Judiciary Committee- House

Everybody knows with a valid effort the House did last night and that the valiant effort of members of the house Judiciary Committee last night we did a great job between representative Richmond who would tackle you on the basketball court if need be. Two. Two. To representative Collins who came through while ago out of our big twelve points that we scored representative Collins scored four of them at. And then we also have a wounded walking one who gave his all last night and as somebody next to me said it's not good to hurt anybody on Judiciary they know lawyers and so we do I do want to record recognized one of ours who was a star who won the half time for us representative Scott wanted in Dodge ball and we or we can claim her as her own. I see representative more down there was our big center. And so we had a lot of fun we do congratulate unfortunately the Senate that we had a great time most of you over there in support and I do want to remind the Senate. That we do have a chance we want to remind you all love hearing Judiciary at that's all right that's okay we're going to kill your bill today. And so with that the first bill we have is a Senate bill so representative ray would you like to come and try to pass the Senate bill. Members if you'll turn to Senate bill two. But seem to seventy one Senate bill two seventy one and just remember that's all right that's okay we can kill your bill today you're recognized. Well after that madam chair I'm not so sure I want to. colleagues this is a very simple bill this is this meets what I would call the definition of a cleanup bill Senate bill two seventy one you'll see on line twenty two and twenty three it strikes the language for the purpose of asking for anything as charity or a gift from our loitering statute the reason that we're coming back doing striking that languages because the eighth circuit struck down this language in a court case a few years ago declaring it unconstitutional so. If we leave it on the books it's going to be unconstitutional and unenforceable and we might as well take it off the books with that be happy to answer any questions. Members are there any questions. Seeing the questions from the committee do we have anyone who signed up to speak for against the bill we have no one who signed up to speak for against the bill representative ray you're recognized to close for your bill I'm close to the bill and appreciate the committee's time this morning. Members represented pray his clothes for the bill we do have I think a reluctant do pass in light of last night but we do have a do pass on the table is there a discussion of the do pass. All in favor to do pass special police say aye any opposed say no congratulations you have pass the bill thank you Committee. Members I see representive hawk in the room members if you'll turn to House Bill. But I've lost my house bill number. Fourteen ninety six fourteen ninety six. If you're trying to fourteen ninety six members represented hot we have an impact statement from the sentencing commission so we need to get that passed out first and then you'll be recognized. All right members you have the sentencing impact statement before you. With that representative Haak you're recognized to present your bill thank you madam chair thank you committee today I bring you house bill fourteen ninety six which is to amend the law concerning the abuse of the athletic contest official members right now in the state of Arkansas our high school for the officials under attack we are we are having a shortage in high school officials whether be Patty Wetherbee abuse but right now the average age of a high school football official is around fifty years old and if we want to continue with our athletic games with the football basketball baseball softball volleyball. We've got to be able to protect our officials and there's been ends the instances in the state of Arkansas within the last year where officials have been attacked on the court or on the football field or on the baseball diamond my fans but players and coaches and so what this bill does right now in a law that says that if you attack a an official for athletic events it from high school athletic event it is a misdemeanor this law would change it to a Class D. felony this was brought to me by officials as well as the Arkansas activities association to help try to recruit officials to the state to be able to to officiate these games and and just try to get more people involved because of the shortage and and and getting them involved with our kids so with that I'll take any questions represent college you're recognized for a question. Thank you madam chair so I guess my my first question would be you're adding two new things here relate at two and three one is pretty similar to what's already on the books the two looks a lot like battery and three looks a lot like assault so are we really doing anything new here we is the main thing you're doing is increasing the penalty of the first one up to assault it we're about to a felony Sir yes worry so we this this law right here on has been passed in surrounding states around us so Tennessee taxes Missouri have all passed this law to protect your Fishel's it's also sweeping the country right now other states around the country also trying to take this law to to help protect official and so yes we are we are upping what is currently on the books that what was added so let's say that in a game somebody takes a coca Cola can and it's a full coca Cola can they throw it at the have officially knocks him out that's now gonna be covered in this because once again we're trying to protect our officials a lot of these guys come in this is a part time job for them that they do it because they love the game or they do offer side money and there's no sense that they should be harassed or abused for part time work for kids And so that yes state your question we are we're adding to but will also just making the law will bit stricter follow up with you're recognized for a follow up but in that example you gave withdrawing of cocaine at somebody's head and means that already is a crime you can't do that they're already protected with the salt and battery and with the specific language that's already in the books that you're striking I mean when you great that that that that these protections are already there for them they are and it is my understanding they're misdemeanors right now and and so with that being said we're we're taking this to a Class D. felony to to put some teeth behind this thing that there was uh there was an incident. About a year ago of a basketball official believe in another triple is here to maybe correct me on this but I believe is in Mountain Home there was a basketball official that a fan came out of the stands and threw a haymaker and and knocked him out and by the law that stands right now he got a misdemeanor and so. At the end of the day I understand what you're saying represent Collins but we've got to do what no matter what it is we've got to protect these guys to be able to get to to it at least get you want to come in and and appreciate these games or you know Friday night lights or basketball games are not going to look the same anymore and for I know that for a lot of people sports may not be the end all but for communities that that's a big thing for if we're not able have football games on Friday nights and where to play him on a Saturday or Sunday because of a shortage shortage of officials I mean this will help recruit some of these people. Represent Crawford you're recognized for a question thank you madam chair. And mine is just clarification I understand if they hit someone them or bringing it to a Class D. felony but is there any other law in their for a parent who chose consent on the court or the field and is in the face of that official. Is there anything against that or is all right now when they actually get to the line yeah I like in the in the bill it's it says with purpose of causing physical contact and so to get in the face no that that is there's not a law on that right now this is mainly just the physical contact with the effective follow up please you're recognized for a follow up is that include pushing it does not now good to to my understanding it does not have to I've talked with a few lawyers that said that it is not it has to be physical I mean I don't consider that physical I guess it could be I don't know I ADD I don't I don't know that I guess I would consider it but I'm not a lawyer either but I I'm we're really looking more at the lines of you know of this store or something that's going to cause bodily injury maybe we need to amend it to say bodily injury on there and I I would be I would be open to amending it to get that point that would suffice to committee but yes not not rent this thank you I would like that thank you. Per se Watson you're recognized for a question thank you madam chair it's a shame we have come to this point in sports something that we go to to enjoy to watch our grand kids or nieces and nephews. The orders and everything that we come to the point represent Hawks it we have to do this I'm totally support of this I'm glad this is happening I have seen the bowling points even it owns a small when they classifications much less for a five a again I'm totally supportive of this the last thing we want to do the the very last thing we want to do is start turning our fans off the grandparents they're not going to be coming they live Johnny the love Cynthia but if if it comes to this they're going to stay away and you talk about the demise of sports and I totally understand about the number officials I know how many officials we have right now served in the legislature there's not metes about less than a handful and I applaud them I have worked innings before my previous life trying to protect the fans not only the officials it was nothing like it is now totally supportive that I hope you represent Watson do you have a question just a little no in support of it thank you I agree thank you. Members remember when the question part representative Richardson you have you're recognized for a question. Thank you manager to keep that thank my question is been answered to a degree but I do want to follow up the. So the is it your understand or is it your opinion that you would lose in officials because of they're scared that they're going to get hurt one hundred percent and I've got a member of the Director of the Arkansas activities association or with me be drug testing questions as well but it between his two fold really I mean but between today and and the abuse of state day there have been a food and there's others officials here in the in the audience that are gonna speak for this bill that they have colleagues that have dropped out of the officiating because they're they're tired of of of abuse from fans from from coaches say and this bill is not just for fans it's it's going to go for anybody that's in the venue player coach fan if you will if you assault a review you take on an official in an. In physical harm this is this is going to affect you. But if you know follow up representing what you're recognized for a question. Thank you madam chair and representative Paul got up I really think this is a step in the right direction and I'm really impressed by the forgiveness that you have for what those rested of the House last night basketball game I really want because you but my question is is comes from page one lines thirty through thirty two and says with the purpose of causing physical contact with an athletic contest official causes physical contact with that with etcetera Is this going to give somebody a minute the Class D. felony for safer on a hot dog worked on one of those Dodge balls that are referred making physical contact in a abusive harassing or offensive manner and that's my only concern yeah and I I think when representative call for this they just a moment ago I I'm open to you know if we can if the if the committee likes the the framework of this I'm open to amending that to to take that out because if we if we are at a point where we don't want we don't want somebody get a Class D. felony for the one hot dog get somebody right I got I think everyone agreed to that you know but we do want somebody to be held accountable if they go up and and where somebody out with a festival or the going pushing down the parking lot or you know in another case the I've seen officials that there in baseball to get the chest protector get thrown up against the car and and and be threatened that way because they didn't call ball or strike constructed out so I mean in those instances yes but to to say you know going hot dog or something along I'm open to amending that to the to where it's it would be covered. Represent Gazaway you're recognized for a question. Thank you madam chair. I want to point out the same language that represented more just touched on. The specifically line thirty two were talks about. physical contact with an athletic contest official that is abusive harassing or offensive. What is contact that's offensive because that's a very broad definition. Senate you know same question what is contact that's considered harassing or abusive I mean these are very vague terms what's offensive to one person might not be offensive to another person I have some concerns about the vagueness of those terms and how it might be used so could you address that. I I. To to answer your question I'll I'll repeat this once again I I think that. You you in this was pointed out to me when I got into the Committee I try to come to every committee member and and show this bill and and it just got brought up to me right when we step in here and so I think on that one I I I would once again be open to to striking that from the bill because it is very vague I think that the intent of it originally was was to say that effect and beneficial. You don't got followed to their car ride and then something and then things transpired I've said I used to be an official I've I've seen it many times when the new people would do would follow out of the gym and call everything of the sun and we get it we get close to be in of very large altercation so with that being said this could be this could be stricken from the from the bill and and not made to words so so broad represent Scott you're recognized for a question. Thank you madam chair so are you willing to put your down and work through your bill down and work through the concerns with some of the committee and bring it back to us something you're willing to do I will does the will of the committee I mean I would love to to see if we can get this out if we're in a grants to be able to get this passed out all all amended on the house floor for at that point if that's if that is the biggest concern for the committee is that one line I would almost be wondered if we if we could do that but I mean the weather will of committee is I'd be willing to put down if that's if that would be what will the committee is asking. Per se because Gazaway you're recognized thank you manager and that. How would obviously it's your bill you can do with it what you want I do think there are some other concerns to think about number one. and you can address these in terms but we have laws that cover causing physical injury to someone else acting with the purpose to cause physical injury causing physical injury we have battery statutes that people could be charged with that they do these things to a referee or umpire anyone in that situation so number one I guess the question would be. Why is this necessary we keep setting out the separate classes of people referees and I understand that you know they're in a they're intense environment but you know we can make we can make statutes for every person under the sun if we want legislators walking to and from the capital someone visiting a subway on a Tuesday afternoon on Broadway I made it we keep going down this road of creating all these carve outs and I think there's some question of whether or not we need to do that when we have laws that already punish battery. so that's I guess another concern that I would like you to address so you and I said this earlier but those laws are currently misdemeanors in Arkansas and and the reason this is being done is because we have a shortage we we have we if it doesn't bother you that we we don't have high school athletics in this building applied to you but there's gonna come a day Ohio's right now is suffering the same thing Tennessee suffering the same thing to where they're taking one day a week that they can try to cram into a lot of a majority of athletics because they don't have officials the reason why we're carving out this one specific group is because we have a shortage we have a hang on just a second representative Haak somebody's trained pilots to thank you okay now you make we we don't you know I understand your sentiment why are we calling out a certain part of society to to do this for S. because we have real issues with trying to get people to be a part of the profession if we don't if we don't do something to protect them we're not going to have them and they will not gonna have a high school athletics and I know that's that's a very drastic measure but over time we've seen a shortage from five years ago to now a drastic shortage officials and it's been said by and you'll hear in testimony here later there are people that are leaving the profession right now because they don't feel protected a misdemeanor is not going to protect them we we've got to be able to say if it happens at and the first example happens they go oh boy they they had some people that playing he got a felony for going and take it out Mr official from from bald knob I mean that that's what we we want that we want to set an example so where the first time it happens. And the the felony is in place and other people but I think a little bit before they go in and strike an official right now misdemeanor is not going to do that. ASA college recognized for a question. Thank you madam chair so you know what with regard to the bill on and potentially making amendments like I would just say we need to be careful and and do what we wanted to do it we typically do in law which is say that it's a serious injury that is a felony not just any old injury that could be a bruise that could be something very very minor and I also want to ask you I mean do you think that we should be using criminal code for economic development and national recruiting I I just am concerned that we're putting the goals of a profession and getting people into you know to do these jobs which I think is important but work we're using criminal code in the service of that and I'm worried and I wonder if you are to that we might be losing side of of the the sober you know role we have that that's really going to make an impact on someone's life forever they catch a felony we need to make sure that it's worth it you know the offenses where the felony would you agree with that I would agree with that and and I would say that once again these guys these got men and women that are out officiating football games basketball whatever it may be this is a side job for them they're they're doing a service to work for kids and for our school systems right now to your point you know economic development right our teachers have protection acts right they they can't be assault in a classroom we we called out at areas so we're our teachers were protected we've got there's other professions that that have protections for those people and and I mean yeah we can go down the road and and name out every profession possible I mean that's the will of committee we could do that but what I'm what I'm worried about right now what this bill is for the men and women that do this as a part time job to a service to our school districts and to our kids. And and they just they want to be protected they would they want to know that there's going to there's gonna be some teeth to the law when that person violates them for making a call in the game it once again it's a game they're they're getting assaulted for a decision in a game. Represent guess what you're recognized for a question thank you madam chair and so to that point. I mean these games are are typically they're intense and fireman's you know if you watch. Sports with any regularity you see in basketball you know coaches that get upset that approach a raft and may put their finger in their face coaches on the baseball team you know disagree with the. I disagree with the a call Pitsch that you know they brush the umpire and get in their face and start point the finger the start point there you know touching on with their finger on there on the chest or whatever I mean is represented Collins noted physical contact or physical injury is a really low bar now serious physical injury is what we typically the standard we use for a felony but physical injury can be bruising red marks things of that nature and this would make physical injury a felony again when you have what has been routinely timing throughout my lifetime of watching sports you know coaches and players sometimes who are you know right involved in the game Sturch might be different if it was a fan. But the coaches and. And players are in the game it's not uncommon for them to come to some type of contact with the RAF and I could see were you know physical injury could result so I guess to representative Collins point. Would you consider making the the requisite threshold for a felony serious physical injury or you are you stuck on possible injury I'm open all like I've said many times in the school I'm open to amending it to it to your point even to saying serious physical injury because once again we don't want we don't want to make it a felony for without a hot dog right we we don't want it was something minor like that wait when the guy is fearful of coming to work because of you know potential abuse that they're gonna take because of serious physical injury yes I'm open to amending it to saying that to to suffice the law because it is we are taking it to a felony I I understand that so yes I would be open to to amending it to say that they're saying how can lighted he being open to amending it and and. You haven't had the opportunity to appear before this committee too many times but this committee typically doesn't let things out that aren't what we think already in proper form so we would you like to withdraw your bill today and work on your amendment and bring it back and you'll have time next Thursday we will have time to hear this if you get it amended in time and you might want to visit with some of the folks who've had some some questions but that may be your best course today but is certainly up to you that yes ma'am but we do we want all testimony for next Thursday as well let's do that so you can then have it in the final form I think might be the best yes ma'am I will I will put the bill down and and work I I really do appreciate each member of this committee for for coming up with some language because I do once again believe that we've got a real issue and we we need to figure it out and I'm open to working with anybody that wants to work on the language to make this right so yes ma'am I like pulled out members are there any objections to represent hot pulling is bill down seeing the objection will allow that I will put it back on the agenda for next service that gives you a week I think should be plenty of time if you work on your amendments and Gettleman grossed if not we can do the following Tuesday but I will work with you to get it back on there thank you madam chair committee thank you for your time. Represent Cozart you're recognized members we're going to turn to House Bill fourteen sixty seven percent Cozart you're recognized come the in the table the defy yourself and present your bill. Thank you madam chairman chair. I have read whatever whatever. I just I just get too used to say it chairman we do have a lot of great chair women. Thanks we appreciate that. I've been called a lot worse than me. Yeah believe me I have two of. Represent Bruce Cozart district ninety one plays gentleman here to talk about a bill of the last Allow members to sessions are least one session not served as the chair person for the House claims review committee and they'll see. We heard a lot of things to that committee of phone claims review for the state. A lot of things come to us after they they all come to us after they've already been to the claims committee or claims. Commission and once the commission either denies or decides to give them a claim they come before us a lot of times to get those art if they don't like the result of their claim and they're denied they have a process to come before us the problem we've had so this bill is a act to amend that appeal decision and put a time frame on it. A book pretty will have a time frame but it was very lenient on that time frame and so we were having a lot of that were really just be relaxing and and getting their very late not making their time frame but still wanted to be and so we're going to set the parameters what we're looking at doing and so within forty days after the Arkansas state claims commission transmitted file a claim action before the commission a party to the claim or action may file with the commission a notice of appeal of the final order the General Assembly or a motion requesting the commission reconsider its final order and basically what this does is such that forty days and they have within if they're denied the Department followed a commission a notice of appeal to the claims General Assembly within twenty days of the Commission transmitting the order denying the motion for reconsideration so there's a two time frame period there forty days in twenty days that's what we're asking for this is been a really big thing for any of you that is served on that committee you've noticed that we have a lot of. Different type of clay for anywhere from a a car hit a pothole and not going there are making a tire go flat been in the room all the way to our prisoners in the The tension of filing different things for things that go wrong with them and so this is pretty even for everybody across the state and we will be glad to take any questions members are there any questions. Seeing the questions we have no one signed up to speak for against the bill represent Cozart you're recognized to close for your bill what I would love to close this bill it is is a great bill Senator Hester not have both been chairs of less investors the Senate sponsor for this and we noticed this last time that this was a real problem and would like to clean this up so I appreciate a good vote. Members represent Cozart is closer of his bill I have a motion to do pass is there any discussion on the motion to do pass. Seeing no discussion all in favor please say aye All opposed please say no the ayes have it congratulations you've passed your bill thank you measure in committee. Members if you're trying to house bill eleven forty one representative Lundstrum you're recognized come of the in the table and present your bill. Thank you representative Dalby may I ask for a witness to come up with me yes. Mr. People by yourself and if you're witness will identify herself then you may begin represent Lundstrum yes ma'am Robin Lundstrum district eighteen. I'm too short I'm the author of your consent to keep conquering sexual assault and I'm the chief executive officer of the consent awareness network. Okay representation you're recognized. Thank you and senator bring this bill to you today just as a little background as a newly minted graduate student I worked in emergency rooms and three different hospitals with rape victims at left a long term impact on what victims go through in the process of going from victim to survivor today I'd like to give you just an example of what's going on with rape in this country in this room today I would like to ask if you are right victim or the family member of a rape victim if you would please that we don't do that sorry I'm sorry all right forgive me I will go for then first of all in this country today one in five women and one in fourteen men will experience rape in this committee we have five women and we have fourteen men so it's a common and serious problem. Colleagues this is something we simply cannot. Consent to and that is the reason why asking for the concert for consent to be defined in this bill. Arkansas to drive this point home my beloved state of Arkansas we only thirty third in population we are number two for the number of rapes in this country Alaska beats us and this is not a statistic where we want to be and that's just as that is per one hundred thousand we are in forcible rapes number two in the country we need to ask ourselves what is wrong and how can we fix this. And where can we improve where and how can we improve. And this is not a reflection on law enforcement is not a reflection on prosecutors I think it's a reflection on us as society and we need to look back and what can we do to improve and where do we start and one of those areas is defining consent in the law I want to repeat this is not a reflection on prosecutors online Forsman they only work within the parameters that we set as legislators. And that's something that is time for our loss to involve. I've asked me short to come today because I think it's important that you hear from folks that on the front line. And with that I'll turn it over to Mr hang on just a moment members at this point do we have any questions. All right miss short you're recognized. Thank you madam chair and thank you all the members of the church is Judiciary Committee and I like to thank also representative Lundstrum for her arduous work on this on this bill and thank all of the people who are here today to provide testimony on this issue. I'm often asked by legislators why now. Why do we need to make the changes in rape and sexual assault laws so I'd like to point out why changes urgent and why defining consent is an important change that will make a difference. Within the next hour statistics show that fifty three people will be sexually assaulted and nine of those victims will be children. Last year Arkansas had the had a good rate arrest rate for murder it was about sixty percent but for sex crimes including forcible rape forcible sodomy sexual assault with an object forcible fondling and incest the arrest rate averaged twelve percent. That tells us eighty eight percent of sex crime victims who are brave enough to step forward and seek justice did not receive the justice they sought under the current penal laws of Arkansas. If the sex crime happen to your child with twelve percent be good enough for you. Prosecutors and police can only do what Arkansas's laws allow. A great jurist one said we change nothing until we change our laws. The public. Needs legislators to give the police and prosecutors the ammunition they need to create the greatest protections possible for the worst possible crime that the living person can face. Society needs to know what constitutes that crime. The legislators of Arkansas are working hard to address solutions for problems faced by single parenthood a tough stance on the crimes that often create single parenthood. Is an important step. Like all criminals sexual predators will be less apt to commit crimes when they know they'll be held accountable so I'd like to take a minute to address how the concept of consent. can aid police prosecutors judges juries and the public. The now and consent is defined in Nuremberg code data protection regulation in Catholic canon law. And explained in model penal code and I have here the some text that will show you exactly what the rating is in all of these codes that are generally use including in the state of Arkansas. the terms consistently that are used are freely given knowledgeable and informed agreement by a person with the capacity to reason. You know as parents but we conveyed this concept to our children when we say don't hit your rat don't hit or scare your sister to get what you want. Don't trick you little brother to get what you want don't sign your don't sign my name to your report card. And don't sneak into your sister's room to borrow her favorite sweater while she's while she's asleep. what we're teaching them is you need consent and you don't have consent when you use force fear fraud or exploit someone's in capacity for your personal game. When you do they may be a ascending and descending means agreeing on the basis of it. They may be acquiescing and acquiescing means agreeing under duress but they are not consenting they are not freely giving knowledgeable and informed agreement. A common mistake that laws often make is that they confuse the noun consent with the verb to consent to consent means to convey consented to another. But the noun consent must be present in order for consent to be conveyed. When crimes depend on the presence of consent juries need to know what that actually means the Fourteenth Amendment to the United States grant's assault equal protection under the law when the definition changes from jury to jury the very nature of the crime changes. The Arkansas definition must be clear and consistent in each and every jury deliberation. Defining consent makes the prosecutor's job easier. The crime is determined by how the accused secured compliance was it through malicious influence or was it not the victim blaming smokescreens the defense counsel's currently use will no longer be admissible in a court of law when model jury instructions or based on the actual definition of consent. Some laws around the country you say yes means yes or no means no concept of consent. Neither of these concepts works because when the accused uses force fear for fraud we're exploits the victims in capacity no matter what they said or did in that moment is not consent some victims become too terrorized. Raid to be able to say no and are we going to punish them because they suffered such tremendous terrorists ation in this crime the offender always knows whether the victim consented because the offender always knows whether or not the used malicious influence. When the children are parents enforce abound RES as adults we need are laws to do so. Consent is a human right. And we needed to become a a civil right backed by law. I'd like to leave you with up with one more statistic that I believe shows why passing consent is so vital in Arkansas. Do you know that thirty percent thirty three percent of sexual assault victims are plagued with suicidal thoughts. And thirteen percent will actually attempt suicide I'm sorry breaking up here. The justice system with a better tool to protect the public will save lives. Throughout the ages civilization and our laws have evolved. Every evolution was met with discourse and disbelief and this is no less than that it's a it's a change and people argue against change. We all like to live in our comfort zones but moral imperatives inspire change and right now we have a moral imperative to provide greater protection against sexual assault and rape in our communities defining consent is vital in order to address this problem and I thank you so much for your kind attention today. Members to any questions from the committee. Represent guess what you're recognized. Thank you madam chair I do have some concern with the language of this bill and I guess ultimately. The way it goes about accomplishing what you set out. Currently under Arkansas law we. analyze these cases on the question of whether or not there was forcible compulsion. one of the things that you're you've got a representative is that this bill defines consent. But this bill also redefines forcible compulsion the way that I read it is that correct. I believe that it clarifies forcible compulsion. Okay so. And I guess the bigger point it kind of comes down to this. At the end I've tried numerous rape cases to juries over the years six years secure convictions for. children who were raped sexually assaulted numerous times so I'm very familiar with how this process works. I guess one of my concerns is that you know and having done it The more definitions you introduce the more words you give a defense attorney to play with. The more opportunity they have to pick it apart and argue to a jury that the prosecutor didn't meet this definition they they'll pick one word out of out of the definition that we've given to consent the Pictland another word out of the definition that we given to forcible compulsion and they'll use that to try to convince the jury that for one reason or another that the prosecution really hasn't met its burden and so my concern is that we actually do more harm by further defining these terms then we would without the definition. Hi it can you give some there any insight on that. I sincerely appreciate your question representative Gazaway you know consent is absolutely the most integral piece. A sexual assault and rape but there is not all sexual of all sexual assault in already is non consensual sexual conduct. It is absolutely germane in determining whether or not a rape or sexual assault takes place so I can understand how they may be they maybe terms that are less important or less of concern however the concept of consent is absolutely germane in determining whether or not a person has been violated and keep in mind when you mention forcible compulsion one of the problems that we see in the law in Arkansas is that its focus entirely on forcible compulsion it's it's on on violence but people are Our sexual assault in many different ways there is just no end its infinite amount of ways that a person can commit a crime you wouldn't say that if a person if somebody still something from you by it by hammering you over the head with a two by four that's a forcible compulsion and that's the only type of forcible compulsion that it doesn't work that way if somebody that tricks you or if somebody questions you it's a crime if you're if you're dealing with theft and it should be a crime when someone penetrates your reproductive organs and undermines your self determination over your reproductive organs by doing something other than simply for support violence in many many ways that a person can be the can can have the self determination undermined and that in itself is non consent that non consensual sexual act. And guess what you're recognized for a follow thank you madam chair and I don't disagree with anything you just said thank you and I disagree with the word of it the question is is whether or not this bill actually improves things or makes them worse. It's not that I disagree or I probably that anyone on this committee disagrees with the thing you just said. The question is whether this makes it better or worse and. And I'm having a hard time seeing how further defining it. Is going to make it better and west and maybe you've got some data but can you are you aware of prosecutors who are losing cases in Arkansas because we don't have a definition of consent or because we need to change our definition of forcible compulsion I never had a tough time personally I understand and I think that it's wonderful that the prosecutors to have a good record in terms of actually getting convictions on the cases that they try the problem is that they can't try enough cases you had over the state of Arkansas had over thirteen thousand cases last year the only arrested in less than four hundred cases there is something very very wrong with how you how the system itself is viewing or whether or not a sexual. A sexual assault took place is because twelve percent. Is the amount of arrests I don't have the statistic and I would ask the prosecutors but what what is the amount to prosecutions you actually got out of the thirteen thousand people that came forward and if those statistics no less than the statistic for rape by the sixteenth I'm sorry per murder which is sixty percent then the prosecutors need help and your present system is not working. One more follow up Medicare you're recognized for a little follow up then I have someone else queue okay thank you and so I appreciate your point but it but honestly I think that what you've done is you've created a false equivalency I think I think your argument that the fact that there are so many rape cases that may be ultimately don't lead to an arrest somehow pairs with the fact that we don't have this definition of consent or that we need to redefine forcible compulsion that that's a false equivalency these are two things that it is that are not properly the joint the arguments don't they're not they don't join it's the reason and you I'd like to hear your comments on this but the reason that. So many rape cases are ultimately prosecuted or because in my experience victims change their story they're pressured by people by their appearance by loved ones by people on the outside to not pursue the prosecution there's some evidentiary issue that makes the case incredibly hard approved if not impossible there's a number of reasons why rape cases don't go forward but it's not because we lack of definition of consent over that we need to redefine forcible compulsion so it can you can you link those up for me because I'm not seeing the link right now okay so. Ninety percent of the language in your sexual assault laws. Is about forcible compulsion. And and. That's practically entirely what you're basing these these cases on so. You need to change the narrative here you need to be able to understand but a non consensual sexual act. Is an infringement on that person's free on on that person's humanity and change the concept by which you're prosecuting and right now you're restricting it to simply forcible compulsion and and so you're picking and choosing cases that you're going to try based on whether they meet your forcible compulsion concept and by doing that yes you're going to have a good rest of record because you know in many states you have a grand jury system and I understand here in Arkansas the prosecutor basically has the responsibility that would normally be up to the grand jury so they have complete control and and I'm not telling you that that's a bad thing or a good thing I'm just saying that they do have complete discretion and that discretion is always based on forcible compulsion and forcible compulsion in Arkansas is a bit you use force or that you've written for this or that you threaten to kidnapping with it or that you're using kidnapping when in fact there was so many ways that a person's that a person's sexual maternity can be violated and and that's a problem that we have to address and the reality is if you're going to have the prosecutors limit. You are prosecutions to a very narrow concept they're going to succeed in that concept but there are thousands of people out there that are being sexually violated person guess what you're recognized thank you manager and I don't have another question I just wanna say I appreciate your response I appreciate what you're trying to do here I do have some concerns but thank you for for a being here today and for your for your testimony at I do have great appreciation for thank you. Recognized for a question. Thank you madam chair and and thank you for being here I want to make sure I understand something that this bill would be doing so under current law a person commits rape if they engage in sexual intercourse with someone who's incapable of consent because they're mentally incapacitated okay it's one in middle incapacitated in current law means that they are temporarily incapable of appreciating or controlling the person's conduct as a result of the influence of controlled one talks occasion substance into conditions one is administered to them without their consent or to it renders them unaware sexual activity current so basically either they are drug by someone or they are oblivious you guys would be taking those two pieces out the drug in the book yes so in my correctly reading this that it would be rate by definition if someone had intercourse with someone who was. Just intoxicated basically they that they are incapable of appreciating or controlling their conduct as a result of the influence of a controlled enticing sections they don't have to have been drug they don't have to be oblivious this right. You law states that that the person must administer that drugs that alcohol without the consent of the individual what makes it a crime is what what makes sexual assault a crime when a person is intoxicated is that there's simply not capable of consenting they don't have the reasoning ability to consent. And it really doesn't matter whether they were They were given that intoxicating drug that toxic hating alcohol or the drug unknowingly if that person is not capable of reasoning they are not capable of consenting and so why are you using those terms we're simply striking the term that it not be because the person administered the drug I to give you an example but Turner you probably are familiar with that case in California we are the swimmer from the from Stanford University VPN lady behind a dumpster and that was it yeah and his father called it to twenty minutes of action shall remember that case somebody might can you just get to the answer yes. Limited time frame so okay I'm sorry so the answer is it's important that the condition of the individual and not whether or not the actor because that condition if the actor would know should know should have known that that person was intoxicated or on drugs then that person should know that that individual is not capable of consenting quick follow up you're recognized for a follow up just to put a fine point on it under your bill if this passes it would be rape if someone had sexual intercourse with someone who is incapable of controlling their conduct as a result of being under the influence. It would have to be a sexual assault. Rape if it was I think we would not change it would still be of violence or No. It was a sexual assault rape is incapable of consent because of mental and could and mental incapacity but not only incapacitated would mean that that person would be not capable of reason how do you how do you you allow someone to be sexually violated if they're not capable of reason. But not and that this not incapable of reason and statute but I appreciate it clammy you're recognized for a question thank you madam chair. My question is just pretty straightforward I'm looking at at at the bottom of page. One redefined forcible compulsion could you just explain a little bit what the intent of the phrase bodily impact is meant to cover. Finally impact would simply means that the person has been violated by force that it's a touching of a human body. Impact on the human body you're recognized is that a phrase badly impacted that a phrase that to your knowledge exist anywhere else in Arkansas Code I've just never seen it before so I'm curious it actually was a phrase that was given to us I believe through someone at the attorney general's office thank you. Members any other questions represent guess what you're recognized for a question thank you madam chair I don't know. I pose this question once and I'm not sure that they can answer it so it may be that we would need someone from if there's any prosecutors here someone from the prosecuting attorney's association but. Are you aware of cases that are being lost in the State of Arkansas that in other words that prosecutors can't win their cases are Ark winning their cases. Because we don't have this bill yes. Okay you. I want to be clear this is not about prosecutors and I don't want to make it about the prosecutors this is about defining consent so that juries in the future. We are all moving forward on the definition of consent it's about expanding their ability to prosecute and expanding the making it clear on what consent yes we're trying to find them for future cases it's not about pointing a finger at prosecution they're doing the best that they can do with the with the abilities that they have so it's not pointing a finger at prosecutors Mr McMahon I see you in the audience someone from the prosecutor's association try to come to the table trespass represent Gazaway these questions. He's bigger than you Mr McMahon so made right on over there. But if you would both of you please identify yourself for the record out allow represent Gazaway then to repeat his question and then you can proceed Bob McMahon prosecutor coordinator representing the prosecuting attorney's association agenda con staff attorney with the prosecutor coordinator's office. Represent Gazaway would you like to repeat your question thank you manager yes I guess my question is. are you aware of cases that have that are being lost in the state of Arkansas prosecutions of rape or. other types of sexual offenses that. because we are we lack these definitions I am not represent Gazaway I'm not. The any other questions representative Scott you're recognized for a question thank you madam chairman chair woman I'm sorry quick question I just wanted to know if the prosecutors were in support of this bill or if you. And then I have another another. I ask you to permission and if you thought this language would be limiting and the overall goal of expanding the prosecution the ability to prosecute cases thank thank representative the prosecutors association is neutral on this bill I will be waiting a little bit on what I mean by that when we surveyed the prosecuting attorneys based on a piece of legislation it is an opinion given on the actual piece of legislation so the the neutrality would be there were parts of the bill that some supported parts of the amendment or change it some didn't support so because of that weighing all those results we come to the position of being neutral against some support parts of this some support other parts as far as thinking whether this is necessary or not I mean again as as I answered represent gas which question you know I'm I'm not getting prosecutors calling me asking in telling me their case they're losing because we do not have this definition so that's I hope would answer part of that question in terms of whether this is is necessary or not again I'm not sure that it is but I would agree with what representative Gazaway said earlier in terms of I feel that there's an opportunity by having this definition that it could limit you know situation so I think everything he said I would agree with earlier but as far as an official position on the bill of course we're we're neutral. I hope that it helps representative would I'm sorry under you're recognized thank you madam chair. Trying to choose my words. Hi there is a case then home school schools either a year or year and a half ago I'm not sure. Some teenage boys were sexually assaulted in the gym without penetration. One of the reasons the prosecutor didn't bring charges was he said there was nothing in the statute to cover what happened to them and when I read this I remember thinking if they had had that. Of those boys could have got justice. Your comments please but I do remember a little bit about the case I don't remember enough for the specifics I I can't argue with what you're saying or not that may may very well be true I'd be happy to find out by talking to the prosecuting attorney if I knew the facts of that case little bit better I might be able to then apply the definition and answer your questions not but I'll be happy to try to get that information for you up jim the dean of the okay this subchapter ginger calms and she the secretary of expertise but again she probably same situation I mean without knowing the facts I I could specifically answer that question but I'll be happy to get back to you on that if if that helps. The representative Rep recognized for a follow up. Thank you manager. I guess the way I see it. This is not limiting but it actually widens the net to go after offenders. Who are slipping through otherwise. in my background I spent. Most my wife in the military. In sexual assault is just a huge problem with us. In one of the things if if you know the female marine walked in the mail bear X. we'll just by her passing through that door that's implied consent and it's tragic but I've heard those things said. And so I'm not an attorney but it just seems to me that this would offer more protections and I. Don't really see the limitations and it. Is there a question. I guess not would you agree. Richey had ten you're recognized for a question it. Thank you madam chair and this may be what procedural for you and I I hate to do it but when we heard representative pox bill earlier today that was going to make a change that would impact how we look at and it the current law verses that proposed change with regard to the small subsect of athletic contest officials we receive an impact assessment and I wondered if we received anything similar for that since we're talking about something that we're asking the prosecutors to weigh in on in a way that may not be as feasible to do through this format as it would have been if we had something to assess and read. Because we do not have an impact statement today I see you have you prepared a. Ninety eight representive had some are you requesting for impact statement for the concerning the sentencing commission I am I I think that it's it's important for this committee to have that so that we can review it given the big changes in some of the current concerns expressed by the committee thus far along with that are you also requesting a fiscal impact statement or do you want limited to a commissioner Commission impact statement I'll probably need a fiscal impact I was thinking more about that sentencing act or that sentencing commission to do one but I'd hate to have to go back again after we do this let's do both please. We have a request for impact statements that will keep us from voting today I know you've got people who have flown in if you would like to do that we can take it represent lessons well aware that we are on a time schedule but if we can take you know twenty minutes or so yes my when I would appreciate that just for a point of clarity we have a we have put this through the prosecutors twice now and put their request into the bill so that they would be fully involved in this and also to the attorney general's office so that they would be fully involved in this this is not something we went counseling on we actually included them in this and this is with their. But not blessing but with their involvement so it's not something that's just been surprised on anybody so I want to be very clear on that and no changes were applied we do have we do have someone is signed up to speak against this bill the president of residence so I'm. All twisted up that's the last thing we want him to be as a representative. Mr residence where you're recognized to speak against the bill. Why are all right the Arkansas association of criminal defense lawyers the As was pointed out by several members in addition to purporting to redefine Sam it also redefines forcible compulsion can ever come to work here and it is and it does it in a way that is both unconstitutional and bad policy first on the unconstitutional is void for vagueness instead of having instead of having threats or actual physical of physical force it adds language any other behavior that results in a sexual act against the will of the person upon whom this sexual act is committed this does not put anyone on notice what conduct is prohibited everyone knows if not to make a threat or not to a tie someone down or hold them hostage for that type of thing but any other behavior that is that is classic Boyd miss for vagueness because it simply doesn't put someone on notice what conduct is not permissible secondly it allows some sort of idiosyncratic belief by the accuser or statement by the accuser that that this was why he or she Later that didn't defined defined Involvement in the sexual activity although is not defined at the time okay for instance well I had sex because he said we were going to get married and then he didn't marry me in and they go back and try to redefine that is is the quote result that is bad policy obviously another or in representative planning mention this any minor league impact will impact I mean that's impact right there just you know fourteen your finger in someone's impact all of a sudden that's forcible compulsion and that and that is enough in and of itself the he he flicked you know of with his finger on my elbow. The way this reads that would be sufficient forcible compulsion obviously that's not what what you're intending to get to I also want to point out that consent is not an affirmative defense it is a defense of the the state under our law has to prove forcible compulsion and the defense is something if you just raise a reasonable doubt that that is sufficient under under the Arkansas law the problem is is this this creates a consent level that is so high that is going to catch a lot of people that you didn't mean I didn't mean to consent of knowledgeable and informed agreement you know that's a you know that's a you know a substantial a substantial amount. Level of things that deal with a number of just sort of social interactions but the as I but the biggest problem is of the. In that the definition of any of their behavior that by definition has to be something other than force or threats is just way too broad does not put anyone on notice as to what conduct is prohibited. Members any questions. Represent guess what you're recognized for a question okay I. You made a point about the definition of consent toward the end and I miss that. Right to take your argument. And could you restate that last point well well consent for first first the the question at. Consent is a defense the R. Arkansas law makes draws a different suite of an affirmative defense that a defendant has to prove. something insanity criminal responsibility if you know at the at the time entrapment bad type right and the and a defense which is the defendant just has to raise a reasonable doubt justification self defense is a defense it's not an affirmative defense you have the burden of going forward but you don't have the burden of proof this is going to cause a lot of confusion by and I think it's bad policy by talking by talking about knowledgeable sequence for sure They are knowledgeable and informed and informed agreement that is going to be is is I say it's going to be very confusing to a lot of jurors under the circumstances and creates a creates a burden I don't think you want want to create. Members any other questions. Seeing no questions thank you Mr president saying we have speak for the bill Christine Munson this mountain you're recognized if you'd like to come to the end of the table. Good morning thank you chairman Dalby and committee for hearing I center considering and. Working on this bill thank you That you have worked so hard on this. As a victim of sexual assault and rape I implore you to pass this bill freely knowledgeable. Freely given knowledgeable informed agreement. In my eight fifteen year marriage. Sexual assault and rape was a part of it. But then the last several years of it I was chase night after night. Being told that I would lose all my finances. My filing case. My children. My housing. Everything that I knew and my livelihood. If I did not gratify the sexual needs my husband. My children would be locked in their room. Screening. And forcing me to have sex with him. Me knowing that I did not I would that there would be more abuse that would happen. I would hear them down the hall screaming. Knowing that I would have to given. Consent was not given. Consent was not given when I was told I would lose my housing my livelihood. My husband was a position there is a lot to lose there's a lot to lose for any victim. I did lose. I lost my children fifty percent in the custody or agreement. Before our divorce he went to the children's they do not tell anyone about. Daddy do not talk to lawyers. Do not talk to counselors. Tell no one about your father because he will be taken away from you. That was at five AM one morning when I would have been hurt all through the night. I am here to end for you. To consider that. Consent. Must be recognized. I need your Z. that received a call from my daughter and she said mom I'm terrified. Well I cannot go into my bedroom because something happened and then she hung up. I was frantic I called police I called friends. I called and texted her my hands were tied. Because I could not reach her and because I knew the terror that can happen. He manipulated the children to not talk to lawyers and counselors they still to this day a year later have not talked to anyone about their father. He manipulated them and then has manipulated the system. Thank you for the work that you do. To help protect us. To help protect our families. To help protect our children. It is incredibly appreciated. Thank you miss Benson next we have have Keith Windley Mr limited like to come to the table and recognize yourself your of a deaf I yourself you're recognized to speak for the bill. Thank you madam chair and. The remainder of the Judiciary Committee my name is Keith Linley. For. My name is Keith Linley I am a police officer and have been a police officer in the state of Arkansas for more than twenty years now I've served. only in the state of Arkansas. As a law enforcement officer for more than twenty years and an investigator for well more than half of that. I first saw that firstly have to acknowledge my own deficiencies and apologize to. rape and sexual assault victims for the contributions that I've made to the rape culture through ignorance in my job performance and my inability to fully recognize victims. I think that there been times in my career that I've contributed to the rape culture because they didn't get my best effort because I was in search of a better victim or a good victim and they never. May fully got my best work. Think that. Members of the law enforcement community. Our contributors to that culture. If you're a prosecutor that fails to prosecute the case because it happened so long ago then your contributor to the right culture if you're human being that has judged alleged victim because of the clothing that they've won or because a decision that they made to consume alcohol before going out in the evening. Then you've contributed to the rape culture we've all done it. Someone who puts himself in a position of vulnerability is not inviting victimization. Someone who she makes the choice to consume alcohol. And place them selves in a vulnerable state is not inviting themselves to be victimized. Almost twenty years ago I remember sitting in on some of my first interviews and interrogations in which I am learning to interview and interrogate a rape suspect. And I recall on multiple occasions. The suspect would say and use language saying she wanted it. She wanted it to happen she wanted that. Sadly after two decades. The only evolution that we've had. We talk about acts of sexual violence has been on behalf of the offender. They replaced phrases like she wanted it. By saying it was consensual. Three using words and language. That are more palatable and easy to digest and they're using language that we have yet to clearly define and that's why this bill is so important. I and I've heard that it is a feeling given and knowledgeable informed agreement is so much more than that if we think about it we're talking about acknowledgment of giving the gift giving the gift of our bodies to someone else with the freedom of the liberty to retract that at any time. I am asking you do a big thing and I'm asking you to support the bill. I know that's a lot and I'm asking for even more than I am asking for you to. Thank you your own lives of anybody you know that's been impacted by this and how this can. Victimization the future I want to close just by giving you a recount of my week I currently have nine rape cases on my desk that I received since October. I want to tell you about my day beginning on Sunday. On Sunday has introduced to the young girl. He began a conversation with me by saying I think I have been raped. Sitting about eighteen inches away from her I listen to her story and after that I had to take her to a four hour forensic interview. And during that forensic interviewing that forensic exam she watched as one by one each article for clothing was removed from her body and placed into a brown paper sack. And then as she standing in that room looking in the mirror. July is that her body itself. Is a piece of evidence. She's been being treated for the infection on a lip. Where the offender that through it. The Monday when I execute a search warrant on the offender's House intern execution of the search warrant. A small nose ring was removed in part to through the fiber in the letter in the chair. Where the offensive taking place. Another force was used to. In pale a piece of jewelry into the seat of the leather chair. That was Monday and then on Tuesday again sitting eighteen inches away from an offender predator. His words to me were. It was consensual. But. He was really saying was she wanted it. Thank you very much for your time I pray that you consider moving the bill forward. Thank you Mr Linley freer testament we have speaking in favor the bill Stacy Pinkerton. Pilkington Pinkerton. Thank you committee chair Dalby an it just it just Judiciary Committee for being here and listening to us I hope you really are listening. There's no expiration on time there's no expiration on your memory and what you go through as a survivor of sexual assault and rape. I'm a survivor. Of both. Not many of them survive. I'm in a Kansan. I was raised here in Arkansas. By my boss. You're talking about forcible compulsion. Q. minister nitrous oxide turned up the nitrous turned the oxygen down low. As he raped me in the dentist's chair. My way of survival was to be quiet about it and to leave the state. I ended up in the hands of another predator. This predator you all know we've heard of he's known as America's dad. I. Do not need to go into the details of what happened. But I was drugged at a dinner unknowingly. I was kidnapped. I found myself. In the hotel room. My body had been moved. I remembered what happened before I went unconscious. I went down to the hotel lobby and I told them to call the police. They didn't do it. There is a village of enablers for all these predators. We don't think about that. Perpetrators the predators. They always. Say it was consensual. They never admit to rape. And they never do it just once. I did not get justice here in Arkansas. I have reached out. And. The first words that I hear is why didn't you come forward sooner. I want my father to take the law into his own hands. This is a culture problem. And we need to educate the jurors. We need to educate the public. And we need to realize that we have an epidemic we do live. In. A rape culture. Predators notice since the vulnerability as peta files no the vulnerability of a child. As I said they never do it just once rape and sexual assault is abuse of power. Has nothing to do with sex. It is murder on the silver. The only way is action. And the first action towards protecting our cans and is defining consent for all parties we need to clarify this. After I found out I was not the only one and the perpetrator who drugged kidnapped and raped me. He had also sexually assaulted and raped as many as sixty three other women. Only one was in was with within the statute of limitations to be able to have some justice. I went to the court room I saw my rapist. The person who is able to get justice was not me. I was informed by other legal experts. Around the nation. Including this state. Stacey you need to change the loss. Keep using your voice. And I thought the best place to start was in my beloved state of Arkansas. I would like you to know that in the court room. With. William H. Cosby. The jurors. Asked. The judge to define consent. Unfortunately the judge said there is no definition of consent use your common sense. It ended in a mistrial and we are basically know what happened after that. Very few perpetrators get arrested. Less the less than that make into a court room. And imagine you didn't do get that small one percent chance to make it into a court room. And you do not have any justice because the jurors asked the judge to define consent. I'm pleading with everyone of you. To change the loss. Defined consent. It's important. Think about your children and your grandchildren. Because according to this to the statistics. It is not running for. It's mark. As I say I am a survivor but not everyone survives. I appreciate your time. And. Heads up on the documentary the case against Cosby I was speaking with Dr Gabor Mateh who is specialist in trauma and addictions. And I said I system is broken. And he assured me it is not that it works perfectly. For the predator. Thank you for your time. Thank you Mr Pinkerton right that is correct Pinkerton Pinker ten P. I. N. K. E. R. Tuckerman just wanna make sure we have it right thank you for your time thank you. Lundstrum we've come to the end of the twenty minutes or so that we had we have several others who've spoken I'm guessing their stories would be similar to that we will not be taking a vote today because we have a request for we have a request for a sentencing impact statement and a physical impact statement yes ma'am and we will return it controls for point of clarification what precisely does that mean I'm I'm not understanding or in this committee in this committee we have a sentencing impact statements from the sentencing commission. And how long does that usually get some pretty quick times over here show but I'm pretty quick we can come back and finish up your bill I have. I have a special to special orders on Tuesday and right now for next Thursday we have. Bills but we can put you in if you want to be on that and we won't be up hopefully not against a time frame that we are today all right and then the other sentencing impact statement and what was the other fiscal impact statement about which which you're familiar with but in this in the Senate and this committee we have sentencing impact statements especially whenever the laws being changed in the potential is that there will be more individuals incarcerated and so this committee often less for those to stay at least one or the other but typically it's the sentencing impact statement we're concerned with in this committee how may I help my closing statement then for certain all right Michael is not a problem be happy to would you like to come back either next Thursday or would you like to come back the following Tuesday recognizing and two we have two special orders may I consult with you on that sure not a problem be happy to work with your schedule thank you I thank you. Thank you colleagues for your time. We have one of the bill that we need to go ahead and get out today we have a witness who's been here for the last two hours so we need to go ahead and get that bill out also and we'll come back to representative luncheons bill. Here in the next week or so so. If you're trying to House Bill fourteen seventy three fourteen seventy three and I would ask representative very to take the chair. Members we have a fiscal impact statement that's being passed out. Mr W. as their passion the impacts day of you can go ahead and introduce yourself and your guests and thank you Mr chairs I'm Carol Dalby state representative for district one hundred next may I have judge Mackie Pierce from Pulaski County and we together we will percent be presenting house bill fourteen seventy three all right members everyone have Your study impacts the. Okay. You may continue missed out on. Thank you Mr chair members this is a law that's going to clarify how the name change is being done in Arkansas I think most you're familiar you received in some information on that the first section section one is simply updating some out dated terminology that we no longer use it's updating that section two. Then is giving it an updated version of how that information is given and what will happen when somebody seeking a name change will note in there they can't seeking name change for purposes of circumventing the criminal law and so that is being done in that section and then the very last section it and it's now would be allowing the court to seal a name change in order to help seal the identity prevent the identity of a maybe a domestic someone who's been abused met and needs to be away from that abuser and basically that is what the law does it is a change in our law this comes to the committee from the Arkansas judicial council that's what we have judge peers here who can answer any of the technical questions are as far as practical how happens or works in court. And with that be happy to answer any questions. Are there any questions of committee. Saying none. The star would you you have a I would guess as presentation. Your if statement everything correctly thank you. I will make sure you get that on the record and stated all that correctly and I agree with everything she said so it members with that I am close and I make a motion to do pass. Or any questions on the motion. Say none of all in favor of the motion say aye. Oppose. The ayes have it thank you chairman thank you members of the committee. All right members we do have some housekeeping duties and I do what the camera on so that people will know what we're looking for toward next week. As previously indicated we do have to special orders next week it'll be on Tuesday Senate bill one ninety nine and Senate bill eighty one those are two special orders I'm also going to put on there it's not for special order but house bill fifteen twenty two that's the district clerk's salary in District Court salary bill and the reason I'm going to head I want to run that first it's my bill the Bill I run every year and have for I don't know for five four times I guess now we got to get that thing run because what inevitably happens when it gets down to the Senate one of the senators finally read certain Watson amendment so the thing pops back and forth a good bit so we will take that but we have to orders as I have indicated to you previously it's possible that we will need to come back after session on Tuesday and insert just be aware that kind of clear your calendar but I want me to get those looking toward next week also on the ninth which is Thursday we'll have a full agenda House Bill Fortino eight House Bill Fortino nine house bill fourteen thirty four fourteen forty three fourteen seventy fourteen ninety six fourteen fifty nine and fourteen twenty four and some of that may get moved to the next Tuesday and certainly I will send you a text to let you know we're just we're having to start moving this agenda pretty. Eckley and thoroughly I don't think we have anything else is there anything else from the Committee not seeing thing once again thank you for your diligence this morning we will be in session here in just a few moments with that we are adjourned.