Judiciary Committee- House
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Bills discussed (1)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
SB495
Act 659
· 3 mentions in chapter, agenda, transcript
Matched: “SB495 Gilmore TO CREATE THE PROTECT ARKANSAS ACT; TO AMEND ARKANS…”
|
TO CREATE THE PROTECT ARKANSAS ACT; TO AMEND ARKANSAS LAW CONCERNING SENTENCING AND PAROLE; TO … | Gilmore | Notification that SB495 is now Act 659 |
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Representative Carol Dalby
Unverified
0:00
House Judiciary is now back in session. Chair recognizes Representative Gasway. Representative Gasway, you've indicated to me that you have an amendment to this bill. The amendment's being passed out, so if you'll just give us just a couple of minutes to get the, or a minute to get this passed out, you will be, you are recognized to present your amendment. thank
Representative Jimmy Gazaway
Unverified
0:32
you madam chair colleagues what you'll see in this amendment is very short and very
simple amendment that addresses some of the concerns that we've heard both from members of this committee who have raised these concerns along with conversations of other members of the house who've raised some concerns and so i think these are reasonable amendments to address those concerns one what you'll see with regard to negligent homicide so in the bill as it as it exists now it just says negligent homicide which means all forms of negligent homicide and as we talked about there are varying degrees of negligent homicide there's a class b felony
course of conduct which concerns when someone is intoxicated and causes a death that's a class b felony carries 5 to 20 years that's the type of conduct that should be eligible for 85 or be on the 85 percent list there are other ways to commit negligent homicide which don't involve intoxication and which just involve criminal negligence. I think people have raised this concern, which I think is reasonable and is the purpose of the amendment, to say that if it just involves regular criminal negligence, that's not going to be on the 85% list. So the
first thing you see in the amendment is we clarify that on the 85% list when we refer to negligent homicide, we're only referring to the class B felony course of conduct. The second thing that you see in the amendment is on page 40, which is the definition of negligent homicide. As we've discussed, we are moving negligent homicide from a class A misdemeanor to a class D felony, and that remains. But the course of conduct that will be for the class D felony will be if the negligent homicide was committed by means of a deadly weapon. That will be the felony version
of negligent homicide. Otherwise, negligent homicide will remain a class A misdemeanor as it is. So there is a way that you can commit class D felony negligent homicide, but that will only be if a deadly weapon was used. So you have a B felony version, which is intoxication. You'll have the D felony version, which will be with deadly weapon. And you'll still have the A misdemeanor version, which is existing law, which is criminal negligence. And then page 43, the last portion of the amendment, concerns the theft provision. And I heard concerns expressed from
this committee and its concerns expressed by others that we're talking the way the bill was originally drafted it would mean that upon a second conviction for theft occurring at any point throughout a person's life so long as they were an adult so you could have shoplifted a pack of gum at age 18 and do it again at age 70 and that second offense would technically make you eligible to be charged with a felony there were some that expressed that some concern about that which I think is reasonable, and so what we've said is for purposes of that aggregating the theft
convictions to where it becomes a felony offense, we say the value of the property is $1,000 or less and the person has been previously convicted of a theft offense of any classification within 10 years of the current offense. So the point is we're kind of narrowing the time frame within which you have to get those two offenses in order to be bumped up to a felony. So it's not at any point throughout your life that would make you eligible to be charged with a felony it has to be for conduct that occurs within a 10-year period of time which i think based on the concerns that
i've heard here in this committee and from others i think that's a reasonable amendment and so that's what the amendment does and i'm happy to answer any questions on the amendment chair
Representative Carol Dalby
Unverified
4:12
seeing no questions you recognize closed for your amendment thank you madam
Representative Jimmy Gazaway
Unverified
4:16
chair i'm closed for the amendment would move the committee adopt the amendment members we
Representative Carol Dalby
Unverified
4:20
have a motion to Adopt the amendment on the floor. Any discussion? Seeing no discussion, all in favor, please say aye. Aye. Any opposed, say no. The ayes have it. The amendment has been adopted. You're recognized to present your bill as amended. Thank you, Madam Chair.
Representative Jimmy Gazaway
Unverified
4:34
Committee, I want to thank you for your attention on this bill throughout this process. This is an extremely important bill, one that carries significant consequences for the people of the state of Arkansas and will carry those consequences for years to come. And I think that it deserves to be debated thoroughly, which I think this committee did. You asked several questions, and I, along with the witnesses who are here, attempted to answer all of those questions thoroughly, and I hope that we did that. I think what we've presented to you is a good bill.
I think that it will improve the state of criminal justice in Arkansas and truly hold accountable the people who we are afraid of, the people who commit the most heinous crimes that we recognize in Arkansas law under this bill are truly going to be held accountable. I think it's a comprehensive approach to criminal justice. I think that it's a balanced approach to criminal justice. I think we've included a lot of measures with regard to re-entry, with regard to rehabilitation, with regard to specialty courts and mental health, all found in this bill that makes it a balanced
and comprehensive approach to criminal justice in the state of Arkansas. And I appreciate certainly, And I don't want to fail to mention, again, the support of the governor on this bill. Certainly appreciate her and her staff and their input along the way. The attorney general, who has championed this bill, certainly appreciate his support and his input and his staff's input along the way. The Prosecuting Attorneys Association and all of the other groups who contributed to making this bill what it is,
which I think is a significant improvement in the criminal law in the state of Arkansas. And so with that, I present to you Senate Bill 495 and would ask
for a good vote, and I make a motion to do pass. Making a motion
Representative Carol Dalby
Unverified
6:26
to do pass as amended? As amended, thank you. Members, we have a motion to do
Representative Marcus E. Richmond
Unverified
6:32
pass as amended. Representative Richmond, do you have a comment? Yes, Madam Chair. Again, you know, I'm a hand grenade kind of guy. I'm always thinking as long as you get close, that's good enough. But that's not true when it comes to the law.
And I appreciate the fact that the attention to detail and the discussion that we have had to make this bill, which I considered a good bill from the start, a better bill, something that we can pass out of here and not have to worry about the unforeseen, unknown consequences of what we've done. So thank you for taking the time and doing this. members we
Representative Carol Dalby
Unverified
7:07
have a motion of due pass as amended on the floor all in favor of the motion please say aye any opposed say no the ayes have it congratulations you
have passed your bill we are adjourned thank you madam chair thank you members watch
Agenda
REGULAR AGENDA .
SB495 Gilmore TO CREATE THE PROTECT ARKANSAS ACT; TO AMEND ARKANSAS LAW CONCERNING SENTENCING AND PAROLE; TO AMEND ARKANSAS LAW CONCERNING CERTAIN CRIMINAL OFFENSES; AND TO CREATE THE LEGISLATIVE RECIDIVISM REDUCTION TASK FORCE. +6
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Apr 5, 2023 | Agenda | 1 | Official source ↗ |
Speakers
Representative Carol Dalby
Unverified
Representative Jimmy Gazaway
Unverified
Representative Marcus E. Richmond
Unverified