Judiciary Committee - Senate
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Bills discussed (40)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
SB547
· 4 mentions in agenda, transcript
Matched: “…THE CHAIR CONCUR IN HOUSE AMENDMENT Number Sponsor Subtitle SB547 B. Johnson TO AMEND THE LAW CONCERNING THE DIVISION OF PROP…”
|
TO AMEND THE LAW CONCERNING THE DIVISION OF PROPERTY IN AN ACTION FOR DIVORCE. | B. Johnson | Sine Die adjournment |
|
HB1755
Act 971
· 3 mentions in chapter, agenda, transcript
Matched: “HB 1755”
|
CONCERNING THE PUNITIVE ISOLATION OR SOLITARY CONFINEMENT OF INDIVIDUALS WHO ARE UNDER EIGHTEEN (18) YEARS … | Scott | Notification that HB1755 is now Act 971 |
|
HB1789
Act 1022
· 3 mentions in chapter, agenda, transcript
Matched: “HB 1789”
|
TO AMEND THE LAW CONCERNING THE OFFENSE OF TRAFFICKING; AND TO CREATE AN OFFENSE FOR … | Penzo | Notification that HB1789 is now Act 1022 |
|
HB1809
Act 1046
· 2 mentions in chapter, agenda
Matched: “HB1809 Love TO CREATE AN ADDITIONAL TERM OF IMPRISONMENT FOR OFFEN…”
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TO CREATE AN ADDITIONAL TERM OF IMPRISONMENT FOR OFFENSES THAT CONSTITUTE SERIOUS ACTS OF VIOLENCE … | Love | Notification that HB1809 is now Act 1046 |
|
HB1814
Act 1049
· 2 mentions in chapter, agenda
Matched: “HB1814 Rushing CONCERNING THE OFFENSE OF HARASSING COMMUNICATIONS.”
|
CONCERNING THE OFFENSE OF HARASSING COMMUNICATIONS. | Rushing | Notification that HB1814 is now Act 1049 |
|
SR42
· 2 mentions in transcript
Matched: “…hought i don't can we pull up a copy of it and it's it's uh senate resolution 42 and if we could you know i'd like to hear your thoughts abo…”
|
TO ENCOURAGE AND URGE GOVERNOR ASA HUTCHINSON TO ACT EXPEDITIOUSLY ON CERTAIN PAROLE BOARD RECOMMENDATIONS. | S. Flowers | Sine Die adjournment |
|
HB1235
· 1 mention in agenda
Matched: “…IT TO A CHEMICAL TEST, OR POSSESSION OF ALCOHOL BY A MINOR. HB1235 Petty CONCERNING THE PAYMENT OF COSTS AND FEES ORDERED BY A…”
|
CONCERNING THE PAYMENT OF COSTS AND FEES ORDERED BY A COURT. | Petty | Sine Die adjournment |
|
HB1238
· 1 mention in agenda
Matched: “…BEING ALLOWED TO ESTABLISH ITS OWN LAW ENFORCEMENT AGENCY. HB1238 Petty CONCERNING THE TIME PERIOD APPLICABLE FOR AN APPLICAT…”
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CONCERNING THE TIME PERIOD APPLICABLE FOR AN APPLICATION FOR DISCHARGE OF A SENTENCE. | Petty | Sine Die adjournment |
|
HB1488
· 1 mention in agenda
Matched: “…DITIONAL CIRCUIT JUDGESHIPS FOR CERTAIN JUDICIAL DISTRICTS. HB1488 Penzo TO AMEND THE LAW CONCERNING THE ADOPTION PROCESS WHEN…”
|
TO AMEND THE LAW CONCERNING THE ADOPTION PROCESS WHEN A LICENSED CHILD PLACEMENT AGENCY IS … | Penzo | Sine Die adjournment |
|
HB1732
· 1 mention in agenda
Matched: “…CODE § 16- 30-104 RETROACTIVE; AND TO DECLARE AN EMERGENCY. HB1732 Womack TO AMEND THE LAW CONCERNING GARNISHMENT AGAINST THE…”
|
TO AMEND THE LAW CONCERNING GARNISHMENT AGAINST THE STATE OR A SUBDIVISION OF THE STATE; … | Womack | Sine Die adjournment |
|
SB12
· 1 mention in agenda
Matched: “…R SERVICES RENDERED. REGULAR AGENDA Number Sponsor Subtitle SB12 A. Clark TO AMEND THE DEFINITION OF "NEGLECT" AND THE LAW C…”
|
TO AMEND THE DEFINITION OF "NEGLECT" AND THE LAW CONCERNING CLOSURES OF CHILD MALTREATMENT INVESTIGATIONS; … | A. Clark | Sine Die adjournment |
|
SB13
· 1 mention in agenda
Matched: “…PARENT, GUARDIAN, CUSTODIAN, OR FOSTER PARENT NONCRIMINAL. SB13 A. Clark CONCERNING DRUG TESTING UNDER THE CHILD MALTREATME…”
|
CONCERNING DRUG TESTING UNDER THE CHILD MALTREATMENT ACT; CONCERNING CHILD MALTREATMENT INVESTIGATION REPORTS; TO AMEND … | A. Clark | Sine Die adjournment |
|
SB139
· 1 mention in agenda
Matched: “…NATURE OF RECORDS UNDER THE ARKANSAS JUVENILE CODE OF 1989. SB139 M. Johnson TO AMEND THE LAWS CONCERNING VENUE IN THE JUDICI…”
|
TO AMEND THE LAWS CONCERNING VENUE IN THE JUDICIARY; TO PROMOTE EFFICIENT VENUE TRANSFER; AND … | M. Johnson | Sine Die adjournment |
|
SB198
· 1 mention in agenda
Matched: “…ONCERNING THE PAYMENT OF COSTS AND FEES ORDERED BY A COURT. SB198 B. Ballinger REQUIRING THAT THE ARKANSAS COMMISSION ON LAW…”
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REQUIRING THAT THE ARKANSAS COMMISSION ON LAW ENFORCEMENT STANDARDS AND TRAINING CONDUCT A STUDY ON … | B. Ballinger | Sine Die adjournment |
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SB230
· 1 mention in agenda
Matched: “…609 Irvin TO CREATE THE OFFENSE OF CHILD LABOR TRAFFICKING. SB230 K. Hammer CREATING A STATUTORY CIVIL ACTION FOR INVASION OF…”
|
CREATING A STATUTORY CIVIL ACTION FOR INVASION OF PRIVACY. | K. Hammer | Sine Die adjournment |
|
SB251
· 1 mention in agenda
Matched: “…OR AN APPLICATION FOR DISCHARGE OF A SENTENCE. Page 2 of 3 SB251 Irvin CONCERNING THE PAROLE OF A PERSON WHO WAS RELEASED OR…”
|
CONCERNING THE PAROLE OF A PERSON WHO WAS RELEASED OR IS SCHEDULED TO BE RELEASED … | Irvin | Sine Die adjournment |
|
SB254
· 1 mention in agenda
Matched: “…RELEASED UNDER THE FAIR SENTENCING FOR MINORS ACT OF 2017. SB254 Irvin CONCERNING THE OFFENSE OF IMPROPER USE OF THE STATE S…”
|
CONCERNING THE OFFENSE OF IMPROPER USE OF THE STATE SEAL; AND TO PROHIBIT THE USE … | Irvin | Sine Die adjournment |
|
SB280
· 1 mention in agenda
Matched: “…TABLISHING RETROACTIVE APPLICABILITY FOR CERTAIN SENTENCES. SB280 M. Pitsch TO AMEND THE LAW CONCERNING COMPENSATION AWARDED…”
|
TO AMEND THE LAW CONCERNING COMPENSATION AWARDED IN A CONDEMNATION ACTION. | M. Pitsch | Sine Die adjournment |
|
SB283
· 1 mention in agenda
Matched: “…N AS "SARA'S LAW"; CONCERNING THE SENTENCING OF A JUVENILE. SB283 T. Garner TO AMEND THE LAW CONCERNING THE PARTITION AND SAL…”
|
TO AMEND THE LAW CONCERNING THE PARTITION AND SALE OF LAND; AND TO REPEAL THE … | T. Garner | Sine Die adjournment |
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SB352
· 1 mention in agenda
Matched: “…MOTE EFFICIENT VENUE TRANSFER; AND TO DECLARE AN EMERGENCY. SB352 A. Clark TO AMEND THE LAW CONCERNING PROTECTIONS FOR CHILD…”
|
TO AMEND THE LAW CONCERNING PROTECTIONS FOR CHILD WELFARE AGENCIES. | A. Clark | Sine Die adjournment |
|
SB378
· 1 mention in agenda
Matched: “…THE LAW CONCERNING PROTECTIONS FOR CHILD WELFARE AGENCIES. SB378 Elliott TO BE KNOWN AS THE "PAROLE EQUITY ACT. SB484 B. Bal…”
|
TO BE KNOWN AS THE "PAROLE EQUITY ACT. | Elliott | Sine Die adjournment |
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SB474
· 1 mention in agenda
Matched: “…HE PENALTY FOR AN UNLAWFUL AUTOMATED TELEPHONE SOLICITATION SB474 T. Garner CREATING A CIVIL CAUSE OF ACTION AGAINST A PERSON…”
|
CREATING A CIVIL CAUSE OF ACTION AGAINST A PERSON THAT ENGAGES IN TELEPHONE CALLER IDENTIFICATION … | T. Garner | Returned to the Senate. |
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SB496
· 1 mention in agenda
Matched: “…OF A PERSON WITH THE USE OF PHYSICAL FORCE OR DEADLY FORCE. SB496 B. Ballinger TO AMEND PROVISIONS OF THE LAW CONCERNING ALIM…”
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TO AMEND PROVISIONS OF THE LAW CONCERNING ALIMONY SUPPORT. | B. Ballinger | Sine Die adjournment |
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SB500
· 1 mention in agenda
Matched: “…REFUNDS TO BE SUBJECT TO GARNISHMENT BY JUDGMENT CREDITORS. SB500 G. Leding TO AMEND THE LAW CONCERNING THE CUSTODIAL INTERRO…”
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TO AMEND THE LAW CONCERNING THE CUSTODIAL INTERROGATION OF MINORS. | G. Leding | Sine Die adjournment |
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SB507
· 1 mention in agenda
Matched: “…estrictions designating areas as 'Members and Staff Only'. SB507 L. TO AMEND THE LAW CONCERNING THE CONSIDERATION OF THE Che…”
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TO AMEND THE LAW CONCERNING THE CONSIDERATION OF THE PREFERENCE OF A CHILD IN A … | L. Chesterfield | Sine Die adjournment |
|
SB517
· 1 mention in agenda
Matched: “…rfield PREFERENCE OF A CHILD IN A CHILD CUSTODY PROCEEDING. SB517 Bond CONCERNING LIFE SENTENCES IMPOSED FOR NONVIOLENT FELON…”
|
CONCERNING LIFE SENTENCES IMPOSED FOR NONVIOLENT FELONY OFFENSES INVOLVING A CONTROLLED SUBSTANCE; CONCERNING CRIMINAL SENTENCES; … | Bond | Sine Die adjournment |
|
SB545
· 1 mention in agenda
Matched: “…R DIVORCE. RE-REFERRED TO COMMITTEE Number Sponsor Subtitle SB545 Irvin TO ESTABLISH RECOVERY OF DAMAGES FOR NECESSARY MEDICA…”
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TO ESTABLISH RECOVERY OF DAMAGES FOR NECESSARY MEDICAL CARE, TREATMENT, OR SERVICES RENDERED. | Irvin | Sine Die adjournment |
|
SB558
· 1 mention in agenda
Matched: “…ENALTY FOR OFFENSES NOT RELATED TO DRIVING A MOTOR VEHICLE. SB558 G. TO REPEAL ARKANSAS CODE § 16-30-104 CONCERNING THE CONTR…”
|
TO REPEAL ARKANSAS CODE § 16-30-104 CONCERNING THE CONTRACTUAL WAIVER OF A JURY TRIAL; TO … | G. Stubblefield | Sine Die adjournment |
|
SB570
· 1 mention in agenda
Matched: “…RIZE THE CALCULATION OF ATTORNEY'S FEES ON AN HOURLY BASIS. SB570 Hester TO PROVIDE FOR ADDITIONAL CIRCUIT JUDGESHIPS FOR CER…”
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TO PROVIDE FOR ADDITIONAL CIRCUIT JUDGESHIPS FOR CERTAIN JUDICIAL DISTRICTS. | Hester | Sine Die adjournment |
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SB578
· 1 mention in agenda
Matched: “…N THAT ENGAGES IN TELEPHONE CALLER IDENTIFICATION SPOOFING. SB578 A. Clark TO REMOVE A DRIVER'S LICENSE SUSPENSION OR REVOCAT…”
|
TO REMOVE A DRIVER'S LICENSE SUSPENSION OR REVOCATION AS AN AVAILABLE PENALTY FOR OFFENSES NOT … | A. Clark | Sine Die adjournment |
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SB607
· 1 mention in agenda
Matched: “…Irvin TO AMEND THE FAIR SENTENCING FOR MINORS ACT OF 2017. SB607 Irvin CONCERNING THE SENTENCING OF A JUVENILE OFFENDER. SB6…”
|
CONCERNING THE SENTENCING OF A JUVENILE OFFENDER. | Irvin | Sine Die adjournment |
|
SB608
· 1 mention in agenda
Matched: “…L; AND TO PROHIBIT THE USE OF THE STATE SEAL IN A CAMPAIGN. SB608 Irvin TO AMEND THE FAIR SENTENCING FOR MINORS ACT OF 2017.…”
|
TO AMEND THE FAIR SENTENCING FOR MINORS ACT OF 2017. | Irvin | Sine Die adjournment |
|
SB609
· 1 mention in agenda
Matched: “…PLACEMENT AGENCY IS NOT USED; AND TO DECLARE AN EMERGENCY. SB609 Irvin TO CREATE THE OFFENSE OF CHILD LABOR TRAFFICKING. SB2…”
|
TO CREATE THE OFFENSE OF CHILD LABOR TRAFFICKING. | Irvin | Sine Die adjournment |
|
SB610
· 1 mention in agenda
Matched: “…607 Irvin CONCERNING THE SENTENCING OF A JUVENILE OFFENDER. SB610 Irvin TO BE KNOWN AS "SARA'S LAW"; CONCERNING THE SENTENCIN…”
|
TO BE KNOWN AS "SARA'S LAW"; CONCERNING THE SENTENCING OF A JUVENILE. | Irvin | Sine Die adjournment |
|
SB630
· 1 mention in agenda
Matched: “…CREATING A STATUTORY CIVIL ACTION FOR INVASION OF PRIVACY. SB630 G. CONCERNING THE COMPENSATION OF A RETIRED JUDGE APPOINTED…”
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CONCERNING THE COMPENSATION OF A RETIRED JUDGE APPOINTED TO TEMPORARY SERVICE; CONCERNING THE RECUSAL OF … | G. Stubblefield | Sine Die adjournment |
|
SB661
· 1 mention in agenda
Matched: “…NCE AGAINST A PERSON AT A CHURCH OR OTHER PLACE OF WORSHIP. SB661 Bond CONCERNING THE POSSESSION OF MARIJUANA BY A FIRST-TIME…”
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CONCERNING THE POSSESSION OF MARIJUANA BY A FIRST-TIME OFFENDER; AND CONCERNING THE POSSESSION OF A … | Bond | Sine Die adjournment |
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SB674
· 1 mention in agenda
Matched: “…THE LAW CONCERNING ADOPTIONS; AND TO DECLARE AN EMERGENCY. SB674 A. Clark TO REDUCE THE SENTENCE CLASSIFICATIONS FOR CERTAIN…”
|
TO REDUCE THE SENTENCE CLASSIFICATIONS FOR CERTAIN OFFENSES FROM A FELONY TO A MISDEMEANOR. | A. Clark | Sine Die adjournment |
|
SB78
· 1 mention in agenda
Matched: “…NY TO A MISDEMEANOR. DEFERRED BILLS Number Sponsor Subtitle SB78 L. CONCERNING THE FEE TO ATTEND A VICTIM IMPACT PANEL THAT…”
|
CONCERNING THE FEE TO ATTEND A VICTIM IMPACT PANEL THAT IS REQUIRED BY LAW OF … | L. Chesterfield | Sine Die adjournment |
|
SB88
· 1 mention in agenda
Matched: “…D TO AMEND THE LAW CONCERNING INVESTIGATIVE DETERMINATIONS. SB88 A. Clark TO AMEND THE LAW CONCERNING PETITIONS TO REINSTATE…”
|
TO AMEND THE LAW CONCERNING PETITIONS TO REINSTATE PARENTAL RIGHTS. | A. Clark | Sine Die adjournment |
|
SB89
· 1 mention in agenda
Matched: “…THE LAW CONCERNING PETITIONS TO REINSTATE PARENTAL RIGHTS. SB89 A. Clark TO AMEND THE LAW CONCERNING THE CLOSED AND CONFIDE…”
|
TO AMEND THE LAW CONCERNING THE CLOSED AND CONFIDENTIAL NATURE OF RECORDS UNDER THE ARKANSAS … | A. Clark | Sine Die adjournment |
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There's been a lot of discussion about when committees will have their last meeting, etc. The Senate Judiciary Committee will meet as long as there are bills to be heard for members. a senate bill if we end next friday if we end wednesday a senate a senate bill would not have
a chance if it did not to get through the process if it was not passed today if we were to end friday it would not have a chance if it did not pass monday i don't expect there to be a lot of work but as long as there's anything that needs to be concurred anything needs to be heard that's why we're here and you've been a great committee but we will call the chair whatever we have to do, we'll come in here and get members taken care of. I know I have a House bill to run this morning. Senator Johnson has a bill he needs us to concur on. One of us might run that for him
on a House amendment. And I think we have a couple other things like
Speaker 6
1:15
that. Senator Cooper, do you have something? Yes, Mr. Chair. Just for your information, I have one in the House that probably be voted on today. It's non-controversial. It's the Attorney General bill. It's a very important bill. I think we'll have it Monday, I think. So, but I just want you to be aware
of that. Okay. Well, we will, I'll go ahead and say now
we will plan on meeting Monday upon adjournment. Don't expect there to be much, and if there's not anything, we won't
meet. But we'll plan on meeting Monday upon adjournment as usual, and anything that's there to be heard and if something pops up the next day or the next day that uh that uh needs to be heard uh we will do call the chair and we'll come in and and
hear it because we're here to serve the people and we do
that by serving other legislators okay somebody got something right off the bat I think yesterday and everybody's happy with the people that were opposing it right that
That is probably HB 1789 for Representative Penzo. Thank you.
Senator Flowers, you are recognized. Thank you. Members, this is House
Bill 1789, as engrossed yesterday. This was Penzo's bill, and Senator Ballinger was a sponsor on it, too. He's not in here. So it's agreed to now with the amendment from yesterday. It took all of Section 3 out, And the attorneys that testified in opposition to the bill earlier this week, they are supportive of it.
So it's an agreed-to bill, and I'd ask for a motion to do pass. I
make a motion to do pass. Okay, before we do that, I know we're in a hurry, but... Well, I'll take questions. Any questions from the
Senator Will Bond
Unverified
4:09
committee? Mr. Bond? I see the attorneys behind you, and I know some of them, and they are nodding their heads. The Bar Association also had issues with the bill. Yeah, the Bar Association is fine with it.
All right, there's Jay. Okay, thank you. Thank you, Senator. Yes. Any
other questions? Anybody here who wanted to testify against the bill, for the bill?
If you would like to come to the table. and let's keep it as brief as we can so
Speaker 28
4:44
we know what the outcome is and Mr. Chairman I'm Kay McLeod I'm an attorney here I also represent the Arkansas Bar Association in favor of the bill as
amended I also have spoken with Sandra Bradshaw who was one of the attorneys that testified against the bill the other day she also is a deputy prosecutor and we discussed it this morning as amended. At the end of this month, the Prosecutors' Association has their annual meeting in Fort Smith, and this will be one of the items on their agenda to review the legislation. And I think with the bill as amended and the Prosecutors' Association on board, we will have much more success in prosecuting these behaviors across the state of Arkansas.
John Tribble
Unverified
5:25
Thank you. Good morning. I'm Candy Cotts with ABBA Adoption Agency. And we, as the, as ABBA Adoption and other child placement agencies in the state of Arkansas, we support this bill as amended. Good morning. My name is John Tribble.
Jp Tribble
Unverified
5:50
I'm a practicing attorney here in Little Rock. I merely want to express my support for this bill.
Thank you. Okay, that's everyone. Four. Members of the committee, this
norm, I'm going to do, instead of waiting until after the formality of making a motion, I'm going to do the discussion. We met after we got out of judiciary at 8.30 the other night. We met until 10.30 with both sides. and agreed to amend it down to this.
And also, Representative Penzo and Senator Ballinger are not in here this morning. Very much appreciate them bringing this problem of this forced adoption, especially in the Marshallese community, to our attention. It was something I certainly was not aware of. And we agreed in the interim to—interim study would come to this committee to help look at how to make it better and to amend it down to this part of the bill for now. And I appreciate everybody that worked on it.
And so, any other discussion? Senator Flowers, would you like to close for the bill? I'm closed. Move to pass. Second from Senator Cooper. Any further discussion? Hearing none, all for the motion signify by saying aye. Aye. All opposed? Motion carried. Congratulations, Senator Flowers. You have passed Representative Penzo's bill. Is there anyone here that feels like they can run SB 547 for Senator Johnson?
We're concurring in a House amendment on the Divorce Division of Property bill. what's the number of house bill
547 senate bill 547 senator johnson's we
passed it out passed it through the senate they amended it in the house believe made it better okay
we can wait we have a little time okay
I see what he did he just put that I can do this okay
he thought that you might Senator Flowers, you're recognized.
members this Senate bill 547 simply adds in to
the statute concerning marital property exceptions the exceptions to marital property of course would be separate property and so the other night if you remember we passed the bill out that Representative Collins had that allowed for time, effort, and skill of a
spouse in property that was brought into the marriage and was separate property that has not increased. That's one of the definitions of, are one of the exceptions to marital property. So if it hasn't increased due to the time labor, time, effort, and skill of a spouse, then it's still separate property upon
divorce. So they'd have to show that it had increased in value as a result of that other spouse's time, effort, and skill. Happy to answer any questions. We We passed that bill, and I think it passed the floor yesterday. Questions
Speaker 6
10:11
from the committee? Senator Cooper? Has this one been amended? It's not. Yes, it's been engrossed. Okay, sorry, I missed that.
that was, I guess the part that was engrossed was line 18 and 19 on page 2
that says property acquired before the marriage that has not increased in value as a result of the time, effort, or skill of a spouse. So it becomes one of the exceptions to what a court will consider marital property. Other questions
Speaker 49
10:52
from the committee? Senator Bond. So, Senator Flowers, I think what you
Senator Will Bond
Unverified
10:57
believe this bill and the one that we passed out the other night,
Representative Collins, they fit together. I'm foggy
on how that works. Well, the reason for Representative Collins' bill was that the practice and the precedence from 30 years back or more had not been codified. so that the court didn't have clear written understanding through our codes, but rather through court decisions on how to assess whether separate property should be considered marital
if after marriage the time and the skill and the labor of that spouse helps to increase the value of that separate property. So the court would look at, and he put in statute the other day, that the court could look at that as an exception, just like these other exceptions. You see the other exceptions are before uh line 18 and 19 and they include uh property acquired prior to marriage
that's number one on page one line 25 it says these are the exceptions to marital property right and i think i now i got it so
Senator Will Bond
Unverified
12:19
this is the this is sort of his was increase in value due to efforts of the spouse or the of a spouse and this is the opposite meaning if it didn't increase and it's not marital property. I got it. Exactly. Okay. Thank
you. That it becomes an exception to marital property. Other questions?
Hearing none, is there anyone here to speak against the amendment on the
bill? Anyone here to speak for? Seeing none, Senator Flowers, would you like to close? Close for the bill. Appreciate a good vote and move to pass. Move to pass to concur in
the House amendment i got a second from center letting any further discussion hearing none all for the motion signify by saying aye all opposed motion carried congratulations center flowers you
have uh passed the concurrence for center johnson's bill any other members have something
I have house bill let me find
Speaker 55
13:33
it it was referred to judiciary I'm going to turn the
chair over to Senator Flowers
and run House Bill 1755. Senator
Clarkey recognized to run House Bill
1755. Thank you, Madam Chair. The, uh, this,
uh, as it says, concerns the punitive isolation, solitary confinement of individuals under 18 years of age. Uh, this was, uh, selective. It did not cover everywhere, and I have to tell you, I don't remember what it did cover. Uh, before I agreed to be the Senate's sponsor. I went to the people involved and made sure that they were fine with
it, and everyone said that they were. I will
do my best to answer any questions. Okay.
Well, it looks like the bill is putting forth in statute. You can't isolate, do punitive isolation, and they define it as well solitary confinement, and that's defined
in the bill for more than 24 hours, unless, and the exceptions to the 24-hour rule seem to be 33, starting at line 33, physical or sexual assault committed by that juvenile or the conduct of the juvenile that poses an imminent threat of harm to the safety of the juvenile or
the people around him, or they've attempted to escape, and so it seems
like it tries to correct problems that we've had with kids being placed in isolation and confinement. Yes,
we were trying to walk a tight line. We, you know,
it is a very harsh punishment for a juvenile. On the other hand, juveniles, some juveniles can be very hardened also. So we wanted to be as protective as we could and without overdoing it. And like I said,
as far as I know, this is
agreed to language. And it appears on
page two that this applies to juveniles even placed in the Department of Correction or the Arkansas Community Correction. And if you put them in isolation or solitary confinement for more than 24 hours on page 3, it says that the warden has to give written authorization for that juvenile being placed there.
Right. So I guess the bill was vetted. Nobody here signed up to talk. So Department
of Corrections come from the House, so I guess they would have seen it,
you think? Yes, ma'am. Like I said,
when I was asked to sign on to it, I went and talked to the folks that
we thought might be in opposition, and they all said that it was fine.
Any questions from the committee? Seeing none, there's no one signed up to speak for or against the bill. Are you closed
for the bill? I am. I appreciate your help running the bill, Madam Chair, and I would move to do pass. Okay.
Got a second from Senator Bunn. Any discussion? None. All those in favor say aye. Aye. Those opposed, no.
Ayes have it. You've passed the bill. Thank you, Madam Chair. Thank you, Committee.
Okay. So then I just learned that that resolution that I had given you all a copy of about those inmates that are serving sentences under the old law as opposed to the Act 570 that was passed in 2011, that resolution was actually referred to state agencies.
so i think it would be good for me before i even think about running it down there
to hear you all on record saying what you thought i don't can we pull up a copy of it and it's it's uh senate resolution 42 and if we could you know i'd like to hear your thoughts about it
i thought it was pretty simple, and the prosecuting attorney's coordinator, I think, I don't know what you're,
you'd like to comment on it? No, I'm sorry. I think it adequately explains what you had, what you
suggested. Okay. I think it's doable. It just, let me pull it up. I'll try to see what, It's Senate Resolution 42. And I don't know if state agencies is going to meet again. I heard they met this morning. So, but it's just a Senate resolution,
and I didn't think it had to go over to the House. I don't know. But I thought we were just going to do it as a committee and then send it up to the, or I guess we could maybe amend it and put every member of the committee on it if y'all all support it and just send it to the governor without having any other kind of formality. I don't know if that, I mean, it's not like a law we're passing.
It's just something to encourage. But the resolution reads, whereas in 2011 the General Assembly passed and the governor signed Acts 2011, number 570, which lowered sentences for controlled substances offenses in certain cases, and whereas, however, Acts 2011, number 570 was not retroactive, And therefore, offenders sentenced for the same offense before the effective date of Acts 2011, No. 570, were subjected to a higher level of criminal liability for the same conduct than those who were sentenced after the effective date of Acts 2011, No. 570.
And this has often led to some inmates serving much longer sentences than other inmates who were convicted of the same offense. And whereas the parole board has considered this lack of equity in sentences and parole eligibility dates and has begun to offer recommendations to Governor Asa Hutchinson in certain cases that attempt to resolve this inequity, be it resolved by the Senate of the 92nd General Assembly of the state of Arkansas
that the Senate encourages and urges Governor Asa Hutchinson to act as expeditiously as possible on the recommendation by the parole board concerning controlled substances convictions that were imposed prior to Acts 2011, No. 570, and resulted in sentences longer than those imposed for the same conduct after Acts 2011, No. 570.
So I don't know if the staff can give us ideas about how this can be
done. I mean, my thought was just to send a message in some kind of formal document
Speaker 6
23:11
to the governor. Senator Cooper? From my understanding, the way that that wording is, that should that be done, it's urging the governor to act, does not necessarily imply that he has to act to release anybody,
but that would be a determination of whether that would be something that would be considered. Right. I
was trying to search for a term, and all I could think of
was expeditiously to say, you know, because like the lady from Grant County whose husband was incarcerated,
I think he'd been in there since 70-something. I don't remember. It sounds like he's been there a long time. So
Speaker 6
23:56
to act there would be to make a determination
to whether any clemency would be appropriate in those individual cases. That's the way I read that. Quickly act. I don't know that I
have any objection to the resolution. If you have some other idea of the language, because I'm just saying consider these applications that are made to him for commuting these sentences. Because, like I said, he might be able to commute that sentence they got under prior to Act 2011 570, which, you know, gave a greater sense for something than something that's done today, similar.
But it still doesn't necessarily mean that they'll get out because the other stuff that they
might be in there for, serving time for, they
may not have served all that time. And everything that they might have been sentenced for hasn't changed since 2011, Act 570.
Can you think of any other different language to
use, anybody? So I'd ask Ms. Potras. I'm right here. Putras. Potras. Potras. You know, I never did call our staff's last name. We always call her Allison. Potras. Potras. And I think at this point we
Speaker 72
25:46
should thank our staff. Judy, Judy, Judy, what?
Stillman. See, I know your face. So many people around
here. Judy Stillman and Allison Portrez for serving us this session. Excellent job. And long hours. Okay, Senator Clark has another bill, but getting back to this
resolution, Allison or Judy, if y'all could check and see how to do that, because, I mean, okay.
So, Senator Clark, let us know what bill you're running. House
Bill 1809. I know that Representative Love is running a bill in the House that is taking some time. You
are recognized. I'm still trying to find the bill. There's a green sheet on it. I see the bill. So that's an impact assessment. House Bill 1809.
Ironically, it is a sentence enhancement, Senator Bond, and no one's tougher on questions on that than me. This is an act to create an additional term of imprisonment for offenses that constitute serious acts of violence against a person at church or other place of worship and for other purposes. Can't think of a better reason to enhance sentences than violence against a church or somebody at church. I'll be happy to take any questions.
It adds one to ten years up to
Senator Will Bond
Unverified
27:39
the judge. I just have a technical question. Senator Bunn? I just have a technical question, and maybe I missed this in the other bills. At the very bottom line, it's 27 through 29. A person receiving an additional term of imprisonment under this section is not eligible for early release on parole or community correction transfer for the additional term of imprisonment. And so it may be technical. You may not be able to. I can't answer it. You may be able to. How that works when someone's sentenced, I guess. I just want to get that straight in my mind. Does that mean
they get there to the parole eligibility date and then have to serve one more year
or five more years? I just want
to understand how it works. Well, it sounds like they don't get a parole or early release for that additional term. So if the judge puts anywhere from one to ten
years additional term, whatever they got to begin with, if they got a six-year term or ten-year term,
maybe they could, you know, have time for good behavior. I don't know
how. Is Attorney Parrish in here? Does he know? I don't see anyone jumping up to answer
the question. Ms. Campurs, do you know? Have you seen this
bill? Do you know, to me, it sounds like that line 27 to 29 that Senator Bunn is referring to says they can't discount that additional term.
So if a judge gives them another year or up to 10 years, anywhere from 1 to 10, they can't get good credit for it
or at least early release? And while they're coming, Senator Bond, I'm not a lawyer, but I have found over the years I normally get these things right. I would think that if you've got five years plus one for this, that the five years can be discounted however they discount it. The one year cannot be discounted. So that's how I think that the math would work.
Speaker 97
29:46
But we'll let the experts. Greg Parrish, Arkansas Public Defender Commission. and my interpretation of the enhancement in this is it's day for day. It
is not subject to early release. And I would agree with that, too. And that's basically what I said,
I think. That extra time, you don't get to
get credit for good behavior or any credit you may have gotten before you were actually sentenced.
Speaker 97
30:16
That's correct. There are enhancements that that would apply to, other types of enhancements, but I do not believe it applies to this type of
Senator Will Bond
Unverified
30:26
enhancement. Senator Bunn. And I apologize for holding this up. I'm still confused as to day for day, meaning, so say you're sentenced to a 10 years. So normally, if you got all your good behavior and it wasn't some other enhanced offense, you could get out in, what, three or four years, possibly?
Speaker 97
30:48
That would depend upon the classification of the offense, whether it's level seven or higher, which would mean you serve half minus good time, or below. Yeah, if it's below. Okay, if it's below, it's a third minus good time. So on the substantive offense, my interpretation would be, let's say it's a five-year sentence. That's 60 months. That's how the department computes everything. A third of 60 is 20 if you make your class and earn it, you get day for
Senator Will Bond
Unverified
31:15
day, but not on the enhancement. And so what
I'm trying to get straight in my mind, so you do, say, the 60-month sentence, you do 20,
and you would normally be parole eligible, possibly, and then would you do the extra year? When you say day for day, if the enhancement for the church crime was a year, you would do that whole year in addition to it. That's what we're talking about. That's what Senator Clark said. That's the
way I read it, but this isn't my area of practice. That
Speaker 97
31:39
is correct. Now, on the 60-month, you do a half-month, a third-month is a good time. In essence, you do a 10-month sentence on that if you earned your class, and then you'd still have to do that extra year on the enhancement. Thank you. You're welcome.
I think that's what I was saying. I'm sorry I confused you. Senator Clark, any other questions of Senator Clark on this bill? If not, is there anyone here to speak for or against the bill? If not, Senator Clark, are
you closed for the bill? Senator Flowers, I am closed, and I think, you know, as reluctant as I am for enhanced sentencing, the fact that I support this speaks volumes, and I move to pass.
Senator Clark moves to do pass. Is there a second? Senator Cooper seconds. Any discussion? Seeing none, all
those in favor say aye. Aye. All those opposed, no. Ayes have it. You've passed the bill. Thank you, Madam Chair. Thank you, Committee.
Speaker 6
33:03
Senator Cooper. I do have one at the appropriate time. I'd like to run for another House member. Right now would be the appropriate
time, sir. Thank you. Can I just say something? Sure. You're recognizing. While he's going to the table, the staff has told me I have to run it and get it adopted over there in state agency.
So if we can do that, if I can do that before they end. But I'd ask you all if you all would like to have it amended and put your names on it as co-sponsors, as a committee. Put my name on
it. Senator Rice. Senator Cooper. Yes. Senator Stubblefield. So it's that Senate Resolution 42 that I was talking about. Hmm, no? Okay. All right. Thank you.
I'll put everybody but Senator... Stokefield and Ballinger's not here. And Ballinger's not here. I'll ask him.
Speaker 6
34:20
Okay. Senator Cooper, what bill... Mr. Chair, this will be House Bill 1814 by Representative Rushing.
Let us find House Bill 1814. Okay, Senator Cooper, you are recognized to present House Bill 1814.
Senator John Cooper
Unverified
34:48
Thank you, Mr. Chair. When you gave the
Speaker 6
34:51
statement a little while ago about looking through the bills to find one, I noticed this one in there, and I think this is a good bill from what I can see. I have background in telecommunications. That's where my career was, and also I have had experience in helping prosecute some of these events. And I think from what I can see here, this is a good approach to some of the things that goes on.
and looks like there's some things that have come lately in the social media realm that maybe we didn't have taking place when I was in the industry that looks like this bill addresses. So I'd ask that you look it over for just a few minutes, and I think from my experience, all this falls in line what we should be doing.
So, uh, I will, uh, wait for your comments if you have any. Okay. I'm going to, before we do,
is there anyone here to speak against the bill? No, there's no one signed up to speak against the bill committee. Questions from the committee? Take your time.
Speaker 6
36:23
And for the committee's information, or for the public information, this has already passed the House, and we contacted the sponsor of this, and she did ask me to go ahead and run it for her. Thank you, Senator Cooper. She
may have asked me weeks ago to run it, and I may have forgotten.
Speaker 113
36:57
That's understandable. Senator Flowers? Senator
Cooper, the only part I see, you know, now it seems like telecommunications is the
medium or the method of frightening somebody or harassing somebody. But down on page 2 at the line, starting at line 12, it says communicates with another person by any method described in B1 of this section without legitimate purpose.
And B1, subsection B1 is on the first page, and
Speaker 6
37:42
that says with the purpose. That's what defines the harassing communications. Uh-huh. That's where the telecommunications comes in, and that gives the intent there with the purpose to harass an oil alarm, which is basically what harassment of communications
is. Yeah, but that last part, that on line 12 of page 2, communicates with another person by any method described.
Okay, so the method is described there. So, all right. Anyway, by telephone, telegram, I see. Okay. So it just doesn't have, I mean... This relates
Speaker 6
38:22
only to the communications harassment part, no other medium besides telecommunications. Okay, so we're not just talking
about somebody walking up to somebody? No, no. No, that's a totally
Speaker 6
38:32
different realm than this. Okay, thank you.
Other questions from the committee? Seeing no other questions and no one to speak for or against Senator Cooper, would you like
Speaker 6
38:55
to close for the bill? I'll say we're closed and I make
a do pass motion. Motion do pass. Second from Senator Flowers. Any further discussion? All for the motion signify by saying aye. Aye. All opposed? Motion carried. Congratulations, Senator Cooper. You have passed Representative Rushing's bill. Thank you. I only see one House bill on the agenda that has not been run.
It is House Bill 1488. I think that probably y'all may have not passed that while it was gone or it may have been decided not to run because it looks like it's on the back. It's Rep. DiPenzo's bill because of the conflict on 1789. I'm thinking
that they're... Right. Those were similar bills. Sure. And so they chose to run the other. Okay,
so that's the only House bill that I see on the agenda that we have not run, and it's not supposed to be run, so that leaves Senate bills.
I am going to suggest just to be sure that we
do not miss someone that we recess and come back for, unless you have something really pressing that we come back here at 1020 for just a moment just in
case somebody's tied up somewhere else and has something to run and again this is not our last meeting it does not appear there would be anything except last minute bills from the house we passed your bill that there would be anything but last minute bills from the house or concurrence in the house amendments but i really appreciate your diligence i don't think uh anybody remembers a senate
judiciary committee that stayed caught up throughout time and even though we had some late night meetings at the end it wasn't because it wasn't because we had not done our work previously. And we have not had people come and wait time after time and not get their bills run, as I have done in judiciary many years. And again, I could not have done that if not for your diligence and you're willing to work and serve fellow members. I very much appreciate you and the job you've done. And like I said, we may meet for a few minutes
here and there and like I said we'll come back here at 20 after just in case somebody has something and if not we'll we'll be out except for call well we'll meet Monday upon adjournment assuming that something will be coming back from the house and if again if there's not anything then we'll let you know during the senate meeting that there's not anything okay so we are recessed until 10 20.
Unknown speaker
41:59
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Anyone have anything we need to hear? We have a quorum if we needed to. we've already concurred in his amendment
Okay, again, anyone know of anything that we need to run? we have a quorum here we didn't think there would be anything
we just wanted to be sure so we will meet Monday upon adjournment and on the call of the chair for anything that shows up that we need to see. Thank you we are adjourned
Agenda
Call to Order
547
HB 1789
HB 1755
HB1814 Rushing CONCERNING THE OFFENSE OF HARASSING COMMUNICATIONS.
HB1809 Love TO CREATE AN ADDITIONAL TERM OF IMPRISONMENT FOR OFFENSES THAT CONSTITUTE SERIOUS ACTS OF VIOLENCE AGAINST A PERSON AT A CHURCH OR OTHER PLACE OF WORSHIP.
Adjourned
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE - SENATE AND HOUSE, Apr 5, 2019 | Agenda | 3 | Official source ↗ |
Speakers
Senator Alan Clark Chair
Unverified
Speaker 6
Senator Stephanie Flowers Chair
Unverified
Senator Will Bond
Unverified
Speaker 28
John Tribble
Unverified
Jp Tribble
Unverified
Speaker 46
Speaker 49
Speaker 55
Speaker 72
Speaker 97
Senator John Cooper
Unverified
Speaker 113