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Judiciary Committee - Senate

February 15, 2023 ·10:00 AM ·Room 171 ·13:03
Video Transcript 1 document

Bills discussed (16)

Bill Title Sponsor Status
HB1278 Act 108 · 2 mentions in agenda, chapter
Matched: “…FELONY CONVICTION OF DRIVING OR BOATING WHILE INTOXICATED. HB1278 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 4 OF THE ARK…”
TO MAKE TECHNICAL CORRECTIONS TO TITLE 4 OF THE ARKANSAS CODE CONCERNING BUSINESS AND COMMERCIAL … Gazaway Notification that HB1278 is now Act 108
HB1280 Act 109 · 2 mentions in agenda, chapter
Matched: “…F THE ARKANSAS CODE CONCERNING BUSINESS AND COMMERCIAL LAW. HB1280 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 6 OF THE ARK…”
TO MAKE TECHNICAL CORRECTIONS TO TITLE 6 OF THE ARKANSAS CODE CONCERNING EDUCATION. Gazaway Notification that HB1280 is now Act 109
HB1281 Act 110 · 2 mentions in chapter, agenda
Matched: “HB1281 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 8 OF THE ARK…”
TO MAKE TECHNICAL CORRECTIONS TO TITLE 8 OF THE ARKANSAS CODE CONCERNING ENVIRONMENTAL LAW. Gazaway Notification that HB1281 is now Act 110
HB1282 Act 111 · 2 mentions in chapter, agenda
Matched: “HB1282 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 9 OF THE ARK…”
TO MAKE TECHNICAL CORRECTIONS TO TITLE 9 OF THE ARKANSAS CODE CONCERNING FAMILY LAW. Gazaway Notification that HB1282 is now Act 111
SB204 Act 616 · 2 mentions in agenda, chapter
Matched: “…Rice Sen. Alan Clark REGULAR AGENDA Number Sponsor Subtitle SB204 D. Wallace TO AMEND THE JUSTICE FOR VULNERABLE VICTIMS OF S…”
TO AMEND THE JUSTICE FOR VULNERABLE VICTIMS OF SEXUAL ABUSE ACT; TO REMOVE THE AGE … D. Wallace Notification that SB204 is now Act 616
HB1352 Act 117 · 1 mention in chapter
Matched: “HB1352 Dalby TO AMEND THE LAW CONCERNING THE SEALING OF A RECORD O…”
TO AMEND THE LAW CONCERNING THE SEALING OF A RECORD OF A FELONY CONVICTION OF … Dalby Notification that HB1352 is now Act 117
SB182 · 1 mention in agenda
Matched: “…D THE LAW CONCERNING OBSCENE MATERIALS LOANED BY A LIBRARY. SB182 D. Sullivan TO AMEND THE LAW CONCERNING PUBLIC RECORDING AN…”
TO AMEND THE LAW CONCERNING PUBLIC RECORDING AND DELETION OF ELECTRONIC DATA. D. Sullivan Sine Die adjournment
SB195 Act 348 · 1 mention in agenda
Matched: “…ONCERNING PUBLIC RECORDING AND DELETION OF ELECTRONIC DATA. SB195 K. Hammer TO CLARIFY WHEN PARENTS' RIGHTS NO LONGER ATTACH…”
TO CLARIFY WHEN PARENTS' RIGHTS NO LONGER ATTACH REGARDING SAFE HAVEN INFANTS AND TO AMEND … K. Hammer Notification that SB195 is now Act 348
SB2 · 1 mention in agenda
Matched: “…H THE PANIC DEFENSE. DEFERRED BILLS Number Sponsor Subtitle SB2 Gilmore TO CREATE THE "TRUTH IN SENTENCING AND PAROLE REFOR…”
TO CREATE THE "TRUTH IN SENTENCING AND PAROLE REFORM ACT OF 2023". Gilmore Sine Die adjournment
SB237 Act 762 · 1 mention in agenda
Matched: “…D TO AMEND DEFINITIONS UNDER THE LAWS REGARDING SAFE HAVEN. SB237 A. Clark CONCERNING VEHICLES, BOATS, OR FARMING EQUIPMENT W…”
CONCERNING VEHICLES, BOATS, OR FARMING EQUIPMENT WITH A REMOVED, DAMAGED, MUTILATED, OR DEFACED SERIAL NUMBER … A. Clark Notification that SB237 is now Act 762
SB238 · 1 mention in agenda
Matched: “…OR DEFACED SERIAL NUMBER OR VEHICLE IDENTIFICATION NUMBER. SB238 A. Clark TO CREATE THE OFFENSE OF AGGRAVATED TRESPASS; AND…”
TO CREATE THE OFFENSE OF AGGRAVATED TRESPASS; AND TO MAKE TECHNICAL CORRECTIONS. A. Clark Died in House Committee at Sine Die Adjournment
SB40 · 1 mention in agenda
Matched: “…SB8 B. King TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. SB40 J. Boyd TO EXCLUDE FENTANYL TEST STRIPS FROM THE DEFINITION…”
TO EXCLUDE FENTANYL TEST STRIPS FROM THE DEFINITION OF "DRUG PARAPHERNALIA" UNDER THE UNIFORM CONTROLLED … J. Boyd Sine Die adjournment
SB60 · 1 mention in agenda
Matched: “…and Staff Only'. LAID ON THE TABLE Number Sponsor Subtitle SB60 L. Chesterfield TO ABOLISH THE PANIC DEFENSE. DEFERRED BILL…”
TO ABOLISH THE PANIC DEFENSE. L. Chesterfield Sine Die adjournment
SB7 · 1 mention in agenda
Matched: “…TE THE "TRUTH IN SENTENCING AND PAROLE REFORM ACT OF 2023". SB7 B. King TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HA…”
TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. B. King Died in House Committee at Sine Die Adjournment
SB8 · 1 mention in agenda
Matched: “…THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. SB8 B. King TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. SB4…”
TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. B. King Died in House Committee at Sine Die Adjournment
SB81 Act 372 · 1 mention in agenda
Matched: “…NCERNING FAMILY LAW. INACTIVE BILLS Number Sponsor Subtitle SB81 D. Sullivan TO AMEND THE LAW CONCERNING OBSCENE MATERIALS;…”
TO AMEND THE LAW CONCERNING LIBRARIES AND OBSCENE MATERIALS; TO CREATE THE OFFENSE OF FURNISHING … D. Sullivan Notification that SB81 is now Act 372

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Unknown speaker 0:15
Senator Wallace you're recognized thank you Mr chair. Commission chair members of. This is a bill that makes a bill that we did. This section a little bit better the only changes our own Page one line thirty three in Page two line seven and eight. When we pass this bill last year. it passed overwhelmingly in the house and in the Senate. What we get immediate feedback for a lot of folks that were very grateful for this but it became very apparent shortly afterwards is that I should not have restricted to age to age fifty five US elected unlimited because I had folks at the age of sixty maybe a little bit older age fifty seven fifty eight that Pruitt said what about me so all this bill does is it eliminates the age fifty five. It makes it. All the way to the in the lifespan. And it updates the dates on the back. And with that I stand by for your questions. Any questions from committee is a sin Tucker you're recognized. Thank you Mr. The. The victims that we're talking about here where the children when they were victims of these crimes for the most part okay the all the ones that I talked with were in what studies have found out is when this happens the folks are really willing that it they bury it and that is not willing to come out and talk about it until much later sometimes midlife right I I totally understand that I just was I didn't know if the crimes by definition war crimes against children or if it just happens to be the most of them. More victims were children one is in a court this is not criminal the civil rights I understand okay thank you. Is there a motion from the Committee. Where motions have to pass. A second from Senator Ricky. All those in favor say aye. All opposed. Graduations walls your bill passed thank you Sir. Hi next on the agenda we have center Dalby. This center dot. Representative Dalby with house bill thirty fifty two. President of dobby you're recognized to present house bill thirty eighteen fifty two. Okay and if you have a fiscal impact with that bill you are. You can go ensure that. Thank you Mr chairman Carol Dalby state representative for district one hundred there is a physical impact statement that has been made and you'll see that there is No resources there's no physical impact in regard to this bill. And with that with chairs permission I'll go ahead and present the bill members of. Time gets away with either last session or session before last we passed a bill we passed passed a bill where we could see you owe our records of felonies could be sealed fairly quickly and what happen is it caught some unclassified felonies and one of the unclassified felonies is DWI fourth DWI fifth those are unclassified felonies so the practical effect of that bill was DWI Senator misdemeanor DWI eyes they had to wait ten years before their records could be sealed but if you had a DWI felony like a felony for a fourth or a fifth you could immediately see that upon completion of your Senate so what this bill does it closes that gap it says that if you have a felony DWI you too will have to wait the ten years before you commence your record you can't just seal it immediately that simply all it's doing is collect but not collapsing but making a felony DWI follow the same rules as a misdemeanor DWI with that I'll be happy to answer any questions our committee harden explained to the building or any questions Senator Hester you're recognized You know the support I'm just trying to say like I know if it's if it's sealed like a a potential employer couldn't see it or licensing institution would say is that correct that's correct yes and and how long would the like say if somebody got a DWI felony the FBI today how long until I would be eligible to see to see what ten years okay and maybe not it that's what this bill would say ten years if you got one today and you completed your sentence. A year from now on this bill is not in place you can see all that felony DWI the end. I'm for that. All right any other questions from committee members. Senator Tucker. Thank you Mr so is it is the ten year look back period in place because if you get another due to be out during that period and you have a an enhanced penalty correct and so if if under the current law or before the birth of a motor vehicle before the previous law was passed you get eighty W.. Conceivably get that sealed and get another one and you you'll still have a the penalty of a first time offender even though it's actually your second that's exactly right okay so that's what you're that's what your address we're trying to address that loophole okay thank you. Are any other questions from members. Is there anyone in the audience would like to speak for or against the bill. Same manner of representative dog with questions from us Senator Clark. Representive a understand the reasoning behind the bill but in doing this are we treating this the sailing different than we do other files that okay thank you. Arsinoe other questions from committee or anyone else. Of chair will entertain a motion we have motion hi. Close up yes Senator W. close for your bill I am close to appreciate a good vote okay Senator Gilmore aye I have a motion to pass second Senator Hester all those in favor say aye hi All opposed your bill pass represent Dalby thank you Mr chair thank you members of the committee. Senator Clark are you are you a. Senator Tucker you're going to present house bill twelve seventy eight today. Okay you're recognized president house bill twelve seventy eight. Thank you Mr and I'm invite Matthew Miller to sit with me at the end of the table. As most of the of the members are aware the code revision commission exists to clarify inconsistencies that come about as a result of multiple bills passing during the legislative session. They make no substantive changes to the law only technical corrections to the law and during the course of the interim period they cover vision commission will have an a number of revisions that they make again all technical corrections and then when the session have there's one bill. For each title of the code which the code revision commission recommend it's recommended changes to there's going to be twenty some odd technical corrections bills coming through the process this is the first batch of four there will be more of a quite a few more most likely at our next meeting but we'll we'll see if and when they get through the house but this is just the first batch of four so with that preamble Mister chair all I'll turn the committee's attention to house bill twelve seventy eight. this is the technocrats the title four of the code and the language in this bill just creates consistency by amending language to conform to the current usage of terminology certificate certificate of organization and set of articles of organization through a law that we passed last session and that's that's really it for house bill twelve seventy eight and and I'm happy to answer any questions but that's what Mr Miller is here for as well because he he he's well capable of answering questions as well. Our committee her next motion the builder any questions from committee members. Anyone in the audience who wish to speak for against the bill. All right saying none we have a motion center Gilmore to pass Secker Senator Hester. In discussion. All those in favor say aye. All opposed. The Bill pass to center thank Mister thank you members next one on the agenda is house bill twelve eighty which deals with the technical corrections to title six of the code and section one or just conformity code style to say grade six. Section two were correcting the name of an entity. In section three for adding an internal reference to another code section for clarity and then sections four and five once again we're correcting the name of an entity in the state government. That's it for house bill twelve eighty. Your next question bill any any questions for members. Six. Anyone in the audience wish to speak for against the bill. Sam Nunn. We have a motion I have a motion center has to do pass. We have a second Senator Tucker. All any discussion all in favor say aye aye aye All opposed. Resolutions Tucker bill passes thank you Mr thank you members four of eighty one you're recognized thanks chair house bill twelve eighty one deals with the technical corrections title eight of the code section one replaces an obviously reference to repeal the law concerning occupational licensing of veterans and their spouses to the current law that exists section two deletes a definition that's no longer used in the law and then section three just clarifies that the report is monthly that's it for house bill twelve eighty one. All right in any a verdant actualized Bill any questions from members. Anyone they are used to wishes to speak for against the bill. Sam Nunn chairman entertain a motion. We have a motion to pass Tucker second Senator Hester in discussion. All those in favor of the motion say aye All opposed. Resolution Tucker will pass thank you Mr thing to you're recognized house bill twelve eighty two thank you Mr this last one for today it deals with the technical corrections to title nine of the code all it does is add an order of protection to clarify the type of petition being filed. That's it for house bill twelve eighty two March. Committee her next writes of the bill any questions. Anyone the audience which speak for against the bill. Saying none of the chair will entertain a motion. But a motion from Senator Kita pass do pass. The second from Central Tucker any discussion. All those in favor say aye. All opposed. Graduate center for your the Bill pass thank you Mr thank you members. Saying or the business on the agenda today. We are German.
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Agenda

Call to Order

0:07

REGULAR AGENDA

0:08

SB204 D. Wallace TO AMEND THE JUSTICE FOR VULNERABLE VICTIMS OF SEXUAL ABUSE ACT; TO REMOVE THE AGE LIMITATION FOR A VULNERABLE VICTIM TO BRING A CIVIL ACTION; AND TO AMEND THE COMMENCEMENT DATE FOR A CIVIL ACTION.

0:09

HB1352 Dalby TO AMEND THE LAW CONCERNING THE SEALING OF A RECORD OF A FELONY CONVICTION OF DRIVING OR BOATING WHILE INTOXICATED.

3:09

HB1278 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 4 OF THE ARKANSAS CODE CONCERNING BUSINESS AND COMMERCIAL LAW.

7:43

HB1280 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 6 OF THE ARKANSAS CODE CONCERNING EDUCATION.

9:45

HB1281 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 8 OF THE ARKANSAS CODE CONCERNING ENVIRONMENTAL LAW.

10:57

HB1282 Gazaway TO MAKE TECHNICAL CORRECTIONS TO TITLE 9 OF THE ARKANSAS CODE CONCERNING FAMILY LAW.

12:02

Adjourn

12:51

Speakers