describing the direct monetary settlements under this section no later than the tenth day of each month to the county treasurer. Current law states that the court clerk is to make a direct monetary settlement with the county treasurer. There were some complaints that money is sent to county treasurer’s without a breakdown of the various types of money the settlement consists of. For example - county general fines, county jail fine, county rescue, emergency law vehicle fund, writ of garnishment/execution fees, appeal transcript/certified copy fees, etc. Probably, your case management software does this already.
Act 1127 (SB 835). This Act removes the requirement that a marriage license must be signed by a county clerk to be effective.
Act 583 (HB 1462). Amends Ark. Code Ann. § 5-4-205(e)(l)(iv) to repeal language stating that a district court may order installment payments of restitution to be collected first in lieu of the procedure under § 16-10-209(5)(F). That section requires court costs to be collected first. This removes a conflict in district court accounting law.
Act 585 (HB 1484). Amends Ark. Code Ann. § 16-17-126 to provide that the $10 fee charged in district court is for issuing writs, including writs of garnishment and executions. This act allows district court to charge the fee for writs of scire facias. Fees collected are paid into the general fund of the city or county according to their share of district court expenses.
Act 837 (HB 1434). Adds new Arkansas Code § 5-4-206 titled “Collection of unpaid restitution - Interception of state income tax returns.” This act states that the court shall note on an order of restitution that the restitution may be collected through interception of the defendant’s state income tax return if the defendant fails to comply with the order. The prosecuting attorney files a petition to request interception upon notification from a victim that restitution is not being paid in accordance with the order. The petition is filed under same case number as original offense, and the defendant is served with the petition and given notice of hearing. The court shall order the interception if defendant has knowingly failed to comply and there are no mitigating factors. The court order remains in force until all restitution is collected. Finally, when the prosecutor obtains the court order, that office or other county official or entity may proceed under § 26-36-301 to collect the owed restitution from the defendant’s state income tax return.
Act 893 (SB 383). Amends Ark. Code Ann. § 16-87-217 to clarify that the public defender commission may use the state income tax setoff law to collect unpaid public defender user fees and attorney fees.
Act 953 (HB 1699). This act repeals Ark. Code Ann. § 27-37-705, the $10 seat belt credit applicable to fines for moving traffic violations.
Act 1098 (HB 1817). Amends Ark. Code Ann. § 26-60-102(8) and (9) to make a nonjudicial proceeding under § 18-50-101 et. seq. a transfer to which the real property transfer tax does not apply.
Act 1220 (SB 867). Adds new Ark. Code section 5-4-703 to provide an additional fine of $25.00 for certain offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child. The collected fine is to be remitted on or before the 15th day of the following month to the “Arkansas Children’s Advocacy Center Fund” on a form identifying the amount of fines.
Act 91 (SB 80). This amendment to Ark. Code Ann. § 24-4-202 requires state agencies to pay the employer retirement contributions to APERS through an electronic system provided by APERS.
Act 557 (SB 476). This Act revises the requirements for the request, approval and reporting of state consulting contracts, including the adoption of performance based reporting.
Act 1103 (HB 1945). This Act establishes several provisions to detect public waste and fraud. It requires a criminal background check before hiring of any employee with supervising responsibility over fiscal matters for a state agency.
Act 137 (SB 202). This Act prohibits cities and counties from adopting or enforcing a rule which creates a protected classification or prohibits discrimination on any basis not contained in the law.
Act 1185 (HB 1727). This Act makes Arkansas an “open records” state regarding criminal history information. Any person is authorized to pay a fee and receive a criminal background check on any other person without requesting the consent of the subject of the request (Effective 1-1-16).
Act 186 (SB 197). This Act overrules Hopkins v. City of Brinkley, 2014 Ark. 139, in which the Supreme Court determined that neither the Freedom of Information Act nor federal law offers protection for the personal information of customers of municipally owned utility systems. This Act exempts from disclosure the personal information of customers of municipally owned utility systems and exempts utility infrastructure information from mandatory disclosure.
Act 104 (HB 1180). The Act amends the offense of battery in the second degree to include a person who recklessly causes serious physical injuries to another person while operating or in actual physical control of a motorboat. As used in the Act, the term “motorboat” means the same as defined in Ark. Code Ann. § 5-76-101.
Act 234 (SB 227). The Act amends the offense of criminal impersonation by adding additional language to the offense that prohibits individuals from using a motor vehicle or motorcycle with an emblem, logo, marking, decal, insignia, or design of a law enforcement office. The Act also authorizes a circuit court or district court to order the removal of any emblem, logo, marking, decal, insignia, or design that are the subject of a criminal impersonation charge.
Act 1080 (HB 1530). The Act prohibits selling or offering to sell travel services that facilitate activities prohibited in the offense of trafficking persons.
Act 1092 (HB 1676). This Act creates the new criminal offense of “re-homing of an adopted minor,” which is found at Ark. Code Ann. § 5-27-211. A person commits the offense if he or she is an adoptive parent and without court approval places the minor child in the physical custody of another person or entity to avoid permanent parental responsibility. The offense is an unclassified felony and authorizes imprisonment of not more than five years and a fine of not more than five thousand dollars.
Act 1166 (HB 1114). The Act creates the new felony offense of “criminal impersonation in an election,” which is a Class D felony. A person commits the offense of criminal impersonation in an election if he or she knowingly impersonates another person in an attempt to vote in an election. The Act also amends the offense of perjury to include unlawfully submitting or applying for an absentee ballot.
Act 293 (HB 1349). The Act amends the offenses of voyeurism and video voyeurism to include the use of an unmanned vehicle or aircraft.
Act 304 (SB 156). This Act creates the criminal offense of “unlawful distribution of sexual images or recordings,” which is found at Ark. Code Ann. § 5-26-314. A person commits the offense if he or she is at least 18 years old and with the purpose to harass, frighten, intimidate, threaten, or abuse distributes sexual images or recordings of a family member, household member, or person from a former or current dating relationship to a third party. The offense is a Class A misdemeanor.
Act 538 (HB 1467). Amends Ark. Code Ann. § 5-54-120 to define the term “pending charge” as it pertains to the offense of failure to appear. Pending charge will mean a charge that results from an arrest or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.
Act 577 (HB 1394). Establishes the Abortion-Inducing Drugs Safety Act. The act provides a criminal penalty of a Class A misdemeanor for a person who intentionally, knowingly, or recklessly violates a provision of the subchapter. States that the criminal penalty may not be assessed against the pregnant woman upon whom the drug-induced abortion is performed (Effective 1/1/2016).
Act 1001 (SB 966). Amends Ark. Code Ann. § 5-1-109 to provide that for a nine-point or greater violation of an Arkansas Game and Fish Commission regulation, the statute of limitations is three (3) years.
Act 109 (HB 1770). Adds a new Ark. Code § 5-60-103 concerning the regulation of unmanned aircraft systems. Provides definitions and describes the elements of the offense. Makes unlawful use of unmanned aircraft systems a Class B misdemeanor; or a Class A misdemeanor for a second or subsequent offense. Also adds new Arkansas Code § 16-118-111 establishing a civil action against operators of unmanned aircraft systems for damages to the owner of critical infrastructure that is the subject of the violation.
Act 1083 (HB 1562). Amends Ark. Code Ann. §§ 17-86-102 and 103 to make “sexual activity with consent of a client or at the request of a client” an unclassified misdemeanor, punishable by up to six months in jail or by a fine not to exceed $1,500.00, under the Massage Therapy Act.
Act 608 (SB 57). The Act permits victim impact statements to be presented through video conferencing technology to the Parole Board at a victim impact hearing. The Act also prevents disclosure of a victim impact statement from a victim of a sex offense unless the Parole Board or a court determines that disclosure is appropriate.
Act 951 (HB 1666). The Act amends Ark. Code Ann. § 16-90-1304, which outlines the process for termination of a person’s parole or probation based upon the use of earned-discharge credit. The Act provides that if an objection to the defendant’s petition seeking to use earned-discharge credit is not filed, the sentencing court may discharge the person’s sentence if through a combination of time served and good time earned, the total time equals the number of days originally imposed by the sentencing court.
Act 99 (HB 102). “Andi’s Law.” The Act increases the maximum number of individuals to be present during an inmate’s execution. Specifically, in addition to other statutorily authorized individuals, the Act permits no more than six members of a victim’s family to be present at the execution.
Act 144 (SB 200). The Act authorizes the administrative transfer of an inmate from the Department of Corrections to the Department of Community Correction when the inmate is within eighteen months of his or her projected release date for the purpose of participating in a reentry program.
Act 549 (SB 262). The Act amends the definition of “eligibility” as it relates to a community correction facility. Specifically, the Act excludes from eligibility an individual who has been disciplined for a violent act or sexual misconduct while in the custody of a jail or correctional facility. The Act further provides that if after receipt of an order directing a defendant to a community correction center, the Department of Community Correction determines that the defendant is not eligible for placement in a community correction program, the Department of Community Correction shall not admit the defendant but shall immediately notify the prosecuting attorney in writing. Thereafter, the prosecuting attorney shall notify the court of the defendant’s ineligibility for placement in a community correction center and the court shall resentence the defendant.
Act 738 (SB 781). The Act removes the limit on meritorious good time credits that an inmate in county or city jail may receive. Prior to the Act, an inmate was limited to up to ten days of meritorious good time credits per month.
Act 895 (SB 472). “The Criminal Justice Reform Act of 2015.” The Act: (1) permits the Department of Corrections to contract with counties, the federal government, other states, and private contractors to address the state’s “current prison overcrowding problem;” (2) amends the definition of “felony involving violence” for purposes of the habitual offender statute to include “residential burglary;” (3) creates the Legislative Criminal Justice Oversight Task Force, which will study the performance and outcomes of the Criminal Justice Reform Act; (4) creates the Specialty Court Program Advisory Committee, which will promote collaboration and provide recommendations on issues involving specialty courts and will design and complete the comprehensive evaluation of specialty court programs; (5) creates the Behavioral Health Treatment Access Legislative Task Force, which will be responsible for ensuring that individuals in the criminal justice system who have a demonstrated need for behavioral health treatment have access to treatment; (6) permits the Department of Community Correction to receive money from any source to be used for speciality court programs based upon a formula developed by the Arkansas Judicial Council, reviewed by the Specialty Court Advisory Committee, and approved by the Legislative Council; (7) establishes the “Pay for Success” program within the Department of Community Correction, which pays for intervention services only if certain performance targets are met, including a reduction in the reincarceration rate in Arkansas correctional facilities through intervention measures that focus on improving personal responsibility and decision making; (8) requires the Department of Correction to develop a reentry plan for inmates 120 days prior to his or her anticipated release date; (9) repeals the $300.00 court cost for processing less than four ounces of a Schedule VI controlled substance, which is found at Ark. Code Ann. § 16-10-305; (10) permits a specialty court to access a specialty court program user fee of up to $250.00 and a specialty court public defender user fee not to exceed $250.00; (11) amends the Drug Court Act by requiring that adult drug court programs target high or medium risk offenders; (12) amends the Drug Court Act by permitting a drug court judge to order an offender to pay for GPS monitoring and continuous alcohol monitoring; (13) amends Ark. Code Ann. § 16-98-306 of the Drug Court Act by requiring the collection of additional data; (14) amends the Drug Court Act by dissolving the Drug Court Advisory Committee; (15) establishes the “Accountability Court Fund,” the funds from which will be used for specialty court programs based upon a formula developed by the Judicial Council, reviewed by the Specialty Court Advisory Committee, and approved by the Legislative Council; and (16) establishes the “Specialty Court Program Fund,” which shall be funded from the specialty court program user fees, and the funds from which shall be used to provide treatment services, cover program evaluation costs, and establish drug and mental crisis intervention centers. Although the Act has an emergency clause, it should be noted that Section 48 of the Act also includes specific effective dates for various sections in the Act.
Act 946 (HB 1543). The Act requires the Department of Correction or the Department of Community Correction to reimburse the counties for the actual costs paid for any emergency medical care that is provided to an inmate housed in a county facility awaiting transfer to the Department of Correction or the Department of Community Correction. The reimbursement requires the county to seek prior approval from the Department of Correction or the Department of Community Correction before rendering of health care if not emergency-related and requires that the county notify the Department of Correction or the Department of Community Correction after the health care has been provided if it was administered in an emergency situation.
Act 1096 (HB 1751). The Act expands the drug options available for use in the lethal-injection method of execution and makes information on the entities or individuals that participate in the execution process confidential.
Act 1171 (HB 1374). The Act requires a county sheriff, a deputy county sheriff, or a trained security contractor to transport all inmates sentenced to the Department of Correction or the Department of Community Correction to the appropriate correctional institution.
Act 1263 (SB 459). The Act makes technical corrections to title 5 of the Arkansas Code. Specifically, the Act revises certain definitions and penalties for shoplifting, theft of leased, rented, or entrusted property, theft of scrap metal, theft of public benefits, theft of communication services, offenses involving farm animal and research facilities, unlawful debt adjusting, selling, loaning, or displaying pornography to minors, and hot check offenses.
Act 1264 (SB 462). The Act makes technical corrections to certain criminal offenses that are not contained in the criminal code. Specifically, the Act revises definitions and penalties for hazing, littering, refuse hauling by uncovered vehicles, unlawfully discarding motor vehicles and household appliances on public highways or public property, unlawfully transporting hazardous waste, and the offense of smoking in a vehicle with a child under the age of fourteen.
Act 145 (SB 199). The Act permits the Department of Community Correction to issue an arrest warrant for the arrest of any individual who, while in the custody of the Department of Community Correction, unlawfully escapes.
Act 543 (HB 1573). The Act requires a DNA sample to be taken upon a person’s arrest for any felony offense.
Act 688 (SB 261). The Act requires that when a law enforcement officer seizes a deadly weapon from a minor or a mentally ill individual the weapon is to be held for 72 hours by a law enforcement agency before returning it to the lawful owner or owner’s parent, upon request and presentation of a valid proof-of-ownership.
Act 828 (HB 1203). The Act amends the defense of “use of deadly force in defense of a person.” The Act provides that the person asserting the defense is not required to retreat before using deadly physical force unless he or she could have retreated or surrendered possession of challenged property “with complete safety.”
Act 957 (HB 1855). The “Courthouse Dogs Child Witness Support Act” provides for a child witness in a criminal proceeding to be assisted by a certified facility dog. The request must come by a motion certifying to the court the following information: (1) The credentials of the certified facility dog; (2) That the certified facility dog is adequately insured; (3) That a relationship has been established between the child witness and the certified facility dog in anticipation of testimony; and (4) That the presence of the certified facility dog may reduce anxiety experienced by the child witness while testifying in the criminal proceeding. It must also be shown that a certified facility dog is available within the jurisdiction of the judicial district in which the criminal case is being adjudicated. The certified facility dog shall be accompanied by the certified handler of the certified facility dog to the witness stand with the child witness in the absence of the jury, and the jury shall be seated afterwards. A party may voir dire prospective jury members on whether the presence of a certified facility dog to assist a child witness would create undo sympathy for the child witness or in any way prejudice the defendant. If a certified facility dog is utilized, the court shall present appropriate jury instructions that are designed to prevent prejudice for or against any party.
Act 1040 (HB 1805). The Act requires the prosecuting attorney to disclose to the defendant or the defendant’s attorney any evidence that is kept, obtained, or retained by the State Crime Lab that would tend to negate the guilt of the defendant as to the offense charged or would tend to reduce the defendant’s punishment.
Act 1168 (HB 1208). The Act requires law enforcement agencies to report the number of untested sexual assault collection kits in their possession to the State Crime Laboratory by December 31 of each year. The Act also requires the State Crime Laboratory to report the information to the legislature and to develop a plan for addressing any backlog of untested sexual assault collection kits.
Act 397 (SB 311). The Act authorizes prosecuting attorneys and their deputies to use post office boxes rather than home addresses as identifying information on their drivers’ licenses.
Act 550 (SB 177). This Amendment of Article 19, Section 31 of the Arkansas Constitution adds prosecuting attorneys to the list of positions for which the salaries are established by the Independent Citizens Commission.
Act 357 (SB 55). The Act amends the definition of a “sex offense” pursuant to the Sex Offender Registration Act to add the offenses of human trafficking and patronizing victims of human trafficking.
Act 358 (SB 56). The Act amends the procedures for registering as a sex offender. Specifically, the Act requires sex offenders to report required information to local law enforcement agencies rather than the Arkansas Crime Information Center; requires reporting of volunteer work by offenders; and requires homeless offenders to verify registration every 30 days. Additionally, the Act requires a one year waiting period before filing a new petition to terminate an obligation to register as a sex offender if a previous petition was denied.
Act 376 (HB 1164). The Act prohibits Level 4 Sex Offenders from residing within 2,000 feet of a church or place of worship unless they had established residence prior to the effective date of the Act. “Church or place of worship” is defined as “a physical location that has a primary purpose of facilitating the meeting of persons in order to practice a religion.”
Act 973 (SB 46). The Act authorizes a circuit court to extend supervision of a sex offender, who is scheduled to be released from incarceration, probation, or inpatient treatment, when it is established by a preponderance of the evidence that the individual poses a serious risk to the public and that there is a likelihood that the person would commit additional criminal offenses. The court may extend the supervision and monitoring initially for a period of up to fifteen years. Thereafter, the order may be renewed following another hearing and subsequent findings.
Act 105 (HB 1190). The Act grants eligibility for a concealed carry permit to individuals between the ages of 18 and 20 if they are an officer of the National Guard or a reserve component of the United States Armed Forces, or an active or former member of the United States Armed Forces.
Act 1259 (SB 159). The amendment to Ark. Code Ann. § 5-73-306(5) allows a concealed carry permit holder to possess a firearm in a courthouse if he or she (1) is an employee who works in the courthouse or is a county elected official, and (2) the possession has been authorized by the county quorum court and is in the local security and emergency preparedness plans.
Civil Law and Procedure
Act 139 (SB 53). This Act regulates drugs used to induce an abortion and provides a cause of action against a person who performs an abortion in violation of the Act.
Act 915 (SB 882). This Act regulates “consumer lawsuit lending” which is defined as providing money to a consumer to use for any purpose other than prosecuting the consumer’s dispute, and the repayment of which is conditioned upon and derived from the consumer’s proceeds from the outcome of the case. A contract or agreement governing a consumer lawsuit lending transaction shall be in writing and shall prominently disclose the interest rate applicable to the transaction. A violation of this law is a deceptive and unconscionable trade practice. Any amount paid or payable to a consumer lawsuit lender that exceeds the amount provided by the consumer lawsuit lender to the consumer in connection with a consumer’s dispute shall be included as interest for purposes of calculating the allowable interest rate.
Act 932 (HB 1268). This Act amends procedures for writs of garnishment, primarily related to notice issues.
Act 934 (HB 1424). This Act adopts the “parental involvement enhancement act” that provides for consent by the parent or legal guardian in order for an unemancipated minor to obtain an abortion. A process is set out for a judicial waiver of the requirements to be heard in circuit court upon the filing of a petition.
Act 975 (SB 975). The Religious Freedom Restoration Act. It provides that a person whose religious exercise has been burdened in violation of the Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief.
Act 1086 (HB 1578). This Act replaces the Woman’s Right to Know Act of 2001 and regulates “informed consent” for a woman contemplating an abortion and provides for civil liability to medical personnel violating the Act’s provisions.
Act 1111 (SB 509). This Act provides for civil liability to a person who disseminates wrongful election communications to influence a vote in the General Assembly.
Act 830 (HB 1252). This Act reorganizes the general venue statutes. It places the venue provision contained in the Civil Justice Reform Act that was codified at § 16-55-213 with the other venue statutes, and is now codified at § 16-60-101. An action for medical injury shall be brought in the county in which the act occurred.
The sections that are deleted and not redesignated default to section 101. Corporations and partnerships are covered by the “principal place of business” provisions. Other abandoned provisions seem antiquated.
101 real property
102 action arose
112 person/injury death
113 personal property
118 assign judge/Pulaski
Act 878 (HB 1777). This Act permits process servers to access utility company information to obtain information to facilitate service. A public utility shall release the last known address of a current or former client.
Act 23 (HB 1014). This Act exempts state institutions, political subdivisions, or other entities [school districts] that are entitled to immunity from tort liability under § 21-9-301 from the requirement to have general liability coverage in order to obtain a child care facility license.
Act 374 (SB 4). This Act creates the “right to try act,” which facilitates access to experimental drugs and products for terminally ill patients. Except in the case of gross negligence or willful misconduct, a manufacturer or other entity otherwise involved in the care of an eligible patient using an investigational drug, biological product, or device is immune from civil liability for any loss, damage, or injury arising out of the experimental drug so long as the entity is substantially complying in good faith. This Act does not require a medical professional or a hospital to provide experimental drugs.
Act 405 (HB 1315). This Act creates the Kelsey Smith Act that requires communication carriers to cooperate with criminal investigations. Upon request of a law enforcement agency, a service provider shall provide location information of a wireless telecommunications device to the law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm. A service provider in not liable for civil damages or criminal liability in connection with the provision of location information or for any failure to timely process or release any request for location information as may be necessary under this Act.
Act 411 (HB 1386). This Act creates the substance abuse reporting Act, and a required reporter or its agents or employees shall not be liable to any person and is immune from civil liability for filing a report required by this Act.
Act 534 (HB 1392). This Act provides for a “Good Samaritan” law for architects or professional engineers who voluntarily, without compensation, provide services related to a declared national, state, or local emergency at the request of or with the approval of a national, state, or local official. The architect or professional engineer shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to their acts, errors, or omissions.
Act 572 (SB 755). This Act attempts to protect motor carriers from being required to indemnify others in certain situations. It provides that a provision in a motor carrier transportation contract to be performed all or in part in Arkansas that purports to indemnify, defend, or hold harmless another from or against any liability for loss or damage resulting from the negligent, reckless, intentional, malicious, willful, or wanton acts or omissions is against the public policy of the State of Arkansas and is void and unenforceable.
Act 720 (HB 1488). When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant’s being prohibited by law from receiving or manufacturing the firearm. If the certification is withheld, written notification to that effect shall be provided to the applicant. An appeal process to circuit court is established. The chief law enforcement officer of a jurisdiction and his or her employees who act in good faith are immune from civil liability arising from any act or omission in making a certification under this section.
Act 1013 (SB 1053). This is the Lay Caregiver Act, and it provides immunity to a hospital for the acts or omissions of the caregiver.
Act 1073 (HB 1240). This Act provides for civil immunity to a person using deadly force against an aggressor in defense of another person.
Act 1108 (SB 394). This Act provides immunity to a Good Samaritan who provides auto-injectable epinephrine to another person.
Act 1114 (SB 543). This Act creates the Joshua Ashley Pauley Act which provides immunity under certain situations for oneself or another when seeking medical assistance related to the use of a controlled substance.
Act 1241 (HB 1529). This Act is the “Successor Corporation Asbestos-related Liability Fairness Act.”
Act 563 (SB 356). This Act provides for the escheatment to the State of a U.S. Savings Bond.
Act 586 (HB 1584). This Act revises requirements for payable on death deposit accounts to allow for payment to a non-natural entity. This Act allows an account holder of a deposit account to designate a corporate trust or entity as a beneficiary.
Act 1082 (HB 1553). This Act creates the grain, soybean, and peanut owner’s lien, and the lien extends to the proceeds of sale until the farmer is paid in full.
Act 107 (HB 1245). This Act adopts the Uniform Partition of Heirs Property Act and applies to partition actions filed on or after January 1, 2016. In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property, and if so, the property must be partitioned under this procedure unless all of the cotenants otherwise agree.
Act 683 (SB 1001). This Act permits confirmation of a tax sale. A judicial action to confirm a tax sale eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305.
Act 918 (SB 1001). This Act permits the release of a mortgage or lien based on an affidavit by an attorney or title agent that the lien has been satisfied.
Act 1006 (SB 855). This Act regulates the abandonment of an unpaved road easement.
Act 1002 (SB 757). The Private Property Protection Act provides for a cause of action in circuit court for a plaintiff claiming that a taking of his property has occurred by the implementation of a regulatory program by a government unit that has permanently reduced by at least 20% the fair market value of the real property. To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired the title or after the effective date of this Act, whichever is later. A jury shall determine the amount of the difference in fair market value.
Act 1057 (HB 1308). This Act extends the real property stay to personal property for the collection of delinquent taxes while the assessment is under appeal.
Act 1099 (HB 1820). This Act amends the law for the declaration of a common nuisance related to property on which a controlled substance is sold, stored, etc.
Act 1101 (HB 1908). This Act is the “Bill of Rights for Property Owners” and is related to eminent domain proceedings.
Act 1113 (SB 529). This Act clarifies the duration of a judgement lien and provides that it can only be revived through the statutory process. A judgement lien is not extended by the tolling of the underlying judgement.
Act 1139 (SB 1016). This Act regulates personal property remaining on the premises following a foreclosure sale or other such sale, when personal property is deemed abandoned, and the rights of various interested parties.
Act 162 (HB 1116). The Act lowers the threshold for age-based employment hour restrictions from applying to individuals under 18 years of age, to applying to individuals under 17 years of age.
Act 921 (SB 998). The Act provides for the enforcement of a covenant not to compete agreement.
Act 1063 (HB 1669). This Act protects the First Amendment right of citizens to observe and record public events. It apparently recognizes the court’s authority over judicial proceedings.
Domestic Relations and Probate Law
Act 565 (SB 464). This Act amends Ark. Code Ann. § 9-14-105 to add Transitional Employee Assistance (TEA) to a list of types of aid a parent or custodian may be receiving that authorizes the Office of Child Support Enforcement to file a petition for support. Revises considerations of a payor’s ability to provide health insurance for the child from “shall” to “may” constitute a material change in circumstances sufficient to petition for modification.
Act 888 (SB 152). This Act incorporates foreign entities and the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance of 2007 (“The Hague Convention”) into the Uniform Interstate Family Support Act.
Act 1213 (SB 792). This “Uniform Deployed Parents Custody and Visitation Act” creates a new chapter, Ark. Code Ann. §§ 9-21-101, et seq., and establishes procedures regarding custody, visitation, decision-making authority, and communication among the parties when one or both parents are deployed for military service. The court’s jurisdiction is based upon the court’s having jurisdiction under UCCJEA.
Act 701 (HB 1587). This Act amends Ark. Code Ann. § 9-15-103(4) to include “in-laws” in the definition of “family or household members” to the Domestic Abuse Act.
Act 873 (HB 1599). This Act known as “Laura’s Card” requires first responders upon initial contact with a victim or a victim’s family to provide them with information on victim’s rights, assistance to victims, compensation for victims, protection for victims, and access by victims and defendants to public records related to the case.
Act 876 (HB 1706). This Act creates a new code section at Ark. Code Ann. § 12-12-108. Domestic violence investigation — victimless prosecution. It provides for prosecution of domestic violence, independent of the victim’s testimony.
Act 877 (HB 1599). This Act known as “Laura’s Law” creates a new code section at Ark. Code Ann. § 12-12-108. Domestic violence investigation. The Act requires the first law enforcement officer who responds to a report of domestic violence to assess the potential danger by asking the victim questions provided in a lethality assessment. Note: Act 876 and 877 both create different new code sections at Ark. Code Ann. §12-12-108. This should be corrected by the Arkansas Code Commission.
Act 1018 (HB 1648). This Act prohibits the transfer of custody of an adopted child except on order of a court of competent jurisdiction and sets felony offenses for violations. It ensures that post-adoptive services are provided to prevent “rehoming.”
Act 1092 (HB 1676). This Act creates the offense of re-homing an adopted minor, a transaction by a parent or an entity having custody of a minor that is taken without court approval. The Act also revises the definition of abandonment with regards to adoptions to articulate that it does not include a situation in which an adoption is disrupted and an adoptive parent has exhausted available resources.
Act 1129 (SB 850). This Act allows guardians of estates that are national banks or trust companies to invest estate funds in shares, securities and investment trusts and exchange-traded funds or in common trust funds, without prior order of the court.
Act 526 (HB 1449). This Act removes the requirement for a legal description of the real property to be listed in the notice of an affidavit for collection of a small estate. (The legal description is listed in the affidavit itself).
Act 844 (HB 1672). This Act changes from 21 to 18 years of age the minimum age for a person to act as an executor of a will or an administrator of an estate.
Act 1256 (HB 1904). This Act permits a child conceived through assisted reproduction within 12 months after the death of a parent and born within 19 months after the death of a parent to inherit real or personal property of the parent who died intestate.
Act 396 (SB 260). This Act specifies, for trusts which are subject to creditors, and which have multiple settlers, that the amount a creditor may reach shall not exceed a settlor’s interest in the trust.
Act 895 (SB 472). This Act is known as the Criminal Justice Reform Act of 2015, includes provisions that apply to delinquent juveniles including: Sections 12 and 21 that provide for Medicaid suspension when a juvenile is placed in a juvenile detention facility or committed to DYS. It also requires for protocols for reimbursement to agencies and providers for mental health and substance abuse treatment. The Act also provides funding for juvenile drug court programs and clarified the statutory authority for these programs.
Act 1010 (SB 982). This Act was sponsored by the AACF, community-based providers and DYS. It requires DYS to develop effective community-based services as an alternative to confinement, incarceration and commitment of youth. It provides for services to include electronic monitoring, therapy and counseling, parenting classes, respite care and emergency shelter. The Act requires DYS to collect data on the effectiveness of these services and adds a Youth Justice Reform Board to oversee delivery of services consistent with this Act.
Act 1016 (HB 1322). This Act amends Ark. Code Ann. § 9-27-320 to restrict fingerprints and photographs of juveniles only when arrested for a Class Y, A, or B felony and when a juvenile is adjudicated delinquent for a crime for which he/she could have been charged as an adult.
Act 1084 (HB 1570). This Act is DHS regulation that clarified at Ark. Code Ann. § 12-12-1105(b)(8) that juvenile DNA testing is limited to what is authorized in the juvenile code, at Ark. Code Ann. § 9-27-357.
Act 1021 (SB 773). This Act is Judicial Council legislation. It amends Ark. Code Ann. § 9-27-322(a) to provide intake officers alternatives to detention including release on conditions, electronic monitoring, and placement in a shelter if the intake officer is unable to locate a parent, guardian or custodian.
Act 1023 (SB 848). This Act is Administrative Office of the Courts (AOC) legislation on behalf of the Risk Assessment Implementation Committee that creates a new code section at Ark. Code Ann. § 9-27-368 concerning validated risk and needs assessments to be used in juvenile delinquency hearings and to aid juvenile treatment plans.
Act 1179 (HB 1583). This Act amends various laws regarding school resource officers’ ability to issue citations and make arrests, including outside their jurisdiction if accompanying students on school sanctioned events. Note: The Act provides for the citation to include the address and phone number of the district court having jurisdiction. However, this Act did not provide District Courts jurisdiction over juveniles and these courts do not have jurisdiction of juveniles, except for traffic offenses and game and fish violations.
Act 1055 (HB 1571). This Act is DHS legislation that adds if a juvenile has been committed as an EJJ offender to DYS, that he/she shall not remain in the physical custody of DYS beyond his/her 21st birthday, even if the court fails to have a hearing before the release.
Act 546 (HB 1603). This Act is Department of Human Services (DHS) legislation that allows DCFS to obtain certified affidavit of paternity to be used to identify parents in a dependency-neglect proceeding.
Act 547 (HB 1635). This Act is DHS legislation that amends various code sections to change the age from “18” to “18 and one-half” or “18 and 6 months” for criminal background checks.
Act 825 (HB 1625). This Act is Attorney Ad Litem (AAL) legislation that amends various provisions of the juvenile code concerning dependency-neglect proceedings. Section 1 clarifies service pursuant to Rule 5 of the Arkansas Rules of Civil Procedure for juveniles in dependency-neglect proceedings. Section 2 adds that the court may determine the most appropriate goal of the case. Section 3 clarifies the court’s ability to hold any party in contempt for violation of court orders. Section 4 changes the term “illegitimate” to “for whom paternity has not been established.” Section 5 adds that a custodian may consent to an amputation, if the procedure is necessary to save the juvenile’s life. Section 6 adds guardian or custodian to the section on aggravated circumstances.
Act 875 (HB 1674). This Act is AAL legislation that provides additional safeguards for juveniles prior to leaving foster care. It also clarifies what is required when a juvenile who leaves foster care and returns to foster care prior to the age of 21.
Act 1017 (HB 1624). This Act is AAL legislation and amends various provisions of the juvenile code creating safeguards for juveniles, ensuring due process, providing parties and courts more information and creating sibling rights. Section 1 allows an AAL to file a dependency-neglect ex parte emergency petition. Section 2 concerns the duties of an AAL, if appointed by a judge when he/she takes a 72 hour hold. Section 3 provides information about siblings to the petition. Section 4 clarifies that a juvenile in a dependency-neglect case has party status. Section 5 requires the affidavit to include known information regarding the fitness of the noncustodial parent to be considered for custody, placement or visitation with the juvenile and list of all contacts DHS has had with the family prior to filing the petition, including without limitation Hotline calls accepted for maltreatment investigations and open cases. Sections 6, 7 and 9 clarify records AALs, CASA and parent counsel are entitled. Section 8 requires parent counsel to be appointed when a minor parent is named as a defendant in a dependency-neglect case. Section 10 requires the court to address issues related to the noncustodial parent and reasonable efforts. It also deletes the continuance that allowed up to 90 days for the dependency-neglect adjudication and the 60 day continuance is now from the date of removal, not the probable cause hearing. Sections 11 & 12 address court reports being allowed to be uploaded into DNet and new information required. Section 13 clarifies safeguards for foster children in dependency-neglect cases. Section 14 adds a new provision on sibling rights for children in foster care. Section 15 changes “through” to “the end of” to clarify custody of a 72-hour hold. Section 16 provides for safeguards for children and provides the ability for the court to appoint an AAL when a circuit juvenile division judge takes a 72-hour hold in a juvenile proceeding.
Act 1018 (HB 1648). This Act requires DHS to adopt rules to ensure that post-adoptive services are provided to an adoptive parent who seeks assistance from DHS to prevent a disrupted adoption. It also requires an adoptive parent who receives an adoption subsidy to notify DHS when the adoptive child is no longer under his/her care. It creates a Class A misdemeanor if an adoptive parent provides a knowing false statement, certifying that an adoptive child remains under his/her care for purposes of an adoption subsidy. The Act also adds various requirements for the court prior to granting a guardianship of an adopted juvenile.
Act 1021 (SB 775). This Act is Judicial Council legislation. It amends various provisions of the juvenile code to clarify the role of putative parents in dependency-neglect proceedings. Section 1 clarifies notice and how a putative parent becomes a party in dependency-neglect proceedings. Section 2 clarifies appointment of counsel and provides that if a putative parent has not established rights, after notice by the department, the putative parent shall not be named in the termination petition. Section 3 requires the court to provide the putative parent the opportunity to be heard regarding his/her efforts to establish significant contacts and may order a DNA test at any time. It also provides that a DNA test is sufficient evidence for the putative parent to establish paternity. Section 4 deletes the notice provisions in the termination statute.
Act 1024 (SB 987). This Act is DHS legislation that amends various sections of the juvenile code. Section 1 and Section 2 delete most of current language relating to taking a juvenile into custody who is in immediate danger and replaces language consistent with and referencing the Child Maltreatment Act. Section 3 provides notice of emergency orders to include parents (custodial and non-custodial), guardian or custodian of the juvenile and the AAL who represents the juvenile. Defendants shall be served according to Rules 4 or 5 of the Arkansas Rules of Civil Procedure. Section 4 adds identical language that was in the AAL legislation in Act 1017 Section 10 concerning custodial parents: “That a juvenile has been adjudicated dependent-neglected and has continued out of the home of the non-custodial parent for 12 months and despite a meaningful effort by DHS to rehabilitate the parent and correct conditions that prevented the child from safely being placed in the parent’s home the conditions have not been remedied by the parent,” at Ark. Code Ann. § 9-27-341(b)(3)(i)(b). Sections 6 & 7 change the definition of aggravated circumstances to make them consistent.
Act 1092 (HB 1676). This Act creates the criminal offense of rehoming of an adopted minor at Ark. Code Ann. § 5-27-211. It provides that it is an unclassified felony if an adoptive parent (without court order or if an exception applies) places a child in the physical custody of another to avoid parental responsibility. It also amends the definition of “Abandonment” in the juvenile code and Child Maltreatment Act to exclude when a “child has disrupted his or her adoption and the adoptive parent has exhausted the available resources.” The Act also adds that the Child Abuse Hotline shall accept reports when a child has disrupted an adoptive placement.
Act 1094 (HB 1694). This Act is DHS legislation concerning educational issues for foster youth. Section 1 provides for school enrollment by foster parents and enrollment even if the foster home or placement is located outside the boundaries of the school district. Section 2 clarifies the definition of a child living in a foster home as a school age child who is in DHS custody. Section 3 requires school districts to ensure educational continuity. Section 4 includes foster youth in the Public School Funding Act. Section 5 & 6 expand the definition of “awaiting foster care placement” to be used in the definition of “homeless children” for the purpose of the McKinney Vento Act. Section 7 changes “current school” to “school of origin” and provides for the school district to work with DHS on transportation.
Act 1033 (HB 1671). This Act is AAL legislation that amends various statutory provisions of the juvenile code concerning foster youth transitional plans. It lowers the age when plans shall be developed from age 17 to age 14 or within 90 days of his/her 14th birthday, whichever is first. It also provides provisions for referrals and assistance from the Office of the Public Guardian for juveniles in need of services after reaching majority age. It also deletes language concerning termination of jurisdiction. See Act 875 for requirements for foster youth leaving care.
Act 1034 (HB 1673). This Act is AAL legislation to delete from the definition of dependent, a child of a parent who is in the custody of DHS.
Act 1038 (HB 1754). This Act of DCFS legislation that implements the federal law Improving Opportunities for Children in Foster Care and Supporting Permanency. Section 1 provides for a subsidized guardian successor. Section 2 makes various amendments to the Permanency Planning Hearing (PPH) statute including limiting APPLA to juveniles 16 years of age and older and requiring judges to ask juveniles 16 and older their desired permanency plan or the AAL to enter evidence concerning the juvenile’s wishes. Section 3 amends the transition youth plan statutes to add documents a juvenile shall receive prior to leaving care. Section 4 requires DHS to provide notice to all parents of siblings in juvenile care. Section 5 defines sibling. Section 6 & 7 deal with youth engagement in case plans.
Act 1067 (HB 1877). This Act creates the Arkansas Suicide Prevention Council to serve as the central body on suicide prevention efforts across the state.
Act 1097 (HB 1755). This Act is DHS legislation that amended various provisions in the Child Maltreatment Act. Section 1 clarifies notice by a process server as permitted under Rule 4 of the Arkansas Rules of Civil Procedure to alleged offenders when a child maltreatment report is found to be true. Section 2 allows private schools to obtain information on true investigative reports as provided for public schools. Sections 3 & 4 add that the parent, guardian, or custodian of a juvenile who is identified as an offender can obtain a copy of a true or unsubstantiated report of child maltreatment. Section 5 creates a new section at Ark. Code Ann. § 12-18-911 Records — Subpoenas deuces tecum, patterned after the Hospital Records Act.
Act 1123 (SB 754). This Act requires investigative interviews with a health care provider when he/she reported the child maltreatment allegation.
Act 1138 (SB 1012). This Act implements the findings of Attorney General’s Task Force on Human Trafficking. A copy of the report can be found at www.static.ark.org/eeuploads/ag/HumanTraffickingTaskForceReport.pdf. Sections 1 & 2 add provisions to the definition of “child placement agency” to provide for the placement of human trafficking victims in the Child Welfare Act. Section 3 creates a new code section Ark. Code Ann. § 12-19-104. Law enforcement agency nonimmigrant visa certification. It requires law enforcement to adopt a policy for the completion of T and U nonimmigrant visa applications for human trafficking victims and to complete the certification no later than 30 days upon request. Section 4 adds a new code section at Ark. Code Ann. § 16-92-119. Training regarding fines dedicated for Safe Harbor Fund for Sexually Exploited Children. It requires the Administrative Office of the Courts to educate judges; the Prosecutor Coordinator’s Office to educate prosecutors; the Clerks Association to educate their constituents about fines dedicated for this fund. Sections 5 through 7 amend provisions of Arkansas Child Abuse Rape and Domestic Violence Commission to expand their role with issues involving human trafficking.
Act 1211 (SB 786). This Act is CACD legislation that adds a new code section to the Child Maltreatment Act at Ark. Code Ann. § 12-18-621. No Merit Investigations. It allows the State Police investigator to close an investigation as unsubstantiated: (1) if the child victim has been interviewed separate and apart from the offender or offender’s representative, or observed separately and apart from the offender or offender’s representative when the child cannot be interviewed due to age or ability, and the child credibly denies the maltreatment allegation; (2) The child victim does not have any of the physical injuries or conditions alleged in the report; (3) The alleged offender has been interviewed and credibly denies the maltreatment allegation; (4) The investigator has ascertained that child’s home environment and has determined there is no maltreatment; and (5) the investigator interviewed the person who made the hotline report or made a good faith effort to interview that person and has not identified another maltreatment or health and safety factor concerning the child. The investigator shall interview collateral witness and review medical, school and mental health records when the child is unable to effectively communicate. It also excludes all youth in DHS custody, if alleged maltreatment occurred while in DHS custody.
Act 1215 (SB 810). This is Circuit Juvenile Division Judges’ Committee legislation that amends the Child Maltreatment Act to require the Child Abuse Hotline to accept educational neglect reports and assess child safety of all accepted hotline reports. It also requires the assessment to include each underlying issue or additional maltreatment concerns that may not have been identified in the original hotline report, and for DHS to work with families to remedy the conditions or issues that resulted from the child maltreatment report.
Act 1235 (SB 978). This Act amends various code provisions to regulate vapor products, alternative nicotine products, and E-Liquid products.
Act 1245 (HB 1627). This Act creates the Child Death and Near Fatality Multidisciplinary Review Committee.
Act 299 (SB 81). This Act combines the criminal offense of Driving While Intoxicated and Boating While Intoxicated. This Act also combines the offense of Underage Driving Under the Influence and Underage Boating Under the Influence. Finally, the Act revises laws concerning administrative suspensions of a person’s driver’s license and vehicle registration to reflect the combining of offenses.
Act 381 (SB 161). Amends Ark. Code Ann. § 3-3-203 to provide immunity from prosecution for the offense of persons under twenty-one years of age in possession of alcohol who act responsibly during a medical emergency.
Act 1221 (SB 877). Amends Ark. Code Ann. § 5-65-118 to state that the Office of Driver Services shall require installation of an ignition interlock device on a person’s motor vehicle if that person has violated § 5-56-103, the Omnibus DWI/BWI Act. The Act provides that the device is not available for DWI/BWI due to the ingestion of a controlled substance. Previous law said the interlock installation is discretionary.
Act 176 (HB 1310). Amends Ark. Code Ann. § 27-16-806 to allow the Office of Motor Vehicle when issuing a duplicate driver’s license at the end of a period of suspension to impose fees. The Act also amends Ark. Code Ann. § 27-16-911 to remove the requirement that the Office of Motor Vehicle retain suspended or revoked surrendered driver’s licenses.
Act 571 (SB 748). Amends Ark. Code Ann. § 27-35-306(g) to increase the width of manufactured home authorized for transport on a state highway from 14’ 6” to 14’ 9”. Such home must be accompanied by an escort vehicle.
Act 1035 (HB 1678). Amends Ark. Code Ann. § 5-65-105 concerning the penalty for driving on a suspended or revoked driver’s license when the suspension or revocation is the result of the person driving or boating while intoxicated. The Act changes the imprisonment from ten (10) days to “not less than 10 days or more than ninety (90) days.” Fine amount is not changed, not more than $1,000.
Act 1193 (HB 1878). Amends Ark. Code Ann. § 27-16-508 to provide that if a person’s driving privileges are suspended or revoked solely as a result of outstanding driver’s license reinstatement fees, the office shall collect only one reinstatement fee of $100 to cover all administrative orders to suspend or revoke a driver’s license. Requires that a district court or circuit court verifying to the Office of Driver Services that the person has paid all money penalties associated with the offense which led to the suspension; and that the person has completed a court-ordered diversion program, drug court program, diversion program for veterans, pre adjudication probation or any other court-ordered program designed to rehabilitate the person. The Act shall not apply to suspensions for DWI/BWI, Underage DUI/BUI or reinstatement of commercial driving privileges. The Act requires a district court or circuit court that operates a speciality court program to notify DFA when a person eligible to have reinstatement fees reduced completes the court program.
Act 1246 (HB 1645). Amends Ark. Code Ann. § 27-16-915 to authorize the issuance of a restricted driving program permit when a person is accepted and enrolled in a court approved preadjudication specialty court program for an offense involving the illegal possession or use of a controlled substance. The court may provide in an order for the issuance of a restricted driving permit to allow driving to and from various places involved in the court-ordered treatment and rehabilitation. Also states that the court shall not issue a restricted driving permit if the driving privileges are subject to revocation in the State of Arkansas or another state; a suspension wherein a court has prohibited the issuance of a restricted driving permit; a suspension for an offense committed outside the state of Arkansas where the person is restricted to the use of an interlock device; or a suspension for certain listed offenses.
Act 530 (HB 1193). Amends Ark. Code Ann. § 16-17-115 to repeal language stating that the local salary supplement paid to a district court judge who assumed the responsibility of attending a former city court shall not be used in calculating retirement benefits in the Arkansas District Judge Retirement System. The Act also amends Ark Code Ann. §§ 16-17-124 and 16-17-126 to clarify that these fees shall be credited to the general fund of the city or county.
Act 584 (HB 1463). Amends Ark. Code Ann. § 16-10-201, the district court record retention law. States that complete case files and written exhibits that may be destroyed after 7 years do not include civil or small claims division cases in which the judgement is not satisfied. Adds recalled or quashed arrest warrants and served or unexecuted search warrants as documents that may be destroyed after maintaining 3 years.
Act 587 (HB 1628). Amends Ark. Code Ann. § 16-17-106 concerning deputy district court clerks. This Act adds new language to state that the deputy clerk employed by the city or county is governed by the employee handbook and policies of the city or county. Further provides that if the deputy clerk is employed by more than one city or county, then the employing cities, counties, or both, shall determine by written agreement the appointment of expenses and the applicable employee handbook and policies. Finally, states that the district judge shall ensure compliance with the applicable employee handbook, policies, procedures, practices, ordinances, and resolutions of the city or county or both, consistent with Canon 2 of the Arkansas Code of Judicial Conduct.
Act 1001 (SB 751). Amends Ark. Code Ann. § 16-17-936 to provide that the court costs in the Quitman department of the Cleburne County District Court shall be allocated under § 16-10-604(d)(1)(A). The Quitman department’s monthly share of court costs becomes 50% of the amount collected each month. 50% of that monthly share must be remitted to the county administration of justice fund.
Act 1031 (HB 1629) Adds new Ark. Code § 16-17-138 to provide that a district court shall hold court in each department of the court at least one (1) time a month unless mutually waived by the judge and the city council. Such a waiver must be in writing. Provides that if the court has no case at the scheduled monthly meeting, the requirement is waived and court shall be held at the next scheduled time.
Act 1064 (HB 1769). An Act regarding the salaries of personnel and other requirements of various district courts. Amends Ark. Code Ann. § 16-17-108.
Act 1072 (HB 1224). Amends Ark. Code Ann. § 16-17-108(a)(84) regarding the appointment and qualifications of the Sebastian County District Court, Fort Smith District court clerk.
Act 1081 (HB 1532). This Act concerns the State District Court system. Amends Ark. Code Ann. § 16-17-1110(9) to provide effective January 1, 2017 the Osceola District in the Eighteenth District of Mississippi County will have a state district court judge. Amends Ark. Code Ann. § 16-17-1112 to establish state district courts effective January 1, 2017 in the: Twenty-Second District composed of Lee and Phillips counties, served by one state district court judge; Twenty-Sixth District composed of Ashley county, served by one state district court judge; and, Twenty-Eighth District composed of Bradley and Drew counties, served by one state district court judge; and amends the same code section to delete language establishing state district courts effective January 1, 2017 in the: Seventh District composed of Franklin and Johnson counties; Thirtieth District composed of Lonoke County; and Forty-First District composed of Garland County. Adds a new Ark. Code Ann. § 16-17-1113 to establish state district courts effective January 1, 2021 in the: Seventh District composed of Franklin and Johnson counties, served by one state district court judge; Eleventh District composed of Randolph, Sharp and Lawrence counties, served by two state district court judges; Twelfth District composed of the counties of Conway, Logan, and Yell, served by one state district court judge; Fifteenth District composed of Jackson and Woodruff counties, served by one state district court judge; Sixteenth District composed of Monroe and Arkansas counties, served by one state district court judge; Twenty-Fourth District composed of Scott, Polk, and Montgomery counties, served by one state district court judge; Thirtieth District composed of Lonoke county, served by one state district court judge; Thirty-Ninth District composed of Ouachita and Columbia counties, served by one state district court judge; and the Forty-First District composed of Garland county, served by two state district court judges. And this new code section adds: Stone County to Cleburne County to expand the geographical jurisdiction of the Thirteenth District; Fulton and Izard counties to Independence County to expand the geographical jurisdiction of the Fourteenth District; Clay County to Greene County to expand the geographical jurisdiction of the Sixteenth District; Cross County to St. Francis County to expand the geographical jurisdiction of the Twenty-Fifth District; Perry County to Pulaski County to expand the geographical jurisdiction of the Thirty-First District; and finally, adds: new Ark. Code Ann. § 16-17-1115 to establish a state district court effective January 1, 2029 in the: Thirty-Sixth District composed of Little River, Sevier, and Howard counties, served by one state district court judge; and adds Pike County to Clark County to expand the geographical jurisdiction of the Fortieth District.
Act 1179 (HB 1583). Adds a new Ark. Code Ann. § 16-81-118 concerning citation and arrest by a “school resource officer.” This Act allows this school officer to issue a citation to appear in district court upon violation of state law occuring during school-sanctioned events.