Judiciary Committee - Senate

In my thirty four years it was a law became aware of about a decade ago that other states around the state of Arkansas have a lawn plays that we deal with people who resist arrest every day unfortunately. Some of those cases the offender will actually try to take the offer and go for the weapon or weapons system there officer carries officer with the entity or the officer to a or a third party in our state right now when we make arrests of somebody attacking officer trying to take away the weapon the only charge we have is a misdemeanor resisting arrest this law would create a felony charge of a criminal to disarm an officer or a corrections officer in cases where they get the officer crew comes C. felony I think this law is very very important of text of our our very hard working men and women who works on policy everyday to protect our citizens and eyes for good okay I would really ask for a good vote means our judgments pretty clear cut law president of. A discussion from any questions from committee. Is anyone there what it's like to speak for against the bill. Seeing none Close Senator a recognized. You have a do pass. We have a do pass it was second Senator Gilmore. Any discussion. All those of favour say aye. All posts. The Bill pass. Senator. The center Gilmore you're recognized to go and run. House Bill fourteen fifty six house bill sixteen sixty three house bill seventeen fifty eight House Bill sixteen seventy eight. Associa. Your quick recognized thank you Mister senator Gilmore senate district one I have miss row with syncing commission at the table as well. In addition so. Good morning everybody Tony Ryall director of the sentencing commission. To recognize Senator Bill thank you members starting with house bill fourteen fifty six this is a bill that as you can see has a lot of support by the names listed there. it creates and adds to the homicide section had a. A subsection called death by delivery of fentanyl as you know we've been battling the federal issue in this state it is been ever increasing dramatically to the point that I actually was in my district speaking to a group of college students and I just thought I'd I'd ask the question of how many have directly have been directly impacted by someone they know that died of fentanyl overdose almost every hand in the room went up in a college class that should tell you what we're battling here so with that this bill and I'm not gonna talk it to death but this bill creates death by delivery you can see there on the second page it lists out the definitions of that but as we go to the the bill basically we have aggravated death by delivering and the offense for that is. Listed there as an unclassified felony twenty years to sixty or life. we also in the bill create a death by delivery in the first degree we also toward the end of the bill Have a fence for trafficking. In addition to that we also have an offense for if you're marketing these products to minors because we should be protecting our children lastly in the bill we decriminalize the phenyl test strips because again if we want people to be safe we want them to have the tools that they need to be able to test whether or not what they're what they're going to partake is is gonna be laced with fentanyl perhaps so with that I again I'm not gonna talk the talk it to death this road here to help walk through the sentencing impact assessment here on the green page but I'm happy to take questions. Armos road if you want to go and go through the sentencing phase of this. Quickly sure it so that protected impact on this cannot be determined just because but not all on all of these situations is not reported separately so there's been very few convictions for the new federal offenses that were created in twenty twenty one however we can call it a minimal just because those are so new and because the penalties for this are pretty severe due to the underlying offense penalties also being pretty lengthy. And I also just want to point out to there are a lot of mitigating factors in this bill as well because we want to make sure that we have smart policy in addition to that as you know the governor wholeheartedly supports this legislation at a press conference on it so again happy to take any questions are any questions from committee. Your questions Senator Rice. Just quickly a look there and I didn't see it is is there any kind of enhanced penalty for when they try to but I will call disguise it we've seen the stuff come across it's covered like candy and the multi user any enhancement on that it yes give me one second here it is on page. Seven. Yes so on page seven there section four Senator to answer your question the predatory marketing what I've that's what I'm looking for yes Sir rainbow colors to me that is that yes Sir and statues the one yeah are you thank you well said Senator. Are any other questions from committee. C. nine is there anyone in the audience would like to speak for or against the bill. You're recognized come to the front. My name is Matthew Collins and I'm concerned citizen. Do you have you sign the sheet yes I have okay thank you. You're recognized a state your name and who you're with and. The recognize speak. So I Matthew Collins and once again I'm concerned citizen I speak my own behalf. Okay. When I was only ten years old my brother died of a fentanyl overdose and so I applied It center Gilmore and others taking aim at the final crisis I understand the battle they're fighting. I draw the line when it misses by a long shot and shoot and take shots at not dealers but Addicks. In twenty three states and federally death by delivery is known by another name drug induced homicide. According to the Utah law review half of those charged with drug induced homicide or co using friends family or romantic partners of the deceased. This bill claims to target dealers but that's simply not the case. My one of my brother suppliers was a fellow addict and friend and he would be given under this up to life in prison. For something that he does not deserve he was making no money off of this and. And he was only supporting his addiction. Furthermore this law is based on fear and will only lead to more deaths. According to a drug policy alliance study across five states with dramatic increases in media coverage of these prosecutions overdoses increased seven to twenty percent in a single year. Now let me explain that this is because despite what the bill says it actually undermines the Joshua Ashley Polly Act one of Arkansas as good Samaritan laws because it instills fear in those who simply convey drugs with out for per for personal use to friends or family. Because of this they will be discouraged from calling the ambulance in the event of an overdose even a little bit of fear can go a long way and it will prevent lifesaving medical procedures. That is what happened to my brother. One of the times that she overdosed his life was saved because one of because his friend who had sold the drugs to him. Called the ambulance under and was protected under the Josh actually poly Act. Sadly that did not happen the second time but I believe that this bill only makes it worse and will make it more likely for people to not call the ambulance. This not only puts addicts in prisons and cemeteries as well is harmful I ask you to please look who's in front of the ballot before you pull the trigger. Thank you are I think we have a questions Senator Rice yes. Thank you for coming testify today let me say if the my condolences on losing your brother I try not to. Overreact I've said this over Senator been down there since two thousand nine we have a problem and we go from one extreme of not doing something sometimes to another extreme. And I try to watch for that. I saw this happen in. thank two sessions ago. I tried to be a voice for pain patients because I've been a pain patient to to have a voice when fit law in illegal drugs from coming into the the border of unknown content and all but we had people that that were banned. From taking legal prescriptions so they could function every day. Before I ever heard of Fenton all. they put me on fentanyl patches back in about two thousand. And got up to a se got up to that if I could just start means bumpy ride up. And working at my business I just go back to lay down on a mat for floor behind my office you get a credit works more. I understand a little bit about it don't know that much about. The illegal stuff. We have two ways lawmakers. What do you do to change the cycle and and I see where you're coming from. But I think we've got a wake some people up. Ins and stop this change. Do you feel. That. Your brother. I was paying attention to the law or was he just did what was socially acceptable I'm I'm I don't mean any disrespect to him but do you feel what you feel we could have done to change him getting to the stage he was a okay so I think to answer questions of issue of if he was paying attention to the law I don't believe he was and that's why even though there's an exemption in this for the Josh actually poly Act that's why. Let my brother wouldn't have noticed that so it would still instill fear in them but back to the part about what we should be doing we should have a healthbased measures we shouldn't just link then the sentences because that hasn't been shown to work I'm not saying we shouldn't be punishing dealers but it's clear that's not what this is going to do what we need to do is put more funding into rehab so people can actually get better and they can help themselves and not to The fifth of all to this disease. And I appreciate that I did go ahead and say I'm not open on anymore hi the one that came out the other side with some servers that also I I'm very much sympathize with you but we we have got to do some strong things and I hope we can change mindsets and again thank you for coming danger yes. Our members any other questions. From committee. Senator anyone else in the audience would like to speak for. for this bill. Mr else. You're choosing. Did you have something else you like there yes I brought exhibits can I present them you brought one The Senate in our sure sure you can handle that. Article here in this office which. So to give more. Thank you Mr mayor thank you members and I want to preach I want to say my appreciations to Mr Collins for coming to speak this is what this process is for and my condolences for the tragic loss of his brother and I just would point out that he very articulate in his discussion of this bill and for that I'm very grateful. Members in closing I just wanna say you know what we're dealing with in this state. You know that a sweet low packet has enough fentanyl to kill five hundred people this is poison. We should we should treat it as such and with that you know to Mr Collins points we do reference the Joshua Paul yeah actually poly Act in this bill because we want to make sure that we're being smart on with our legislation we outlined family exceptions and mitigating factors in this bill because again we understand that. There are a lot of factors when when things like this happen but at the end of the day. We have got to come down on this and stop it we've got to incentivize people not using it and with that members I am closed I would ask for a good vote on this and I make a motion to pass. Mark. We have a motion to pass and I have a second any discussion. All those in favor of the motion say aye All opposed. Our. Thank you member's house twelve fourteen fifty six percent your own House bill sixteen sixty three. I'm gonna recognized to unless a prosecutor sure you to join me at the table. All members you just heard of a very important bill and I think this is a very important companion bill to the one that you just heard this deals with knowingly there's a mental state answer S. standards of knowingly exposing another two phenyl in the first degree and I would ask that this issue with the walk through this bill which if you introduce yourself for the record my name's Dan issue I am the elected prosecuting attorney for Sebastian County twelve judicial district I'm also the chair for the Arkansas prosecuting attorneys association and I'll I'll read as a story that was from the times record in the my district two female employees were found unresponsive not breathing Sebastian County adult detention center detention deputies believed both were overdosing on fentanyl and nor can was administered successfully however both were transported to the hospital statements from other inmates confirm that the inmates had obtained fentanyl when detention deputies returned to the pod area those two deputies were overcome and likewise had to be transported to area hospitals finally a third female inmates suffered a reaction to Sentinel and likewise was transported the hospital yet five people from one incident with the small amount of Sentinel Sentinel as we all know is the the plutonium of the drug world two milligrams of it is considered a lethal dose this bill criminalizes the exposure and protects all citizens but especially protects our first responders our law enforcement officers are EMTs our paramedics firefighters whenever they have to respond to somebody who has maybe have had either overdose or just simply possessing it or is trafficking in it it all of the. This circumstances exposure is defined as a skin contact inhalation ingestion contact with the needle stick or any mucous membrane including without limitation the mouth eyes or the nose again this just extends the protection of persons that if they throw the substance if if is you know they say they don't have any and then the officer gets sent a needle stick this exposure is extremely dangerous to third parties citizens first responders it also covers this law specifically includes correction facility employees are jailers like what happened in Sebastian County I'll be happy to answer any questions. to me you've heard an explanation of the question miss you. C. nine is there anyone in the audience would like to speak for against the bill. Saying none. Thank you more you're recognized close for you thank you thank you Mr thank you members You've heard it is a great explanation certainly as it relates to first responders we should give them the protections they deserve with that I'm close make a motion to pass her committee we have a motion to pass. I have a second any discussion. All those in favor say aye. All opposed. The Bill pass. Senator Gilmore thank you House Bill seventeen fifty eight. I'm going to ask Mr Benson with the pharmacy association to come to the table. Members we all know what or what what's in a pharmacy and we know that because of what's in the pharmacy that we should have penalties in place for someone and and that commercially burglarized as a pharmacy this bill does that it in it puts an enhancement employee so we can help deter that from from taking place and with that I will defer to Mister Benson the pharmacy association. My name is John Benson CEO of the Arkansas pharmacists association thank you Mr all right which version you're recognized plea thank you so house bill seventeen fifty eight like Senator Gilmore said as an enhanced penalty for commercial pharmacy burglaries this would include any pharmacy both community hospital or anywhere where they have controlled substances but it's mainly because of an increase in burglaries in community pharmacies and visiting with state board of pharmacy the other sponsored by representative Gazaway and members of the attorney general's office the research we've had an increase in burglaries of up to sixty pharmacies a year in recent years and from here and for members and law enforcement it hasn't been patients you're addicted here do and the burglaries they're part of organized crime where big rings from nearby states in large cities hire people to do these burglaries today and. Access the drugs and then the and then sell them for profit and so we hope to change that behavior with an enhanced penalty so they won't come in Arkansas and do that. Our most of these burglaries take place at nine yes so there are a handful of actual robberies where I know representive acre for those of you who know represent back on the other side of the of the into the capital he's one of the co sponsors on the bill he actually had an armed robbery but the penalties on armed robbery have up to life in prison this is different this is after not usually when there are not staff in the building and it's it's not as a burglary when there are staff present but there have been situations where there been violence has occurred up in silence springs for example a few years ago where they didn't know the pharmacist was there and about what situation erupted where they thought it was close but it wasn't so we don't want that happening either wanted to change behavior. We do you know what percentage of these individuals that break into the pharmacies all or part of the individuals that actually use the drugs I don't have statistics on that on every single case but in talking to the state board of pharmacy where all these are required to be reported. My understanding and talking state board pharmacy is that it's usually part of organized crime or somebody's been paid by a ringleader and they and it's usually repeat offender where they go to multiple pharmacies and commit the same crime before they're caught so I don't have an answer to the exact percentage but I've been told that is generally what is happening is it is part of crime for dealers are are German any other questions from committee. Is anyone in the audience is signed up to speak for against the bill. Sam Nunn said to give more you're recognized close for the thank you Mr I appreciate a good vote make a motion to pass we have a motion do pass second any discussion. All those in favor say aye opposed Rajoy's your bill passes. House bills sixteen seventy eight. twelve yes thank you Mr members thank you for the indulgence of let me run these bills back to back this bill is very simple anyone who has dealt with the governor's office over many years knows the backlog that occurs from pardon applications complications and things and and things of that nature this bill basically would allow the governor's office to deny with prejudice for the term that they're in office because again what happens quite frequently is a pardon is not approved and then there's just repeat filings for a pardon commutation or whatever it might be so with that this just allows the the current governor to deny with prejudice and that's only binding on that governor has there in office not on any of their successors. Our center I should question. Sorry I didn't I hadn't seen this one before on the. Two nine for the length of their term which could be for our eight years correct so it's it's not a. Determined amount. But if you're it's for the link if they did not decide to do with prejudices for the length of their term for the length of only the one four year term. For the length of time that they are in office. So it could be it could be eight years. But you wouldn't know that unless you know if they were reelected and unspecified amount of time. Well it it is to be four or eight years for eight years yes Sir in the way it is now I forget that there is an amount of time that they have to wait you know what that is. I think it depends on if it's a pardon or commutation but I think there's a two year window right now so once you apply it to two year waiting period but there's a lot of other factors that you have to weigh in that period of time beyond the the end of your sentence there's there's there's other factors in there but generally speaking I think it's a two year from the point of applications so they they if they file you're looking at the year eighteen months or something like that I have a possibility of a partner Perot. Fails they would have another two years before they could wait. Correct this just automatically goes to the to for our six year for a year shall for me to give you for yes so so what what you end up having is the same person who has not been denied or not been approval end up over the course of a let's say eight years with the governor in many cases they'll put in three to four applications and so it back logs and in the argument I would make is that backlog the systems for those who you know might deserve a pardon or might even be considered by the governor to get a pardon but they have to sift through all the others there's not a higher bar than we have now. Pardons to to get to that it doesn't change in the no Sir it does it does not bring it up is I mean I had a guy that I didn't even know he was on a list fifty years ago was riding in the car and on the board shall somebody had a beef with the got out the driver beat somebody at this gallery for bread and backseat in the team by we had a felony fifty years later these outwash donation far sent with the grains And. Federal game warden said the he's a man I got that explanation he said not on the federated right and and and guys never had I would never thought he'd any didn't left hand so we say it is just one of those bills so I'm making sure the process is still there for certain people to go and get them thank you. Part any other questions from committee. You saying anyone in the audience would like to speak for against the bill. Thank you you want to close for your bill thank you Mr yes yes Sir I'm close members thank you I appreciate a good vote make a motion to pass we have a motion to pass with a second any discussion. All those of favour say aye aye aye All opposed regulations which sent you will your bill passes we have senator Wallace up next with house bill sixteen twenty three. Thank you name for the record. The walls you're recognized. Thank you Mr chairman senator Dave Wallace District nineteen. Members we have more more. Criminals fleeing. From our state police in from our law enforcement officers the this puts more bite into of the charge of fleeing currently it's a. Class C. misdemeanor. And we're going to bump that up for this bill about that up to. a Class D.. if the person fleeing is operating the vehicle in excess of the posted speed limit. Will bump it up to a Class C. if the vehicle. Under any circumstances manifest extreme indifference to the value of human life. In such a manner that creates a substantial down danger of death or physical injury to another person. In a Class B. if a serious physical injury to any person occurs as a direct result of this individual filling in with that I stand by for your questions. Part. Committee her next question the bill. Discussion. Any questions. Centrus. You senator Wallace would you agree that what we're seeing this session. In many different facets is because we are seeing a society that is changing is coming more aggressive is becoming less respectful is B. becoming. Less concerned about. Maybe harming their fellow. Citizens yes Sir absolutely thank you. I take that to mean we're saying of society is becoming more lawless yes Sir as well actually our. Any other questions from committee members. Is there anyone in the audience is wish to speak for against the bill. You saying none Senator Wallace you're recognized so what's called for the bill. We have a motion to pass in the second any discussion from committee. Saying none all those in favor say aye All opposed a gradual ascent what's your bill press thank you members thank you Mr chair we have a. Representative Bentley. House Bill sixteen oh three. Senator Patty will be the next. Presented Bentley if you will identify you Sir for the record. You are recognized to speak resident Mary Bentley district seventy four thank you all so much of Senator chairman senator this is a very simple bill back in two thousand five we started the drug task force across the state in this bill was put in place to help some for some funding for drug task force of the current funding our drug task force are struggling pass little bit of one time money for them this year we really as you guys know just the price of fuel is gone so much these guys really need some extra funding we're a little bill here to help them out a tiny bit right now the fee the drug assessment fee that's assessed for drug crimes as a hundred twenty five dollars this bill bump it up to one hundred and fifty about third or fourth on the list so a lot of the fees go ahead of them to the help this will help them a little bit at the very end of the bill you'll see that we're crossing out they had a fifteen hundred dollar cap on equipment and I think we all know that equipment fees are kind of quite a bit since two thousand five I just said to the cap off their this group any money that they spend goes through twenty seven member review board that they're pretty much of a a good overview of any that they're going to spend to stop any excessive spending so just a quick adjustment hopefully get this drug task force a little bit more money to take off the cap on equipment that they currently have that's pretty much it up take any questions we have on this bill are. Committee her naturalization the bill. Any any questions from committee. San Juan the outage which speak for against the bill. Singerman resented Bentley you're recognized close. Because of the you all know how much drugs are coming across the board and these guys have a and the path and twenty twenty two they captured more drugs and they had a three years previously really and help them as much as we can with that I'll make a motion to put a health promotion do pass from you guys agree we need a motion we have a motion that motion do pass I have a second any discussion among committee. All those in favor say aye. The proposed regulation representative Bentley Bill pass thank you senator Patty you're recognized. Thank you Mister senator jim Petty district twenty nine would like to make one note SP five twenty five keeps coming up and I would like to move that to an active on the in this committee he was put S. B. twenty five on inactive on the inactive yes Sir Clark I'm here right now to speak on H. B. sixteen seventy two that basically deals with the law currently allows prosecuting attorney city attorney or any citizen that is a resident of state ever or the county to bring a cause of action for abatement of a property that is a common Newton's nuisance which is basically a property this had three criminal violations pursuant to Arkansas law this bill is real simple all it does is and the Attorney General and to the list of people who can bring this type of civil action this is not criminal this is a civil action and with that I'll be happy to answer any questions. Committee your our next question the bill. Any questions. Anyone in the audience to speak for against the bill. Sam Nunn senator Patty recognized closed. Thank you Mr I am closed I'd appreciate a good vote. We need a. Share with. Recognize the motion we have a do pass. I have a second. The discussion. All those in favor say aye. All opposed. The Bill pass is represented very. Thank you committee Mr. You want to present the next one now you're ready for me to do what is a number was sixteen HB sixteen forty seven sixteen forty seven yeah you're recognized to present house bill sixteen forty seven thank you Mr chair may be sixteen forty seven is closing up loopholes to create the offense of offensive relations with the child and to declare an emergency I'm almost I hate that I have to be here in the current state that we are in in our society but this was brought to us by our my local Van Buren policed to protective J. Baker and sure of January there was a they discovered a gap in our law that they were able to and not they were not able to charge a thirty four year old man who was caught open mouth kissing a thirteen year old child and they had a second similar case and the sheriff's office this bill will play a crucial role in protecting our children and as you all know that's that's been my primary agenda down here is protecting our children with that I am going to stop in to see if there any questions. Our committee Verdon explanation the bill or any questions from committee. Of anyone in the audience who wish to speak for against the bill. Saying now we have a motion from us Senator Tucker do pass. I have a second. I have a second. The discussion from committee. All those of favour say aye. All opposed gradualist Senator paid your bill passes thank you Mr members a committee. Okay Senator Tucker you're recognized president Senate bill three seven seven. Thank you Mr chair This Is Senator hammers bill it was amended in the House largely I think in my request so Asking you all to concur in the amendment just to give you a an explanation of what the amendment does. And subsection two at the bottom of the of the first page of the bill this is this is the bill that that former representative Burris was here presenting with Senator Hammer about the collection of signatures and and the you know destruction of signatures so one is one of the changes was they have to Accept money for the purpose of not obtaining signatures rather than just accept money for something else and then I think arguably someone would've been guilty for criminal liability if they need to collect seventy five thousand signatures and then we collect sixty thousand and then at the end they just discard the signatures they have and so this clarifies that just to say that they have to erase a removed a signatures rather than just discard signatures that they're not going to use and that's pretty much as. This. Lows. House Bill. Thank you Mr chair. That I have house bill sixteen sixty six. This is the last bill on the bar association package under current law you have to be a resident of a state in order to have a judgment collected against you in this is a disadvantage for residents as opposed to non residents and so this is just a tweak to all but if you if you have a judgment entered against you then it applies not only to residents of Arkansas but any judgment debtor whether you are resident Arkansas are not. Any questions from committee. Anyone in the audience who wish to speak for against the bill. Sam Nunn's Senator Tucker you're recognized close thank you Mr I'm closer moved to pass appreciate a good vote are we have a motion to close a do pass. in. The second. I have a second. Any questions from committee. All right all those in favor say aye opposed. Great question the Bill pass. Okay. Anymore the room which is. Okay. By the way we will be meeting after the during recess we're talking about to a recess after Senate. during Senate. You've got another bill. For. So if you know if you know if you know someone who has a bill it will run I would be I would be telling him today because time is running very short. Senator Gilmore you're if you're recognized yourself. I thank you so much for thank you so much Mr Senator Gilmore Senate district one I have with me miss Laurie converse with the prosecutor corner's office. Mr chairman members of the committee employees here is some of the deputy prosecutor coordinator this particular bill is house bill seventeen ninety is part of the prosecuting attorneys of legislative package basically what it does is under current law on domestic battery and fences particularly in the first degree the felony level can be bumped up there's an enhancement built into that statute that if somebody's committed a prior domestic battery within the previous five years I believe you know that that is a new element and can be a higher penalty on the felony level if it's that repeat domestic battery situation basically all this does is add aggravated assault on a family or household member to the felonies that can be added to show that somebody is a repeat domestic batterer an order for us to get the felony level the prosecutors could work concern because a lot of times you see a pattern of behavior in domestic violence situations and aggravated assault includes behavior such as holding a gun on someone without actually committing the battery so the prosecutors is felt like it was important to get this other crime added in there because a lot of times you'll see both to domestic battery or aggravated assault on a family or household member in a pattern of behavior so they wanted to make sure they had that tool available to them. Yeah. My recognized. In my recognized. You're recognized thank you can you. Hey is anybody signed up for this bill. During any one signed up to speak for against this bill. Other than. Okay all right again I'm it looks this one on aggravated assault understand this can be. Somebody holding a firearm not necessary pointing at somebody correct. And I think I think really on the aggravated assault or family or household member they'd actually be having to point a gun at somebody not just on the farm any can include other things that are violent without actually committing a battery that particular offenses already in the law under and different subsection is just not added as part of the repeat behavior that can count down the line and I think what they're trying to do is really make sure that if you have somebody who's showing a pattern of domestic violence over a period of time within that five year window they want to be able to use not only the person's prior battery offenses but any kind aggravated assault that they may have already been convicted of in a totally support that I'm just I'm trying to get my it if this was a first time. And I'm I I deal I'm country I deal with country people we we really do take our privacy of our home. In our our spaces seriously and I know of. Multiple cases this probably could affect of were. Families don't get along with their in the same vicinity of each other and they don't necessarily. Pointed gun at each other or the the homeowner but he's they're gone they they want somebody to know I'm in my own space and. You don't belong here more make sure again was go back to the discretion of prosecutors would be the main thing yes. Actually I don't believe in that situation it would apply at all because it's not going to apply to any kind of first offense like that of an aggravated assault on them it would all only be if they committed a domestic battery and and and and aggravated assault over a period of time repeatedly for five years of it somebody's first offense and they're pointing a gun at somebody just to protect their home or their property or themselves is not going to fly at all in under families it's it's feuded for years or even even if you did the first time of a feud I don't think it's gonna be a lot of that situation this would be a little peace of mind thank okay thank. Are any other questions from committee. Do you want the audience to which speak for against the bill. Seeing none. Senate Gilmore. Thank you Mr thank you members committee I'm close with that I'll make a motion to pass. Are we have a. Motion the past with the second. Any discussion among committee. All those in favor say aye. All opposed. The Bill pass and to get more. Representative Gazaway. If you have a bill. Sixteen. Fifteen fifteen oh two. You will recognize yourself for the records and you're recognized for going present. Thank you Mr chairman lifting up to. Committee this is a bill concerning human trafficking that was part of the attorney general's five legislative package concerning human trafficking. Specifically what we do with this bills we create a new criminal offense called sexual solicitation of a minor. And this specifically concerns offering or agreeing to pay a fee for providing a thing of value to a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who they know to be a minor. this is it again in the human trafficking section of the code where we find similar prostitution type offenses except this one specifically concerns minor so again paying a fee to engaging in sex and then we also in section three criminalize those who would solicit offer or agree to accept a Fabian so who are we talking about here we're talking about the people who post their children online on these you know back page dot com or whatever these these websites are that are out there were people do this kind of stuff SO if you're agreeing to accept a fee soliciting iffy or offering to accept a fee or thing of value to allow another person to engage in sexual activity with a minor that's also criminalized and then we actually not just not just offering or agreeing to pay a fee but in section four you'll see we actually criminalize the paying of a fee or provide anything of value. To a person he or she reasonably should know is a minor or to another person that would be a parent for instance for the purpose of engaging in sexual activity with the person who he or she knows to be a minor and so that's what the bill does it makes that activity a class B. felony which would carry five to twenty years in the Arkansas department of corrections and then importantly in this is along the lines of what Senate representative fight did in the two human trafficking bills that she carried for the AG's office. We increase the fine and the penalty associated with these offenses two five to fifteen thousand dollars and that will be those proceeds that would be paid under this offense. Whether between five or fifteen thousand dollars to be divided equally between two funds you have the safe harbor Fund and then you have another find Let me make sure I've got this right. The two funds are the. Safe harbor Fund for sexually exploited children and the human trafficking victims support fund one of those is minister by DFA one of those is administered by the attorney general's office. that's what the bill does not happy to answer any questions. I guessing that the person who presumes to know is one of these people who are. Putting their children or someone else on the line and we'll be back. Okay yes any other any other questions from committee. Anyone the only if we speak for against the bill. C. ninety you're recognized close for you bill representative Gazaway thank you Mr chairman I'm close for the bill and would appreciate a good vote all right we have a do pass Senator Tucker. We have a second. The second Senator Hester. Any discussion among committee. All in favor say aye. All opposed. Congratulations representatives were you bill passed. Thank you Mr chairman thank you Committee. We have sixteen sixty four. Yes thank you Mr chairman Jimmy Gazaway state representative district thirty one this bill concerns law libraries in the membership. Of those who are or may be appointed to a law library basically this just says that among the current members of a law library board and each county has a law library board and the purpose of the law library board is to provide legal materials to the public who may not have access to legal research people who may be representing themselves or otherwise want access to legal research counties get money to. I have a county law library so again people can have access to these materials this bill simply says in addition to the other members that are already eligible to be appointed that in addition to those members we would include one circuit judge who resides in the county were presides over court in the county in the instance that there's not a judge that resides in the county and one District Court judge he resides in the county or presides over court in the county That a point will be made by the five county judge which is consistent with how these appointments are made. Already Once again in the end the purpose there being you know the judges are I have to deal with these folks who come in the court trying to represent themselves and who need access to the legal research and legal materials and so they all have a say on the board as to what materials are provided and how they're provided at all the bill does happy to answer any questions. What. Gazaway it in their ways to get to this legal research electronically. Through the cloud. Yeah I yes absolutely and thank you for the question it in fact that's what we're going to a lot of. What you'll see in county law libraries now will be a computer with the terminal with access to lexis nexis or west law so that people can get on the computer and do that but the other other other decisions that are made by county law library boards including certain core technology and things of that nature. One of to come in cold dress go in law that you can go ahead and. Research to all your legal research on those sites any other questions from committee. Some question. Thank you Mr chair. Someone just brought to my attention represent Gazaway that judges And it's not infrequent ask money of these County law libraries serve my create a conflict of interest to put them on the board do you know anything about that. I don't know anything about that I I mean I think that they certainly have an interest in. Seeing how this money is spent because they have to preside over court may have to deal with the litigants who come in who to that people who typically are wanting access to to these materials but now you know certainly I think it would be on them if they were asking for money from that law library to recuse themselves just like we have to do in the legislature just like quorum court members have to do from time to time if a conflict of interest is posed hopefully the judges would recognize that and you know on a given the the enhanced can ethical rules that they're held to you would hope that they would recuse themselves that they were the ones making a request for some money. Thank you. For any other questions from committee. Anyone there is we speak for against the bill. Saying none represent Gazaway rate close thank you Mr chairman I'm closer bill and appreciate a good vote. Heart representative Gazaway oppose the bill sure would entertain a motion. I have a motion to pass of the center Gilmore. The second second Senator Tucker any discussion. All those favor say aye. All opposed. All those in favor say aye. Stay up to late last night. The Bill pass is repealed Gazaway thank you Mr chairman thank you Committee. All right any other way of any other bills in the. No the bills we want me back here Ten minutes on a German of the Senate so. I would like to speak with the young man who testified earlier if that's okay if you got a few minutes. Our wager.