Judiciary Committee- House
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Bills discussed (42)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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SB319
· 3 mentions in chapter, agenda, transcript
Matched: “SB319 B. Ballinger TO AMEND THE LAW CONCERNING EMINENT DOMAIN; AN…”
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TO AMEND THE LAW CONCERNING EMINENT DOMAIN; AND TO ADD NEW DEFINITIONS UNDER EMINENT DOMAIN. | B. Ballinger | Sine Die adjournment |
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HB1009
· 2 mentions in chapter, agenda
Matched: “HB1009 Dotson PROHIBITING CERTAIN SEX OFFENDERS FROM ENTERING UPON…”
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PROHIBITING CERTAIN SEX OFFENDERS FROM ENTERING UPON A SCHOOL CAMPUS. | Dotson | WITHDRAWN BY AUTHOR |
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HB1029
· 2 mentions in agenda, chapter
Matched: “…COURT. HB1040 Rushing TO AMEND THE ARKANSAS HOT CHECK LAW. HB1029 Rye AN ACT TO CREATE THE ARKANSAS HERITAGE PROTECTION ACT.…”
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AN ACT TO CREATE THE ARKANSAS HERITAGE PROTECTION ACT. | Rye | Died on House Calendar at Sine Die Adjournment |
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HB1040
· 2 mentions in chapter, agenda
Matched: “HB1040 Rushing TO AMEND THE ARKANSAS HOT CHECK LAW.”
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TO AMEND THE ARKANSAS HOT CHECK LAW. | Rushing | Died on House Calendar at Sine Die Adjournment |
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HB1059
· 2 mentions in chapter, agenda
Matched: “HB1059 Pilkington CONCERNING THE USE OF PHYSICAL FORCE IN SELF-DEF…”
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CONCERNING THE USE OF PHYSICAL FORCE IN SELF-DEFENSE OR IN THE DEFENSE OF OTHERS. | Pilkington | Died on House Calendar at Sine Die Adjournment |
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HB1114
· 2 mentions in agenda, chapter
Matched: “…ATORY, EXCULPATORY, OR NEITHER INCULPATORY NOR EXCULPATORY. HB1114 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT…”
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TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT; TO PROVIDE FACTORS FOR A COURT TO CONSIDER … | Lowery | Died on House Calendar at Sine Die Adjournment |
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HB1294
· 2 mentions in agenda, chapter
Matched: “…LED HANDGUN BY A RETIRED CERTIFIED LAW ENFORCEMENT OFFICER. HB1294 Della Rosa RESTORING PROSECUTORIAL DISCRETION IN THE RESOLU…”
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RESTORING PROSECUTORIAL DISCRETION IN THE RESOLUTION OF DRIVING OR BOATING WHILE INTOXICATED CASES. | Della Rosa | Died on House Calendar at Sine Die Adjournment |
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HB1307
· 2 mentions in chapter, agenda
Matched: “HB1307 Dotson PERMITTING A BANK OR BANKING INSTITUTION TO UTILIZE…”
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PERMITTING A BANK OR BANKING INSTITUTION TO UTILIZE THE SMALL CLAIMS DIVISION OF A DISTRICT … | Dotson | Recommended for study in the Interim by Joint … |
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HB1486
· 2 mentions in chapter, agenda
Matched: “HB1486 Gazaway TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD BORN…”
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TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD BORN OUTSIDE OF MARRIAGE. | Gazaway | Died on House Calendar at Sine Die Adjournment |
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HB1494
· 2 mentions in agenda, chapter
Matched: “…WAL APPLICATION BEFORE THE EXPIRATION DATE PAYS A LATE FEE. HB1494 V. Flowers CONCERNING THE IMPOSITION OF THE DEATH PENALTY O…”
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CONCERNING THE IMPOSITION OF THE DEATH PENALTY ON A DEFENDANT WITH A SERIOUS MENTAL ILLNESS. | V. Flowers | Died on House Calendar at Sine Die Adjournment |
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HB1520
· 2 mentions in agenda, chapter
Matched: “…DEATH PENALTY ON A DEFENDANT WITH A SERIOUS MENTAL ILLNESS. HB1520 Petty CONCERNING THE LAST MEAL OF AN INMATE SENTENCED TO DE…”
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CONCERNING THE LAST MEAL OF AN INMATE SENTENCED TO DEATH. | Petty | Died on House Calendar at Sine Die Adjournment |
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HB1613
· 2 mentions in agenda, chapter
Matched: “…y CONCERNING THE LAST MEAL OF AN INMATE SENTENCED TO DEATH. HB1613 L. Johnson CONCERNING THE OFFENSE OF BATTERY IN THE SECOND…”
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CONCERNING THE OFFENSE OF BATTERY IN THE SECOND DEGREE. | L. Johnson | Died on House Calendar at Sine Die Adjournment |
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HB1635
· 2 mentions in chapter, agenda
Matched: “HB1635 Petty CONCERNING AN INCREASE IN THE SENTENCING RANGE FOR RE…”
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CONCERNING AN INCREASE IN THE SENTENCING RANGE FOR REPEAT FELONY SEX OFFENDERS; CONCERNING SEX OFFENDER … | Petty | Died on House Calendar at Sine Die Adjournment |
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HB1680
· 2 mentions in agenda, chapter
Matched: “…Gazaway TO AMEND THE OFFENSE OF SEXUALLY GROOMING A CHILD. HB1680 Gazaway CONCERNING THE DEFINITION OF "TARGET GROUP" AS IT A…”
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CONCERNING THE DEFINITION OF "TARGET GROUP" AS IT APPLIES TO COMMUNITY CORRECTION. | Gazaway | Died on House Calendar at Sine Die Adjournment |
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HB1705
· 2 mentions in chapter, agenda
Matched: “HB1705 Gazaway TO PROTECT THE PUBLIC CONFIDENCE IN THE INTEGRITY O…”
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TO PROTECT THE PUBLIC CONFIDENCE IN THE INTEGRITY OF JUDICIAL ELECTIONS; AND TO REQUIRE ADDITIONAL … | Gazaway | Died on House Calendar at Sine Die Adjournment |
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HB1834
· 2 mentions in agenda, chapter
Matched: “…IT TO A CHEMICAL TEST, OR POSSESSION OF ALCOHOL BY A MINOR. HB1834 Sullivan TO PROHIBIT DISCRIMINATION OR PREFERENTIAL TREATME…”
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TO PROHIBIT DISCRIMINATION OR PREFERENTIAL TREATMENT BY STATE AND OTHER PUBLIC ENTITIES. | Sullivan | Died on House Calendar at Sine Die Adjournment |
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HB1844
· 2 mentions in chapter, agenda
Matched: “HB1844 Gates CONCERNING WHAT CONSTITUTES CRIMINALLY INJURIOUS COND…”
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CONCERNING WHAT CONSTITUTES CRIMINALLY INJURIOUS CONDUCT UNDER THE ARKANSAS CRIME VICTIMS REPARATIONS ACT. | Gates | Died on House Calendar at Sine Die Adjournment |
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HB1898
· 2 mentions in agenda, chapter
Matched: “…RESIDENCE OF A CHILD IS IN THE BEST INTEREST OF THE CHILD. HB1898 L. Johnson CONCERNING THE OFFENSE OF DISORDERLY CONDUCT; TO…”
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CONCERNING THE OFFENSE OF DISORDERLY CONDUCT; TO CREATE THE OFFENSE OF AGGRAVATED DISORDERLY CONDUCT; AND … | L. Johnson | Died on House Calendar at Sine Die Adjournment |
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HB1919
· 2 mentions in chapter, agenda
Matched: “HB1919 Scott CONCERNING THE USE OF INSTRUMENTS OF RESTRAINT ON IND…”
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CONCERNING THE USE OF INSTRUMENTS OF RESTRAINT ON INDIVIDUALS WHO ARE UNDER EIGHTEEN (18) YEARS … | Scott | Died on House Calendar at Sine Die Adjournment |
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HB1938
· 2 mentions in chapter, agenda
Matched: “HB1938 D. Garner GRANTING A PUBLIC COLLEGE OR UNIVERSITY THE ABILI…”
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GRANTING A PUBLIC COLLEGE OR UNIVERSITY THE ABILITY TO DETERMINE IF POSSESSION OF A CONCEALED … | D. Garner | Died on House Calendar at Sine Die Adjournment |
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HB1939
· 2 mentions in chapter, agenda
Matched: “HB1939 D. Garner TO ESTABLISH UNIVERSAL BACKGROUND CHECKS FOR THE…”
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TO ESTABLISH UNIVERSAL BACKGROUND CHECKS FOR THE PURPOSES OF PURCHASING, RECEIVING, OR TRANSFERRING A FIREARM. | D. Garner | Died on House Calendar at Sine Die Adjournment |
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HB1940
· 2 mentions in chapter, agenda
Matched: “HB1940 D. Garner REQUIRING THE USE OF A RESTRAINT HOLSTER FOR A PE…”
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REQUIRING THE USE OF A RESTRAINT HOLSTER FOR A PERSON WHO CARRIES A HANDGUN. | D. Garner | Died on House Calendar at Sine Die Adjournment |
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HB1962
· 2 mentions in agenda, chapter
Matched: “…1325 Lowery TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD. HB1962 M. Hodges TO REDUCE THE SENTENCE CLASSIFICATIONS FOR CERTAI…”
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TO REDUCE THE SENTENCE CLASSIFICATIONS FOR CERTAIN OFFENSES FROM A FELONY TO A MISDEMEANOR. | M. Hodges | Recommended for study in the Interim by Joint … |
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HB1971
· 2 mentions in agenda, chapter
Matched: “…ATIONS FOR CERTAIN OFFENSES FROM A FELONY TO A MISDEMEANOR. HB1971 Beck CONCERNING DISTRICT COURTS; AND CONCERNING THE DISTRIC…”
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CONCERNING DISTRICT COURTS; AND CONCERNING THE DISTRICT COURTS OF THE THIRTY-FIRST JUDICIAL DISTRICT. | Beck | Died on House Calendar at Sine Die Adjournment |
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SB14
· 2 mentions in chapter, agenda
Matched: “SB14 L.”
|
CONCERNING THE FEE TO ATTEND A VICTIM IMPACT PANEL THAT IS REQUIRED BY LAW OF … | L. Chesterfield | Sine Die adjournment |
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SB267
· 2 mentions in agenda, chapter
Matched: “…E RESOLUTION OF DRIVING OR BOATING WHILE INTOXICATED CASES. SB267 G. TO REPEAL THE REQUIREMENT THAT A PERSON WITH A LICENSE T…”
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TO REPEAL THE REQUIREMENT THAT A PERSON WITH A LICENSE TO CARRY A CONCEALED HANDGUN … | G. Stubblefield | Sine Die adjournment |
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SB313
· 2 mentions in chapter, agenda
Matched: “SB313 Elliott REQUIRING THE PAROLE BOARD TO ISSUE AND RELEASE FIN…”
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REQUIRING THE PAROLE BOARD TO ISSUE AND RELEASE FINDINGS OF FACT WHEN IT DENIES PAROLE … | Elliott | Sine Die adjournment |
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SB579
· 2 mentions in chapter, agenda
Matched: “SB579 A. Clark TO REQUIRE THE DISCLOSURE OF ALL EVIDENCE IN THE P…”
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TO REQUIRE THE DISCLOSURE OF ALL EVIDENCE IN THE POSSESSION OF THE STATE TO A … | A. Clark | Recommended for study in the Interim Committee on … |
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SB580
· 2 mentions in agenda, chapter
Matched: “…OMAIN. HB1972 Blake CONCERNING THE POSSESSION OF MARIJUANA. SB580 A. Clark REQUIRING THAT ALL CUSTODIAL INTERVIEWS AND INTERR…”
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REQUIRING THAT ALL CUSTODIAL INTERVIEWS AND INTERROGATIONS BE RECORDED BY AUDIO AND VISUAL MEDIA, IF … | A. Clark | Recommended for study in the Interim Committee on … |
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HB1279
· 1 mention in agenda
Matched: “…estrictions designating areas as 'Members and Staff Only'. HB1279 Gazaway TO AMEND THE OFFENSE OF SEXUALLY GROOMING A CHILD.…”
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TO AMEND THE OFFENSE OF SEXUALLY GROOMING A CHILD. | Gazaway | Died on House Calendar at Sine Die Adjournment |
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HB1325
· 1 mention in agenda
Matched: “…OF A RESTRAINT HOLSTER FOR A PERSON WHO CARRIES A HANDGUN. HB1325 Lowery TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD. HB19…”
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TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD. | Lowery | Recommended for study in the Interim by Joint … |
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HB1450
· 1 mention in chapter
Matched: “HB1450 Wooten CONCERNING THE ELIGIBILITY TO CARRY A CONCEALED HAND…”
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CONCERNING THE ELIGIBILITY TO CARRY A CONCEALED HANDGUN BY A RETIRED CERTIFIED LAW ENFORCEMENT OFFICER. | Wooten | Died on House Calendar at Sine Die Adjournment |
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HB1694
· 1 mention in agenda
Matched: “…PREFERENTIAL TREATMENT BY STATE AND OTHER PUBLIC ENTITIES. HB1694 Womack TO ELIMINATE GUN-FREE ZONES; AND TO REPEAL LAWS IN C…”
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TO ELIMINATE GUN-FREE ZONES; AND TO REPEAL LAWS IN CONFLICT. | Womack | Died on House Calendar at Sine Die Adjournment |
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HB1756
· 1 mention in agenda
Matched: “…RD DEGREE; AND CONCERNING BATTERY AGAINST A PREGNANT WOMAN. HB1756 Clowney CONCERNING THE WAIVER OF COUNSEL BY MINORS IN CRIMI…”
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CONCERNING THE WAIVER OF COUNSEL BY MINORS IN CRIMINAL COURT. | Clowney | Died on House Calendar at Sine Die Adjournment |
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HB1788
· 1 mention in agenda
Matched: “…NCERNING THE WAIVER OF COUNSEL BY MINORS IN CRIMINAL COURT. HB1788 A. Collins THE BAIL DATA AND TRANSPARENCY ACT. HB1843 Gates…”
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THE BAIL DATA AND TRANSPARENCY ACT. | A. Collins | Died on House Calendar at Sine Die Adjournment |
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HB1828
· 1 mention in chapter
Matched: “HB1828 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT…”
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TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT; AND TO AMEND THE LAW CONCERNING WHETHER OR … | Lowery | Recommended for study in the Interim by Joint … |
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HB1843
· 1 mention in chapter
Matched: “HB1843 Gates CONCERNING A MEMBER OF THE GENERAL ASSEMBLY AND THE S…”
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CONCERNING A MEMBER OF THE GENERAL ASSEMBLY AND THE SCOPE OF WHERE A MEMBER OF … | Gates | Died on House Calendar at Sine Die Adjournment |
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HB1891
· 1 mention in agenda
Matched: “…ON OF "TARGET GROUP" AS IT APPLIES TO COMMUNITY CORRECTION. HB1891 Scott TO ALLOW THE DIVERSION OF CERTAIN JUVENILE OFFENSES.…”
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TO ALLOW THE DIVERSION OF CERTAIN JUVENILE OFFENSES. | Scott | Died on House Calendar at Sine Die Adjournment |
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HB1972
· 1 mention in agenda
Matched: “…NT DOMAIN; AND TO ADD NEW DEFINITIONS UNDER EMINENT DOMAIN. HB1972 Blake CONCERNING THE POSSESSION OF MARIJUANA. SB580 A. Clar…”
|
CONCERNING THE POSSESSION OF MARIJUANA. | Blake | Died on House Calendar at Sine Die Adjournment |
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SB311
· 1 mention in agenda
Matched: “…UNDER EIGHTEEN (18) YEARS OF AGE DURING A COURT APPEARANCE. SB311 A. Clark TO AMEND THE LAW CONCERNING THE DISQUALIFICATION O…”
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TO AMEND THE LAW CONCERNING THE DISQUALIFICATION OF JUDGES. | A. Clark | Recommended for study in the Interim Committee on … |
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SB543
· 1 mention in agenda
Matched: “…TO AMEND THE LAW CONCERNING THE DISQUALIFICATION OF JUDGES. SB543 Irvin TO CLARIFY THE UNIFORM CONTRIBUTION AMONG TORTFEASORS…”
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TO CLARIFY THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT. | Irvin | Sine Die adjournment |
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SB569
· 1 mention in chapter
Matched: “SB569 T. Garner CONCERNING THE OFFENSE OF BATTERY IN THE THIRD DE…”
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CONCERNING THE OFFENSE OF BATTERY IN THE THIRD DEGREE; AND CONCERNING BATTERY AGAINST A PREGNANT … | T. Garner | Recommended for study in the Interim Committee on … |
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Senator Elliott is here to run the bill along with Representative Scott. If you want to go into the table with Senator Elliott, I'll recognize you, Senator, to present
Senate Bill 319. I noticed there are a number of amendments, but they're all Senate amendments which have been adopted in the Senate. So, members, there's nothing for us to adopt other than to take a look at this bill. You're recognized. Thank you. Thank you, Madam Chair
Senator Joyce Elliott
Unverified
0:26
and committee members. I I don't know if I'm starting ahead or behind just from the standpoint you were
not going to meet anymore and you're here just for me so I'm not sure what that means but I appreciate your taking the time to hear the bill this bill just like one that I had before that you probably voted on in the house when it comes to the correctional system this bill is motivated for me purely out of fairness and I tell people all the time when I die and if on my if on my tombstone as I might call it if somebody just says she was fair I'll be happy with that it's not about whether I like it or whether it's something that's
going to get me some accolades but being fair to me is a huge thing and that's what this bill is about for the last two years I chaired the penal charitable and correction subcommittee well before that I was very aware of much of what's happening in our criminal justice system but during that time I just learned even more and to suggest that everybody who has a complaint everybody who calls you is correct that's not always true but it is just undeniable that there are things
we can do better and every time I've had interaction interaction with the correctional system with ADC mainly with the parole board it's always we can't do anything differently this is the way we have to do it and we are I always run up against you know we can we can govern ourselves I appreciate that we can be our own oversight I don't appreciate that as much and this is just one of those things to try to address some of what our constituents
are concerned about. Not the parole board, not ADC, but our constituents. And I know that you'll probably hear a great deal about how this is going to, this is just going to kill us to do it. But all this bill asks of the parole board, if we have eight people or whatever it is, sit down and have a hearing and listen to what I have to say, what the other side has to say, At the end of that, they're going to have finding of fact. They're going to determine if this person is going to be paroled or not paroled.
All this bill asks is the finding that you have already used to deny me or rule me eligible and that I will be paroled. You've already had the finding. All this bill has asked is if I'm denied, share it with me. That's all it is. and yet I am positive you have heard all kind of reasons you can't do that simple thing. It is as if you went to have your car repaired, and at the end of that process,
somebody just walked out and handed you a piece of paper with a number on it and say, oh, you know, Representative Dalby, this cost you $625.16. but all you have is just the cost they didn't itemize anything didn't give you anything would you pay that bill would you be okay with that and so when I was a teacher if I graded somebody's essay and I just put on there well I'm so sorry you know representative you made a D but that's
all I tell the person I don't give any findings whatsoever just here's your D that's not okay that's what I'm talking about here whatever you have already used to determine that I'm not going to be paroled just give it to me because surely you have it and that is the essence of this bill madam chair and I just be pushing to say anything else about it because there's nothing else to be said as far as I'm concerned from this end of the table.
So thank you very much, and I'll take any questions. Members, are there any questions? Representative House, you're recognized for a question. Senator, did you provide this to us or something like that? Oh,
Representative Douglas House
Unverified
4:44
be sure to – someone else did. Yeah, I did not. Have you seen this? No, I have not seen that. I don't know what it is. Senator, we'll get one to you. Okay, this is – okay, so I've got it. I guess it's the same thing. Yes. Okay.
Be sure to get your mic turned on, Representative
Representative Douglas House
Unverified
5:13
Haas. I'm sorry, Madam Chair. Thank you. I was looking at this for the first time I've seen it. Yeah. And it appears to be what you're asking for. why do we what why was in this case Andy shock was the commissioner doing the hearing and he listed a number of things that would justify this individual not
being granted parole and this one dated 19 don't see I guess this was the same one I'm not positive but it just seems to be a comment sheet and fairly abbreviated but this one's fairly detailed why does this not do what you want well it probably does do what
Senator Joyce Elliott
Unverified
6:05
I want but the issue I'm having some people are getting it and some are saying they're not
and so what I want to be sure that is that people get this that's all I'm asking and I've been told by the parole board yeah we give it to everybody and I'm hearing from several of my constituents Some people all over the state, whatever it is, is based on, they don't get it. And so if they're doing it and doing it inconsistently, this is why the bill is here, because I had no idea, I had no reason to think I needed to have this bill in place except for what I'm hearing from constituents out there, because otherwise I wouldn't even know about this.
And so that's why I'm saying if you've already done this, just hand it over. That's why the bill is so simple. Okay. And everybody's not getting
Representative Douglas House
Unverified
6:52
it. Okay, I'll be interested to hear what somebody from ADC has to say. Thanks
so much, Senator. Members, any other questions? I see no other questions. We do have a couple of folks who have signed up to speak
against the bill. Chair will recognize John Feltz to speak against the bill. Mr. Feltz.
How are you? Good morning, John. How are you? I'm doing good. Good. I think I'm already young. Ms. Cummings, if you want to join Mr. Feltz, you'll also be recognized. I want you all to have
Speaker 24
7:43
a moment to sit down. Please state your name, and then you may begin. My name is John Feltz. Again, thank you very much, Chairwoman, for the opportunity to be here this morning and express our concerns as the parole board.
I've been on the parole board for 21 years, been chairman of the parole board for eight years, and I have with me this morning Brooke Cummings, who is the executive administrator for the parole board and also an attorney for the board. I want to address on two different fronts, if I could, And, you know, what I want really everyone to understand is that we also have a great concern that when we deny an inmate parole that they are, in fact, informed, and to make that decision.
I mean, not even arrive at the point of delivery of the document, but we struggle a lot of times with understanding that this is maybe a dad that has kids at home, has a wife at home. So we don't take it lightly. We don't take it lightly about getting the information out to the inmate. And I will go into a little bit more detail, Representative House, maybe to explain your question there that you had.
But if I could, if I could back up for just a second to give a better broad perspective of this, in 1993, the legislature introduced and passed Act 530, which was the greatest, and by greatest, the largest change in the way that we as a state look at crime and punishment. Prior to that date, the parole board could deny any and everybody that came up in front of the parole board.
It could be first time in for theft of property. It could be, of course, murder or rape or something of that nature. But the board had complete discretion to deny any person that appeared in front of the parole board. In 1993, again, the legislature passed legislation that required the board, and actually they even changed our name as a result of it, from the parole board to the post-prison transfer board.
And probably some of you have even seen that name kind of lingering around on different documents. But it separated out discretionary and non-discretionary crimes. Basically, there are crimes that the parole board can deny for. There are crimes that the parole board cannot deny, parole. In addressing the first issue that I have, which is a technical issue, in looking at the Senate bill,
it's actually in a section of the legislation of the code that governs non-discretionary crimes. We can't deny non-discretionary crimes. So in all reality, after looking at this, this would really not address, I think, the senator's concerns, and that is notification of the inmates.
This is in the section, and as it addresses, and it talks about, you know, what the board's authority is. On non-discretionary, we can't say your parole is denied. This legislation, if you read through this, it will tell you that we have only two options, either to let a person go non-discretionary or to give them a course of action. And once they complete that course of action, then they're to be released. Now, one area, and actually it's the one that was represented there
that document and what we call the silver bullet at the parole board basically it's this it's an individual that has shown continued violence on the outside they're incarcerated and while they're incarcerated they continue violence in their disciplinary actions and we we call this it is the detriment to society and you can read it in there we refer to it as silver bullet but we only use this typically about five times a year we don't overuse it again we understand that
it's a special privilege I guess you would say an option for the board when we see a person has been violent you know if it's to their domestic partner or just family members or whoever it is and their crime doesn't meet the level to become a discretionary and they come to prison and they continue in the violence then we can say your parole is denied and that is the document that covers that particular inmate that would
be denied again a non-discretionary you're talking about a lot of drug crimes you're talking about a lot of property crimes the majority of them is as a matter of fact are non-discretionary but in the middle of a lot of those you have other convictions like assault on family or household which doesn't fall under our purview to deny so it's a non-discretionary crime so my first point there again in answering this we feel like that the legislation itself would not address the senator's concerns we think it misses by not
being in the discretionary group of inmates. Um, and then, uh, I want to talk about, uh, the, um, uh, fact that, that parole is a, is a privilege. It's not a right. That's been, um, studied by the United States Supreme Court. Uh, the reasons that we use, uh, to deny parole have also been approved and met the muster of the United States Supreme Court
in giving reasoning for denials. It's not long. Generally, the information we have is like nature and seriousness of the offense, weapon involved, continued criminal conduct, something of that nature. It's short. And, you know, our concern is when we get into a detailed reason for each denial of parole, as the legislation states, then we are talking about making some extreme major changes.
And one reason that that's the case, because of the numbers, and, Brooke, would you
Speaker 21
14:55
like to talk about how many that we see and take action on each month
Representative Douglas House
Unverified
15:07
as a parole board? It is mind-boggling, I'll be honest with you. Thank you. Good morning. Brooke Cummings, Executive Administrator of the Arkansas Parole Board. Regarding actions, total actions, really just looking at the considerations
where the outcome is transferred, supervision, or denied for one or two years. And I would like to go ahead and just point that out. our denial time periods majority of individuals that are denied are for one year and in extreme cases if there's a two-year denial but no more than than two years but for 2018 on average per month 733 individuals were transferred to community supervision and 163 denied one or two
years so total actions considered are 1307 there were a number of deferrals in there 70 deferrals and and those can be for a lot of different reasons but normally if it is deferred and it's not for a course of action that's something that will be taken up and and rescheduled perhaps that individual is out to court there are a number of reasons why a hearing or consideration would be deferred looking at our denials for 2017 on average 135 2016 147 now
again this is per month an average
Speaker 24
16:41
me to touch on regarding the numbers that's pretty much what I wanted to hear to just express to you the kind of numbers that we're looking at there are seven members on the parole board. Uh, we are completely automated in, uh, the, uh, hearings. Oh, I'm sorry. Thank you, sir. Sorry. Okay. Uh, so, uh, we're completely automated. Uh, and our
reasonings are listed. It is a click that says weapon involved, death of victim, police officer was the victim, a minor child involved, something of that nature. It's not an expansive certainly, but it is something that again has passed the muster of the Supreme Court. Many, many other states use the same justifications for denials as we do. And again, I do want you to know that we take it very seriously. Not only getting the information to the inmate, but we also take
it seriously when we make that decision again to deny person parole and knowing full well that there are great ramifications out there for people wives husbands children moms dads um it's a big decision and and there's a lot a lot of cases that we have to review it's not quick. It's not fast. I wish that we could have more time to do what the Senator would like
for us to do. And I don't doubt her concern about it. And I have a concern about it myself. But knowing from my 21 years of experience on the parole board and where we are, again, it's the constitutional muster of the United States Supreme Court in the determination and I will just close by saying this also a lot of people look at the parole board they see Arkansas Department of Correction we are actually because of Act 530 of 1993 we were separated out from the Department of Correction to
make independent decisions and so a lot of people do see us ACC everyone all together but we are separate and in the process we're actually 27 people that work at the parole board 27 well there's 22 units of the Department of Correction and so it's it's not like we have a large group we're not like ADC
when ADC turns out they turn out when ACC turns out they turn out but but again when we make our decision it goes into our electronic offender management information system on the date that the vote is released the institutional release officer gets that vote and generally works with ADC with the inmates there at the unit to sit down I mean you can well imagine they have
trustees people that are going out every day driving a tractor if they're going get a year denial that warden wants to be a part of that they want to know am i sending bobby out today to ride on a tractor and he's going to get a year denial and do i have to worry about him running off so adc plays a part in this acc plays a part in the delivery and the parole board generates this information into uh our system so with that i would close and um and be glad to answer any
questions you might have members are there any questions representative
Representative Douglas House
Unverified
20:46
house you recognize for a question uh there were two things that came to mind during your comments the non-discretionary offenses we're talking about breaking and entering hot check offenses stuff like that I would suppose but you said one of two things is going to happen they're
either going to be released or they're going to be given a course of action to complete before release now having been down there and sat through a couple on our visits a couple of years ago That might be finish the AA program or get your GED, and as soon as you do that, you're out this gate. Yes, sir. That's the kind of thing we're talking about. Is that correct? That is correct. That's right. And in the discretionary decisions, this form says it must be uploaded and provided to the inmate.
Is it, in fact, provided to the inmate? It is provided to the inmate. Is
it provided to the family members? I broke you can answer that if if a family member were to contact us if a member is this document foiable yes you know if someone requested this document we would produce this document to that individual thank you madam chair members
any other questions thank you thank you for coming to the committee
meeting this morning senator Elliott you're recognized to close for your Bill?
Senator Joyce Elliott
Unverified
22:27
Thank you, Madam Chair and committee. This has practically been my experience over these last two years. When I ask a question, I get a very long answer. And it's kind of like when I was teaching school. If I ask a student a question, I have to interrupt them in the middle of it and say,
Now, you've said a lot, but would you please go back and answer the question that I ask? And this bill has nothing to do with the number of inmates. It has nothing to do with asking somebody to go back and do something they haven't already done. Each time I had interaction with anybody, pretty much in either ADC or with DCC or even in this experience, it's always where she has good motives but it's always that we just can't
figure out a way to do what she's asking to do because we are of our own oversight well the problem here is we've sat here and listened to we produce these documents I wouldn't be here if people were getting the documents that they thought they were supposed to get I wouldn't even be here so if the documents are already produced as was responded to a representative all I'm
asking is make sure they get to the people who need to have them and what I have heard for years is that I was denied now somebody no doubt is not telling the truth but not everybody's just making this up and I'm not going out beating bushes to try to find people because lord knows my phone and my emails stay full all the time with these kind of issues and others as well so the other part of it if we're already doing it and this bill may be an overabundance of caution on the part of some of you but if
they're already doing it then we don't have an issue here either get it done and we shouldn't have an issue of putting in the law to make sure it gets done. So I'm, I'm except for people not getting what they need. I'm not sure what the problem is that anybody would be against this bill. And I want you to know that for the first time this morning, I heard about something being in the wrong section of a code, whatever that is. I'm not a lawyer. I work with two attorneys to get
the wording here about finding a fact. That's not even language I use on a regular basis. So I explained to them what I'm trying to do and both of them said, but this is the language you need to use because that's going to mean whatever they used to justify their decision, that's what you want and that is exactly what I'm wanting families and for the inmates to have. I can tell is not happening the way it should happen. That's why the bill is here. And I would appreciate a good vote
so that it's not just about the people who are working at the parole board that has another name, but it's about our constituents as well. That's our responsibility. Oversight is our responsibility. I hope we'll exercise it. So thank you very much, Madam Chair and Committee. Senator Elliott has closed for her bill. What are the wishes
of the committee? I'll move for a do pass. We have a motion to do pass.
Is there any discussion of the motion? Seeing no discussion, all in favor of the motion to do pass, say aye. Aye. All opposed, please say no. No. The no's have it. The bill has failed. Senator Elliott, thank you for coming this early in the morning and being in our committee. Members. Thank you for being here. Thank you, committee. Members, I think this time we truly are adjourned.
Agenda
REGULAR AGENDA
Number Sponsor Subtitle
SB313 Elliott REQUIRING THE PAROLE BOARD TO ISSUE AND RELEASE FINDINGS OF FACT WHEN IT DENIES PAROLE OR TRANSFER TO A PERSON OTHERWISE ELIGIBLE FOR RELEASE ON PAROLE OR TRANSFER FROM THE DEPARTMENT OF CORRECTION.
DEFERRED BILLS
Number Sponsor Subtitle
HB1009 Dotson PROHIBITING CERTAIN SEX OFFENDERS FROM ENTERING UPON A SCHOOL CAMPUS.
HB1307 Dotson PERMITTING A BANK OR BANKING INSTITUTION TO UTILIZE THE SMALL CLAIMS DIVISION OF A DISTRICT COURT.
HB1040 Rushing TO AMEND THE ARKANSAS HOT CHECK LAW.
HB1029 Rye AN ACT TO CREATE THE ARKANSAS HERITAGE PROTECTION ACT.
HB1450 Wooten CONCERNING THE ELIGIBILITY TO CARRY A CONCEALED HANDGUN BY ARE TIRED CERTIFIED LAW ENFORCEMENT OFFICER.
HB1294 Della Rosa RESTORING PROSECUTORIAL DISCRETION IN THE RESOLUTION OF DRIVING OR BOATING WHILE INTOXICATED CASES.
SB267 G.
Stubblefield TO REPEAL THE REQUIREMENT THAT A PERSON WITH A LICENSE TO CARRY A CONCEALED HANDGUN WHO FAILS TO FILE A RENEWAL APPLICATION BEFORE THE EXPIRATION DATE PAYS A LATE FEE.
HB1494 V. Flowers CONCERNING THE IMPOSITION OF THE DEATH PENALTY ON A DEFENDANT WITH A SERIOUS MENTAL ILLNESS.
HB1520 Petty CONCERNING THE LAST MEAL OF AN INMATE SENTENCED TO DEATH.
HB1613 L. Johnson CONCERNING THE OFFENSE OF BATTERY IN THE SECOND DEGREE.
SB14 L.
Chesterfield CONCERNING THE FEE TO ATTEND A VICTIM IMPACT PANEL THAT IS REQUIRED BY LAW OF ANY PERSON CONVICTED OF DRIVING OR BOATING WHILE INTOXICATED, REFUSAL TO SUBMIT TO A CHEMICAL TEST, OR POSSESSION OF ALCOHOL BY A MINOR.
HB1834 Sullivan TO PROHIBIT DISCRIMINATION OR PREFERENTIAL TREATMENT BY STATE AND OTHER PUBLIC ENTITIES.
Notice: Silence your cell phones. Keep your personal conversations to a minimum. Observe restrictions designating areas as 'Members and Staff Only'.
HB1680 Gazaway CONCERNING THE DEFINITION OF "TARGET GROUP" AS IT APPLIES TO COMMUNITY CORRECTION.
HB1635 Petty CONCERNING AN INCREASE IN THE SENTENCING RANGE FOR REPEAT FELONY SEX OFFENDERS; CONCERNING SEX OFFENDER REGISTRATION REQUIREMENTS; AND CONCERNING SEX OFFENSES AND SEX OFFENDERS.
HB1919 Scott CONCERNING THE USE OF INSTRUMENTS OF RESTRAINT ON INDIVIDUALS WHO ARE UNDER EIGHTEEN (18) YEARS OF AGE DURING A COURT APPEARANCE.
SB569 T. Garner CONCERNING THE OFFENSE OF BATTERY IN THE THIRD DEGREE; AND CONCERNING BATTERY AGAINST A PREGNANT WOMAN.
HB1843 Gates CONCERNING A MEMBER OF THE GENERAL ASSEMBLY AND THE SCOPE OF WHERE A MEMBER OF THE GENERAL ASSEMBLY MAY CARRY AND POSSESS A HANDGUN.
HB1844 Gates CONCERNING WHAT CONSTITUTES CRIMINALLY INJURIOUS CONDUCT UNDER THE ARKANSAS CRIME VICTIMS REPARATIONS ACT.
HB1828 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT; AND TO AMEND THE LAW CONCERNING WHETHER OR NOT A CHANGE OF PRINCIPAL PLACE OF RESIDENCE OF A CHILD IS IN THE BEST INTEREST OF THE CHILD.
HB1898 L. Johnson CONCERNING THE OFFENSE OF DISORDERLY CONDUCT; TO CREATE THE OFFENSE OF AGGRAVATED DISORDERLY CONDUCT; AND TO PROVIDE FOR INJUNCTIVE RELIEF.
HB1938 D. Garner GRANTING A PUBLIC COLLEGE OR UNIVERSITY THE ABILITY TO DETERMINE IF POSSESSION OF A CONCEALED HANDGUN ON THE CAMPUS OF THE PUBLIC COLLEGE OR UNIVERSITY BY A PERSON IS PERMITTED; AND TO MAKE ORGANIZATIONAL AND TECHNICAL AMENDMENTS.
HB1939 D. Garner TO ESTABLISH UNIVERSAL BACKGROUND CHECKS FOR THE PURPOSES OF PURCHASING, RECEIVING, OR TRANSFERRING A FIREARM.
HB1940 D. Garner REQUIRING THE USE OF A RESTRAINT HOLSTER FOR A PERSON WHO CARRIES A HANDGUN.
HB1962 M. Hodges TO REDUCE THE SENTENCE CLASSIFICATIONS FOR CERTAIN OFFENSES FROM A FELONY TO A MISDEMEANOR.
HB1971 Beck CONCERNING DISTRICT COURTS; AND CONCERNING THE DISTRICT COURTS OF THE THIRTY-FIRST JUDICIAL DISTRICT.
HB1059 Pilkington CONCERNING THE USE OF PHYSICAL FORCE IN SELF-DEFENSE OR IN THE DEFENSE OF OTHERS.
HB1705 Gazaway TO PROTECT THE PUBLIC CONFIDENCE IN THE INTEGRITY OF JUDICIAL ELECTIONS; AND TO REQUIRE ADDITIONAL REPORTING AND TRANSPARENCY OF INDEPENDENT EXPENDITURE SIN RELATED CAMPAIGNS.
HB1486 Gazaway TO AMEND THE LAW CONCERNING CUSTODY OF A CHILD BORN OUTSIDE OF MARRIAGE.
SB319 B. Ballinger TO AMEND THE LAW CONCERNING EMINENT DOMAIN; AND TO ADD NEW DEFINITIONS UNDER EMINENT DOMAIN.
SB580 A. Clark REQUIRING THAT ALL CUSTODIAL INTERVIEWS AND INTERROGATIONS BE RECORDED BY AUDIO AND VISUAL MEDIA, IF AVAILABLE.
SB579 A. Clark TO REQUIRE THE DISCLOSURE OF ALL EVIDENCE IN THE POSSESSION OF THE STATE TO A CRIMINAL DEFENDANT, WHETHER THE EVIDENCE IS IN CULPATORY, EXCULPATORY, OR NEITHER INCULPATORY NOR EXCULPATORY.
HB1114 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT; TO PROVIDE FACTORS FOR A COURT TO CONSIDER WHEN DETERMINING WHETHER OR NOT A CHANGE OF A CHILD’S PRINCIPAL PLACE OF RESIDENCE IS IN THE CHILD’S BEST INTEREST.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Apr 10, 2019 | Agenda | 3 | Official source ↗ |
Speakers
Representative Carol Dalby Chair
Unverified
Senator Joyce Elliott
Unverified
Representative Douglas House
Unverified
Speaker 24
Speaker 21
Speaker 31