Judiciary Committee - Senate
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Bills discussed (15)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1004
Act 37
· 5 mentions in chapter, transcript
Matched: “HB1004 Ray TO AMEND THE SEX OFFENDER REGISTRATION ACT OF 1997 TO I…”
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TO AMEND THE SEX OFFENDER REGISTRATION ACT OF 1997 TO INCLUDE DISCLOSURE OF A SEX … | Ray | Notification that HB1004 is now Act 37 |
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HB1245
Act 38
· 3 mentions in chapter, transcript, agenda
Matched: “HB1245 Dalby TO REQUIRE A LEGISLATIVE STUDY OF FINANCIAL MATTERS R…”
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TO REQUIRE A LEGISLATIVE STUDY OF FINANCIAL MATTERS RELATED TO THE COURT SYSTEM; AND TO … | Dalby | Notification that HB1245 is now Act 38 |
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SB59
Act 165
· 3 mentions in agenda, chapter, transcript
Matched: “…Alan Clark RE-REFERRED TO COMMITTEE Number Sponsor Subtitle SB59 L. Chesterfield TO AMEND THE LAW WITH RESPECT TO CIRCUMSTAN…”
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TO AMEND THE LAW WITH RESPECT TO CIRCUMSTANCES THAT JUSTIFY THE USE OF PHYSICAL FORCE … | L. Chesterfield | Notification that SB59 is now Act 165 |
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HB1098
Act 68
· 2 mentions in chapter, agenda
Matched: “HB1098 J. Mayberry TO CLARIFY THAT A VOLUNTEER FIRE DEPARTMENT MAY…”
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TO CLARIFY THAT A VOLUNTEER FIRE DEPARTMENT MAY OPERATE A NEWBORN SAFETY DEVICE UNDER CERTAIN … | J. Mayberry | Notification that HB1098 is now Act 68 |
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SB118
Act 126
· 2 mentions in chapter, agenda
Matched: “SB118 J. Dotson TO DEFINE THE TERM "ANTISEMITISM" WHEN REVIEWING,…”
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TO DEFINE THE TERM "ANTISEMITISM" WHEN REVIEWING, INVESTIGATING, OR DETERMINING WHETHER THERE HAS BEEN A … | J. Dotson | Notification that SB118 is now Act 126 |
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SB182
· 2 mentions in chapter, agenda
Matched: “SB182 D. Sullivan TO AMEND THE LAW CONCERNING PUBLIC RECORDING AN…”
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TO AMEND THE LAW CONCERNING PUBLIC RECORDING AND DELETION OF ELECTRONIC DATA. | D. Sullivan | Sine Die adjournment |
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SB2
· 2 mentions in agenda, chapter
Matched: “…OF ELECTRONIC DATA. DEFERRED BILLS Number Sponsor Subtitle SB2 Gilmore TO CREATE THE "TRUTH IN SENTENCING AND PAROLE REFOR…”
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TO CREATE THE "TRUTH IN SENTENCING AND PAROLE REFORM ACT OF 2023". | Gilmore | Sine Die adjournment |
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SB40
· 2 mentions in agenda, chapter
Matched: “…SB8 B. King TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. SB40 J. Boyd TO EXCLUDE FENTANYL TEST STRIPS FROM THE DEFINITION…”
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TO EXCLUDE FENTANYL TEST STRIPS FROM THE DEFINITION OF "DRUG PARAPHERNALIA" UNDER THE UNIFORM CONTROLLED … | J. Boyd | Sine Die adjournment |
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SB60
· 2 mentions in chapter, agenda
Matched: “SB60 L. Chesterfield TO ABOLISH THE PANIC DEFENSE.”
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TO ABOLISH THE PANIC DEFENSE. | L. Chesterfield | Sine Die adjournment |
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SB7
· 2 mentions in agenda, chapter
Matched: “…TE THE "TRUTH IN SENTENCING AND PAROLE REFORM ACT OF 2023". SB7 B. King TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HA…”
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TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. | B. King | Died in House Committee at Sine Die Adjournment |
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SB8
· 2 mentions in agenda, chapter
Matched: “…THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE. SB8 B. King TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. SB4…”
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TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM. | B. King | Died in House Committee at Sine Die Adjournment |
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SB81
Act 372
· 2 mentions in chapter, agenda
Matched: “SB81 D. Sullivan TO AMEND THE LAW CONCERNING OBSCENE MATERIALS;…”
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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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SB96
Act 613
· 2 mentions in chapter, agenda
Matched: “SB96 D. Wallace REGARDING THE TERMINATION OF THE OBLIGATION TO R…”
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REGARDING THE TERMINATION OF THE OBLIGATION TO REGISTER AS A SEX OFFENDER; AND TO REQUIRE … | D. Wallace | Notification that SB96 is now Act 613 |
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HB1125
Act 35
· 1 mention in transcript
Matched: “on house bill 1125. If I understand it was triggered by the actions the possib…”
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TO PROHIBIT A REGISTERED SEX OFFENDER FROM PURCHASING, OWNING, POSSESSING, USING, OR OPERATING AN UNMANNED … | Evans | Notification that HB1125 is now Act 35 |
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HB114
· 1 mention in transcript
Matched: “…rd center Johnson your. Thank you Mr chairman of. This bill house bill 114 is comes out of a meeting that represent rain I had with ou…”
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Pre-2017 bill |
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Collins may have Judiciary Senate Judiciary order of. Senate center Chesterfield. Century's end of the table if you want to go ahead present Senate bill 59. You're recognized. Thank you Mr chair and thank you for the Committee originally passing the bill a member raised an issue about that looking at paid
it Page 1 line 25 and 26 memories can be a concern about it saying originally without limitation. And we changed it to say which shall include a person employed by a school district is a simple change but rather than seeming to give carte Blanche to anybody who comes on a school campus to be able to do what he or she would want to we want to make it more specific and we think it we think it makes it a better bill I appreciate a good vote aren't happy to take any questions our
committee heard the expiration of the the change. Is there any discussion. You're renting a motion. I have a motion to pass in the second column favor say aye opposed. Graduation centers for thank you thank you once again I appreciate it or terms chair which it will.
Senator Stubblefield you're recognized to present House Bill. 1245. Thank you madam chair of center of. Thank you colleagues house bill 1245 is basically just an interim study to build that does a legislative study the House Senate judiciary committees for the funding of our court system it also has the backing of the office of the court. The municipal any surgery small for Arkansas counties of this
committee when it does me will look into the funding sources of our court systems collection and distribution of those systems and the financial matters related to the courts. Be glad to take any questions. Any questions committee. If not is there anyone here to. Speak for against the bill. No one signed up. What's the wishes of the committee or would you like to close.
Center I'm I'm close sent flowers. What's the will of the committee. Motion to pass from senator Tucker second from senator McKee. All those in favor say aye aye aye those opposed nay. Hi 7. H. bill H. B. 1245 passes.
Represent Ray. Iran Bills more. Johnson you within yeah. You want to go ahead and take your place in the table you're recognized president of house bill 01004 we have a. Is everybody of handouts OK. They handle that goes with this bill.
Ward center Johnson your. Thank you Mr chairman of. This bill house bill 114 is comes out of a meeting that represent rain I had with our sheriff in Faulkner county sheriff Tim ryals and per se rated such a great job of explaining in the house I'm going to ask him to do that because he covered things I hadn't even quite thought of but to its usual he did is great job of research so I would like to ask me to allow
representative rated move forward with will and also sure for sure Bradley the head of the Arkansas sheriff's association here's if any questions related to the M.. Represent right you're recognized okay thank you Mr chair thank you senator Johnson so house bill 1004 as senator Johnson Lou 2 is brought to us by our sheriff and Faulkner County Tim Ryles it couldn't be here today
but the sheriff's association is in support of the bill along with our Attorney General and what the bill would do is it would would require the collection and publication of the full physical address of the offenders that have to register on the sex offender registry Arkansas is currently one of only 4 states in the entire country that does not require publication of the full physical address there's main and Washington state which use street number and block number are sorry
street name in block number like Arkansas does and then Vermont is actually the only state in the country that requires less information to be published and we do so the way our registry currently works is it will publish the street name and the block number of the offender but not the full physical address including the house number or the unit or apartment number if applicable so what that looks like in practice is the registry will tell you. That there's a there's a level 3 or level 4 offender living
on the 200 block of oak street for example but that could be potentially as many as 100 different houses that that could be and if you live in an apartment complex where there are potentially hundreds and hundreds of units you know good luck knowing if that offender is all the way on the other side of the apartment complex or if they're literally in the unit right next to you on the other side of the sheet rock. The purpose of the sex offender registry is is to provide people with the information that they need to keep
themselves and their loved one safe you can think of many examples of where people would want or need this information so you're taking your kids trick or treating you're a political canvassers going door to door your a door to door sales person I think of the people that come to my neighborhood ever so often trying to sell me solar panels you know if you let your kids play in the front yard or your you let your kids go to a child could classmates
house for a sleepover you're not familiar with that neighborhood there's just many instances in which people would want or need to know this information obviously it's our role as lawmakers to do everything we can to enhance public safety and keep folks safe and and law enforcement so supports this bill as well that's why it's been endorsed by the sheriff's association and the attorney general's office I'm sure you all have gotten some emails about this bill so I try to just quickly answer
some of the questions that were brought to me you know one question that I got was does this bill put sex offenders in danger I would say no not more anymore than they already are there are 46 states that publish the full physical address of the offender in the registry and I'm just not aware of any instances of you know massive vigilante retribution or anything of that nature if someone really wanted to determine the actual residents of a sex offender there's
plenty of information contained in the registry already including the vehicle make and model that they drive and the license plate number so that's already out there. You know there's a question of does this violate people's privacy again I would say no there's 30 of their 46 states already do this and there's plenty of instances in our law we're people's addresses already publicly available whether that's voter registration property records deed recordings things of that
nature and senator Gilmore's look at me as if I've talked too long so with that I'll I'll answer any questions. Our committee members of our next election the bills or any questions Senator Tucker. Thank you Mr. Representative rate what I heard toward the end there was that there's already plenty of information publicly available to determine where these folks are if you're a vigilante so is that not also true for anybody who wants to determine
where they are. Well look if you wanted to it It for someone who just wants to access the sex offender registry for a common purpose it's not as user friendly as it could be and that's the point of this bill is to make it make the information that is publicly available easily usable for folks who want to use it or who might want to use it there's people who make decisions all the time about where they go in their
community and they ought to know if there someone with a history of violent sexual behavior and where that person would be located and so that's the that's the purpose and just clarifying the residential address. I know that originally there was the employer address was in here but you amended that out is that is that's correct yeah the original bill the when the bill was originally filed in included employer address information as well and all of the states that surround us
include that information but. You know out of conversations with business groups and associations I decided it would be easier just to amend that information out of the bill. Since this is the law and so many other states us assume there's a lot of data out there about the effect that the disclosure of this information has on crime rate and specifically recidivism rate and I'm I'm curious what that date is. Well.
I'm not aware of any specific data related to physical address versus street name in block number but what I will tell you is there was uh information published Missouri by the Columbia Missourian that showed that Arkansas is actually a leading state for inbound migration of sex offenders from Missouri so the fact that we're the only state in the south and one of only 4 states in the country that doesn't publish the
full residential address of the sex offender may in some instances actually make us. A target for all right and attractive inbound area you know destination I guess I would say for sex offenders. Thank you Mr thank you. Any other questions from members. Right you don't have any statistics nationwide just to take some of these.
The sex offenders have been assaulted or killed. By visual antis or whatever you wanna call. No no no Sir Mr chair I'm not aware that that's a problem okay. Senator Clark if questions. Yes represent rate of. We all want to protect the public will protect children. You have. President of the 46 states already do this.
I'm a parent or grandparent. Okay and have looked and there is a sex offender living my neighborhood upended down to the block. I'm. How does having the specific address. Help me that much more. Yeah well I would say if you want to most people that are accessing this data on the sex offender registry
are doing it because they wish to not come in contact with a sex offender most of the people on the registry are sexually dangerous people that are categorized as having a high level of likelihood to re offend and so you know knowing which house to avoid that is obviously helpful and you don't again if you just have a block number that could be a dozen houses it could be 2 dozen houses
it could be as many as 100 houses you know and rural areas we don't have blocks and so it's not particularly instructive for rural areas either so it just adds a level of specificity to what's contained in the registry and gives people that information so if they're going door to door to sell something to distribute information to trick or treat whatever the case may be they could avoid the House of. Mr but my
younger one of 2. But because I I get your example somebody coming into the neighborhood. But someone already in the neighborhood is. Very likely if they're concerned to already. About already figured out what this person looks like. When you that is that's likely I mean there's a picture of the sex offender that's contained on the registry so they
can you know they they can see what that individual would look like so they probably have a good idea and but. I'm. I just wanna be sure. You know that what we're protecting the public and like Senator 46 states have done it it's probably a good sign that it's not a bad idea but that's not always true. So. But again I'm not sure but trick or treaters because most of us are not taken our
kids anywhere anymore that we don't know them specifically of. But I get your point of. I just thought as a senator said earlier we never we never have a shortage of sex offender bills in this committee so of. Just wanna be sure that when we enact this is a law that we're doing the right thing sure and. Sir Clark I agree much what you said let me sir go back
to the genesis of this bill sheriff ryals contacted representative ray and I along with the what Clark with Morgan so session counties right after Halloween and it came out of the fact that parents had come to him and said Hey this is a great tool we can go look on your website and get a link to this and see where the potential bad guys in our neighborhood are but when they found out they couldn't get it specific enough to really give them any protection
they brought this up with the sheriff and the here that's why we're here obviously I feel for younger people Reggie ray has young children I didn't worry about this too much you know 40 years ago when my kids were out trick or treating but it's obviously a serious concern and and that was why this bill at this time. Senator Clark. And I get the just having come through covid.
Want to guard from over protecting and to come back and say you know as a parent that I need more protection for my kids on Halloween when I'm perfectly capable. Okay. Making just by going to acquaintances only by knowing who I know we're not sex offenders will that the guy I don't have to get the government involved to help me with that and so I think what you're describing would be a prudent approach for most
parents but to the to the broader point of this is necessary you know we did we would develop this bill in consultation with local law enforcement and and state law enforcement as well and you know this wasn't something I was sitting at home on the couch and thought up I trust the judgment of of the the folks in law enforcement to that are telling us they need this legislation and I appreciate the work you. Put into it but I think it should be well but it vote absolutely for goes in the law
thank you. Are we we do have some individual anymore members of questions would we do have some members signed up to speak for against the bill first one is a John. Sabhal. You want to come to go to the at the table. You're recognized to speak state your name. Against the bill.
Good morning my name is John sorry number. First and foremost I am concerned Arkansas citizen and voter. I also do a good deal of work with groups such as the center for Arkansas the central Arkansas re entry coalition Arkansas community organizations. I listened with very very great interest to the comments just now. But. I must go on the record.
For being opposed. To House Bill 1004. You got the handout. That was put together to provide information about that particular bill most of what. Need what you need to know is in that bill and please my apologies this is my very first time in addressing any committee so I must ask for your patience and I do apologize in advance
for any gaffes mistakes anything of that sort I may do in the next few minutes. House Bill 1004. Lies in the face of a steadily growing body of research. Into this particular area of criminal justice. The senator a few moments ago. Use the word potential.
Sex offender. There's a big difference between potential and someone who is actually going to. ACT. The research. Overwhelmingly show which. That once a person who is offended and is back into the community they are not going to offend again. Research peer review.
Research. Supports this finding. One of the pages if you look at the last page of the handout. There is a reference of one peer reviewed study that shows that despite. Sex offender laws being on the books and despite the best intentions of law enforcement and our elected officials vigilante action ranging from harassment
to murder. He has been recorded has been documented. That one study sites 279 the vigilante episodes many of which ended in murder. Against people who were on the registry. There are some episodes. Of this regional anti action that is
included. In that hand out including. Documented recorded episodes in Arkansas. The research has been done I have not yet been able to find if any registrant has been murdered as yet. But serious injury. Harassment property damage has been recorded. There are no doubt a
lot of other episodes. Of harassment of property damage. I hope not worse that have been directed towards people simply because they are on the registry. Looking at house bill 1004. The information that is being requested is redundant for the plain and simple fact that law enforcement already has
that information. The crime was made that. There is a danger to the community. Research peer reviewed research has determined that the real danger is from the sex offender who has not been found out. Who has not been arrested a classic example Larry Nassar. Who molested.
Did sexual trauma to hundreds if not thousands of young girl jim this for years. Before he was found out in if there is any danger. It is from the person who is not yet been caught. Do not. To all intents and purposes not. From persons who are going to re offend. I ask.
That before taking any further action. That the committee. That everybody in the legislature. Do the research to find where is the verifiable proof of the danger that has been brought up in this bill. Where is a verifiable proof that this bill is even needed is even necessary. Sandling.
The tone that way too many people take when they're even taking a look or even hear the 2 words in the same breath section offender. Who is that person away from okay. It's a long history that we've got in this country we can replace the term sex offender with communist we could replace it with the term socialist we could replace it with black we could replace it with L. G. B. T. Q. and more recently we get right replace it with the word what. Non Christian groups
said to say in certain circles get similar harsh hospital treatment. When you get down to it this is an appeal from hysteria and fear. And my opinion it is not based in reality. And where's the peer reviewed ask yourselves this question where's the peer reviewed research to support the call for immediacy taking immediate action. And finally. Where's the peer reviewed research
that all. This section vendors will attack will be a source of trouble. Is it inevitable. That all of. Dangerous sex offenders will attack that they will all go on a sexual rampage. Where's the research. To back that up. The recent work
on house bill 1125. If I understand it was triggered by the actions the possibly questionable actions of one registrant this is that bill about the drone. That higher risk offenders. Are now banned it's a blanket ban. Thanks to the actions of one and I don't know and please correct me if I'm get this wrong I have not yet seen any conclusive evidence that the actions
that one person wants in fact for sexual reasons. Too many times when that word sex and that word defender or in the same breath. We it's for like spiders we see the Daddy long legs. We see a brown recluse. Or insects there's a water bug there's a bed bug.
But for some individuals. It's all lumped together it's a one size fits fits all category of. This is a knee jerk response. It is not based. In a research driven reality. Thank you for your patience I will try to answer your question because we have some questions so Center rush your question.
Thank you respond or for your. Testimony. They may give you. For us to be how you would handle. What we're talking about level 3 or 46 vendors yes and and being on Judiciary longtime I would remember but a member the status but somebody move might wanna. Update me with current level 3 and 4 sex offenders there is a higher percentage of recidivism. They're in a small community
that is 20 minutes. From the police station from deputies being dispatched. There is a kind of a. Malaise of traders. I'm I'm sorry what there's kind of a malaise of Chrysler's is not I'm not talking about a mobile home I'm talking about camper trailers. They have various individuals that live there and. Different regulations in coming go and all and
cross road is a mobile home with children playing in the front yard. Down about 2 blocks. Is a church. It's 7 vacation Bible school with kids being picked up and dropped off. In in adults to the best of their knowledge watching being vigilant at all but yet we've got a level 3 possibly 4. In that group of traders that we don't know which one
it is. And I would hope you could see the concern of the community that it only takes one child. Being heartened. When you wish you would had for prevention. So having a particular address. Would have been able to focus and and again we're 20 minutes from having law enforcement there. So this is not a vigilante deal this is a
community that's going to protect their children. Against people that have a higher percentage. Of. Read being repeat offenders. Can you give me your take on how you would handle it yes if you're talking about the general community the chances are already very very strong that the people in the area in that community know about the person on the registrant your assumption I'm assuming on that
yes. But. Research has also shown. That if a person. It's going to offend certainly if that person is on the registry. The chances are very very small very small. That someone who is on the registry who is that determined to re offend. Is going to find a victim. So close to home.
Also I respectfully must disagree. With the finding. That. The higher risk offenders automatically. To many people's mind are going to re offend. I know. Of people on the registry who have been there for a very long time I know personally of at least 2 people who were level fours.
Who have been on the registry and the last thing. That they want to do. Is to be the source of any further trouble. I don't think it's my place it because it's not really connected to the bill to go into the flaws. That exist in assessing people who wind up on the registry. But I do respectfully urge all concerned citizens
all concerned lawmakers. To investigate the research but to please please. Make sure that the research that is done has been peer review. There's the saying act in haste repent at leisure. I know of one.
After so and I believe I I included that in putting together some examples of violence or attempted violence is an undocumented report. A woman who was herself the victim of repeated sexual abuse when she was growing up got a call from her needs better stepfather had been molesting her. She knew that experience.
I didn't want to happen got to 38 stormed over to the House confronted the stepfather and was seconds away from putting a bullet through the man's bring. If it hadn't been for an unexpected noise the man would have been shot through the head dead before he hit the floor. With an unexpected noise providential allowed him to literally jumped through an open window and get away.
It turned out later that the niece had made up. That allegation. She wanted to get back at the stepfather. Because the stepfather in exercising parental rights. Keeping her on a curfew and trying to keep her from going out and dating with someone who had various issues in the community. Act in haste.
Repent at leisure. Please. Please. Do the research. And if anything even smells of being started as a result of say a knee jerk reaction. Anything that even approaches will could be called a one size fits all solution. Please. No.
I wish for you Sir Mr and I appreciate this morning I'm again we will look the same is not a one size fits all there is one other one I'll mention that I got involved in actually trying to help. Somebody had a sufficient income in Adam hello business partner wanted to help him when he got out he was gonna get out anyway. Any got out. He couldn't leave the internet alone that's one of the productora
conditions. Good labor law he's lot back up probably for a long time. So he did not re offend. But not referred to. But he couldn't leave it alone the potential of re offending was great in the public has a right to say. Actually Sir was the was the computer had there been any effort to put a block a guard that is easily and readily
available to prevent someone from surfing the internet I know of one registrant. Whose parents after you finish prison and he he was put into prison for looking at online child porn. He. Had and this is sanctioned by the local law enforcement. He had a block he had something that was installed I don't know what the exact name or term is but he had
that program that blocker installed and was incapable. Looking at child porn without law enforcement knowing about it immediately this someone to have enough money that that got a friend I think to give him a phone and there's ways they're going to get around it. You. Senator Clark question. Mr is it Mister Sharma Sharma thank you think of an O. cial comfortable sauna to have to change the U. 2 and
are. Mr sort of the I'm an equal opportunity skeptic. Of you if the size the word all as if the authors of and sponsors of this bill I think that all everyone will re offend. Of or that. The legislature people in general think that everyone will re offend of but you talk about peer reviewed studies of which is our vigilante ism against sex offenders or sex offenders reoffending did
you say higher yes which numbers higher vigilante ism against sex offenders or sex offenders reoffending. Because you do downplayed the one and emphasize the other which ones are. So what about studies which ones are. To the best of my knowledge. To the best of our knowledge at this moment. Vigilante actions I think that you need to do some more research
you've only mention 279 cases and there is a plethora of sexual offenders out there a sexual offenders reoffending 95 percent of gun crimes committed by convicted felons we don't have to worry about most of the rest of us and while you're right as somebody who has been a victim. There are people who will never be reported and people never be called but we can be sure that within this poll. The numbers are not
local. You talk about peer review study. The numbers are not low in sex offenders re offending so the idea that we would track them and the idea that we would would have restrictions do you think there's something wrong with the. The flaw is. In the standards that are used certainly in the earlier studies.
States. Such is California Florida and Texas lead the nation. In these vigilante attacks. Apparently and I admit that there have must be more peer reviewed research that is done. But one thing. Is that what I think it's 95 to 98. Percent.
Of people who are on a registry. Do not and will not. We found. Hey there have been proposals what. What we offender won't get caught one to re offend. I would love to see that research. Let me know what the specifics you are in I can point you in that direction yes Sir if I can't I know people who can that's interesting because when it comes to.
Behavior not accepted by the public of alcoholism drug offense and I could just go up people who gamblers of who are out of control people kleptomania acts. They have a much higher percentage than this and and sexual the sex drive of the I would really love to see those numbers of because I have it because I have to study the subject in the peer reviews
that I have seen don't suggest anything like those numbers but we can't we can operate on a set of facts and unfit all of the studies can we. A good deal of information I think can be determined I think can be determined by making sure that you differentiating between site at studies but but but but but not by this hand picking our studies of. You've probably done more to
help the sponsors than current but thank you. Your questions from committee members. Senator Tucker. My question is not for Mr Sarna I'm just curious if there's anybody from corrections here and I'm sure you don't have this data available at your fingertips but I'm just curious about the recidivism rate in Arkansas for level 3 and 4 sex offenders period and then also relative to to other offenders I don't know.
If that information is available for. If you like to defy yourself for the record you're recognized speed. Jerry Bradshaw director division of community correction Arkansas department of correction. 2.I don't have the exact figures I do know within our sex offender population as a whole looking at level one through
level for recidivism is lower among sex offenders entity is other offenders but there is recidivism among sex offenders it's about 3 percent is what we see. But one of the points made by introducer of the bill speaks to me to the biggest point and that is that Arkansas is one of 4.
It doesn't have this requirement which makes Arkansas a more attractive place for offenders who have committed sex offenders sex offenses to want to come to. That's all I got thank you Sir thank you Mr any other questions from committee members.
Mr thank you for coming here today and testify thank you for this opportunity. And we we have a Jordan cope. Here to speak for the bill. Semitism Scott. Scott Bradley sorry about that Scott Bradley here to speak for the bill.
18. Mortars chairman. I'm Scott Bradley on the Director of the Arkansas. Shares association I'm here to speak for the bill and let you know that shares cross the state definitely support this bill I know you guys see a lot of sex offender bills they come across a recession but I would I would ask you how many of you seeing come from the. Shares or the Arkansas sheriff's association we don't bring bills to you we don't feel
like we bring bills needlessly we feel like this bills important. Like to thank Senator Johnson and representative right they don't a great job there's not much I can say to add to that or other than. When you think about the rule counties in Arkansas when you think about a block I was sure from Van Buren County for close to 16 years. And we have many blocks in Van Buren County a lot of acres lot of roads in a residence so it's kind of hard to narrow down the
block. When you turn by the rig big red bar to go to somebody's house. I would add that I'd like to add also if you're in the city and it's there's apartment building. On several blocks it's kind of hard to narrow down where someone lives if it's an apartment building. One other thing I might add is it's not just children although that's are that's who we focus on a lot when we think about sex offender you can become a sex offender for other crimes that include
adults so I think it's important for law enforcement to know where these folks live and I think it's important that the people who live in these communities narrow so that they don't have inverted contact with these people not knowing who they are not everybody looks at the computer all the time to see where they live small people actually have computers so thank you have a neighbor that so they don't know about incoming contact with them for themselves or for them children. I just would like
for you to consider that and I thank I've heard a representative right speak at this in the House Audi does a fantastic job better than myself so that's all I have right now Sir Clark committee any questions for Mister Bradley. As far as you're recognized. More a sheriff yes ma'am. Remind me is it do we have another this is we're talking about what's going to be reported on the sex offender registry which is
online right yes ma'am. I thought I recall the we're there is posting also in neighborhoods. There can be there was some bills I believe that were passed and that in the past on blacks for example on Halloween we're there's some posting out in the yard or a sign or something on the house to show you know people or they might not want to stop by and it's good for the sex offender to so that they don't
come in contact. At. I want to know is the sheer is there somebody here from the sex offender registry. Our assessment board. Anyone here from the sex offender registry. This section the board no one here is the lady back in the the lavender you not with the.
Thank you Mr chairman members of the committee I'm Laurie can Paris. I'm with the prosecuting attorney's association but I am a member of the sex offender assessment committee. Or you know if you were aware of where else. Is there a posting. Of. Sex offenders. Last 3 and 4 identification do we not pass a law some time ago.
To post in neighborhoods or something on. I know that level 3 and 4 offenders are posted on the internet and I believe maybe some level 2 is because I was just looking at that. Earlier on my phone and saw level 2 through a C. I. see you can get on there and find where level 3 in for incentives are posted. But not on street poles or.
Not that I'm aware of I know law enforcement and. Bradlee can miss rally can probably speak more on where they actually post those depending on the level the guidelines which I don't have in front of me and I haven't. Read them thoroughly in a while but they list out for level to use which groups in the community or service be notified level fours have the highest level of notification and level threes and fours usually are the ones you see posted most level 2 and level
one or more narrowly tailored to people who may be impacted by a particular offender. Shares that you ever. Posted on a whole no ma'am. I'm not I'm not aware of that okay. It is something that I recall seeing and maybe will exist in the form of a bill that wasn't passed into law or something but I thought I'd seen that before but so we're only talking
about. What's online yes yes ma'am we're talking about the on the sex offender registry that most shares have you go to a sheriff's website in any county there have a sex offender registry on their website and you can go to that website and you can research your community or the state actually. Do you feel as though there may be any resistance of from a landlord to lease or
rent. To these individuals that are classified. 3 or 4. I'm not sure there could be a definitely could be but I'm you know as a sheriff in law enforcement's are job try to keep everyone safe and you know I heard the percentage of 3 percent on the re refer re re offending we want to keep everyone safe so. 3 percent matters.
They're already restricted from living in certain areas right. Around schools are to answer charges or something like that yes ma'am there is a law that says they can't live within I believe it's 1000 feet of certain locations. Thank you Jeff thank you senator flowers any other questions of Tucker. I don't have a question but I was curious about this in this conversation so I just looked it up a level 3 or 4 offender
may not reside within 2000 feet of a school Parker you Senator or day care facility in a level 4 fender may not reside within 2000 feet of a church. Any other questions from members. None. Thank you for coming test farmers branch thank you ma'am thank you Mr chairman. Are that's all is are signed
up to speak for against the bills or exam anyone else notice that would like to speak for against this bill. You saying none. Representative right. Are you ready close yes I'm not sure I just wanna highlight a couple things that were mentioned in in the discussion and testimony yeah with respect to the data being presented I've had people text me department of justice studies on recidivism of sex offenders just since we've been sitting back here listen to testimony so there is a lot of data on
this in the courts of taking that data into consideration when they ruled on the constitutionality of sex offender registries they've been challenged numerous times on everything ranging from equal protection due process search and seizure ex post facto cruel and unusual punishment they've been the challenge numerous times and been up held because the courts have found that they are a reasonable measure designed to protect public safety and we're we're we've
been required since 1991 I believe by the federal government every state has to maintain the sex offender registry and as long as we have 1 it should provide information that is user friendly to people who want to access that information related to the the descriptions of sex offenders on the registry level for sex offenders are described as a sexually dangerous persons with impaired judgment or control who have sexual or violent compulsions that they lack the ability to control this may be due to peta Phalia
or other disorder of sexual attraction mental illness or personality disorder that distorts thinking interferes with behavioral control and pre disposes the person to predatory sexual violence level 3 offenders are high level of vendors with strong histories usually have strong histories of repeat sexual offending the offense patterns of these individuals reflect a relatively high probability of re offense and or a substantial risk risk of substantial injury to
victims should re offense occurred. And so this bill is designed as chair Bradley mentioned not just to protect children but also to protect women you know in researching this bill so I came across some very disturbing statistics and I'll share just 3 of them with you real quickly Arkansas ranks number one in the country for the number of child sex abuse cases per 100000 we ranked number 2 in the country for the number of rapes per 100000 and we ranked number 3 in the
country in terms of sex offenders per 100000 residents so this bill by itself is not going to solve all those problems but it's a small step reasonably designed to protect public safety and that's why I would hope you would prohibited. Mr chairman let me add with the the good job that representive raised and one thing to consider. There are times skews me there are times when I'm very proud that Arkansas does things differently
than other states but in this is a case where because we're not in sync with all but for the other states really 3 plus the district of Columbia we literally are. Creating a slight vacuum that is bringing in a sex offenders and has the Columbia Missourian study said having it be one of the our neighboring states it literally is they're looking for a place to land that's
more I hate to use the term hospitable but I guess we're talking about comparatively speaking so it actually can make us. Have the kind of statistics putting us at I guess 20 says number one I think that really puts us at the bottom representive right but but had the highest number of child sex abuse cases per 100000 people's not anything to be proud of me we certainly couldn't say thank god for Mississippi and that one so we're we're we don't
need to be different in this particular case and it's been a lot of statistics thrown around and and and I actually like statistics generally but I couldn't help but think about you heard the one of if you have one foot in a bucket of ice water on the other foot in a bucket of boiling water then on average you're okay and I think that we got to kind of set that aside if we're talking about 2 percent or 3 percent of offenders with recidivism it's like if your child
is in that a victim of that 2 percent or 3 percent that all the statistical evidence to the contrary is not going to assuage you or to protect your child so this is not a dramatic change this representative ray pointed out we're required to have this registry. Under federal law so all we're doing here is making it clear what to what other states have and by doing that providing what the whole genesis is this bill was parents going to share for
also say Hey with the student us any good to see just a block number we we need to the this specifically and those were people that specifically wanted to know and cared enough to be extra cautious with their children and and again we we can all say what parents are supposed to be diligent and and and do the what they're supposed to do and and I ask for this tool and that's why we're sitting here so I also would appreciate a good vote from the Committee and thank you committee Mr thank you senator Clark you have
a. It is such a pleasure as a strong child advocate advocate all my life I think this bill. Send a resounding message to anyone. Who wants to come to this state and abuse one of our kids. I would send them a message inside no you're not gonna come to this state and sexual abuse one of our children if you do you're gonna pay dearly.
And and that's what that's what this bill does of. Senator Clark you're recognized for motion. I have a motion passed Senator D. we have a second any discussion. All those in favor say aye aye All opposed bill passes representative of. Thank you thank you Committee. Senator Dodson.
With expert witness okay. Senator Dotson you're recognized to explain bill your bill thank you Mr chairman members the committee SP 118 that you have in front of you on today's agenda is at an act that would define the word anti semitism in Arkansas state statute. This this would Arkansas is 1 of several states that don't have an actual definition several states have adopted
the definition that you see before you here today that is the international Holocaust remembrance alliance is definition as it was adopted in 2016 and there are. At least. 3 states that have adopted as a statute more than 20 that have put resolutions out there's also executive orders in various states but this would provide the state officials with an objective definition of contemporary and says
anti semitism needed to ensure proper assessment of criminal and discriminatory incidents motivated motivated by anti semitism. This bill does not create any new law or protected class for for the body implements an objective definition of contemporary anti semitism in order to clarify the application of the state's already existing laws. Protecting against on lawful conduct to Jewish persons ensure that incidents of anti
semitic somatic hate and bias are treated equally under the law and to provide state officials and institutions with proper definitional tools for assessing the intent of persons who engaged in all unlawful activity. And to ensure that public institutions remain in compliance with the federal civil rights obligations I have with me Jordan here that it is an expert in this topic and will be more than happy to answer any questions by militant introduce himself
and and save a couple things for Mr or you're recognized state your name for the record thank you Mr chairman Jordan coat and thank you Mr chairman and members of the committee it's an honor to be here today I'm shorting cover the director of policy education not stand with us we're a nonprofit nonpartisan nonprofit devoted to combating antisemitism and misinformation about Israel and the Jewish people I'm also an attorney and I'm here to testify in support to Senate bill 118
this bill has a lot of misinformation sometimes surrounding it and so just the pre and thought I would like to discuss what this bill does and does not do this bill does not criminalize anything it does not limit or restrict any free speech whatsoever including speech thought might be anti semitic this bill does not create a new protected class of people and in addition this bill does not outlaw discrimination against the Jewish people because that is already a legal what this bill seeks to do is to codify a definition
of anti semitism for a very narrow purpose that purpose ultimately is to help government officials be able to better identify antisemitic motive in criminal activity and unlawful discrimination and second to provide government with that definition so to train government employees in the future how to better recognize anti semitic discrimination. Why do we need this definition now right now as we speak there's an anti semitism crisis surging throughout
America Jews comprise approximately 2.4 percent of the American population. And they somehow manage to suffer 60 percent of all religiously motivated hate crimes. What makes this even more severe as unforeseen according to recent survey 50 percent of Americans did not know what anti semitism Baltz so what is this bill ultimately seek to incorporate the definition that seeks to incorporate as the international Holocaust remembrance alliance definition
of anti semitism I was adopted in 2016. Why this definition this definition because the very vast majority of support by the Jewish community it is the consensus driven definition OB anti semitism for the Jewish community at large it's been adopted by over 95 percent of all the major Jewish organizations to comprise the conference of presidents and in addition to that this definition has been adopted or endorsed
by not large it's the consensus driven definition buying not large by society in general it's been adopted by over 1100 and cities worldwide. It's been adopted by a presidential administrations housing from both the Republican and the democratic parties in other words it transcends political party lines and in addition it's been adopted by institutions as large and as diverse as the global imams council the English premier league and Luton's airlines
I'm happy to answer any questions that you may hop today and I'd like to thank the great state of Arkansas for all it does to defend our people just one loss closing remark about the importance of this definition this definition was purposely dropped it to help us understand how anti semitism manifest both classically and contemporarily because if we are to try to address the anti semitism of the 19 forties would be drastically missing a lot of the anti semitism today thank you
so much thank you Jordan any questions from committee. We have a motion at the proper time any anyone else in the body of the audience and the. Speak for against the bill. Senator Tucker you're recognized for your motion. We have a motion to pass.
The second Senator Hester. Any discussion. This. Point of order of the representative didn't close for his bill. Senator Dotson would you like to close for you will. I'm sorry. I yes I just apologize committee I spoke so long and didn't allow him to to do the entire presentation but would appreciate a good vote thank you. All right. Any of the discussions Senator
Clark. Don't need to stick my foot my mouth again. All right all those of favour say aye All opposed the Bill pass The center Dr thank you very much. We have. Are you sure remember now if you want to build on Wednesday's agenda we need to know but today. Is there anyone here to president
Senator Wallace bill Senate bill 96. No one here are. Say no more business. We're Jr.
Agenda
Call to Order
RE-REFERRED TO COMMITTEE
SB59 L. Chesterfield TO AMEND THE LAW WITH RESPECT TO CIRCUMSTANCES THAT JUSTIFY THE USE OF PHYSICAL FORCE UPON ANOTHER PERSON.
REGULAR AGENDA
HB1098 J. Mayberry TO CLARIFY THAT A VOLUNTEER FIRE DEPARTMENT MAY OPERATE A NEWBORN SAFETY DEVICE UNDER CERTAIN CONDITIONS UNDER THE SAFE HAVEN ACT.
HB1004 Ray TO AMEND THE SEX OFFENDER REGISTRATION ACT OF 1997 TO INCLUDE DISCLOSURE OF A SEX OFFENDER'S ADDRESS TO THE PUBLIC; AND TO DECLARE AN EMERGENCY.
HB1245 Dalby TO REQUIRE A LEGISLATIVE STUDY OF FINANCIAL MATTERS RELATED TO THE COURT SYSTEM; AND TO REQUIRE CONSIDERATION OF LEGISLATION NECESSARY TO ADDRESS ISSUES IDENTIFIED DURING THE STUDY.
SB96 D. Wallace REGARDING THE TERMINATION OF THE OBLIGATION TO REGISTER AS A SEX OFFENDER; AND TO REQUIRE NOTIFICATION TO A VICTIM OF A SEX OFFENDER'S APPLICATION TO TERMINATE AN OBLIGATION TO REGISTER.
SB118 J. Dotson TO DEFINE THE TERM "ANTISEMITISM" WHEN REVIEWING, INVESTIGATING, OR DETERMINING WHETHER THERE HAS BEEN A VIOLATION OF LAW OR POLICY PROHIBITING DISCRIMINATORY ACTS OR PRACTICES BASED ON RACE, RELIGION, ETHNICITY, OR NATIONAL ORIGIN.
LAID ON THE TABLE
SB60 L. Chesterfield TO ABOLISH THE PANIC DEFENSE.
INACTIVE BILLS
SB81 D. Sullivan TO AMEND THE LAW CONCERNING OBSCENE MATERIALS; TO CREATE THE OFFENSE OF FURNISHING A HARMFUL ITEM TO A MINOR; AND TO AMEND THE LAW CONCERNING OBSCENE MATERIALS LOANED BY A LIBRARY.
SB182 D. Sullivan TO AMEND THE LAW CONCERNING PUBLIC RECORDING AND DELETION OF ELECTRONIC DATA.
DEFERRED BILLS
SB2 Gilmore TO CREATE THE "TRUTH IN SENTENCING AND PAROLE REFORM ACT OF 2023".
SB7 B. King TO ADD THE CRIMINAL OFFENSE OF PRESCRIPTION DRUG HARM OR HOMICIDE.
SB8 B. King TO CREATE THE CRIMINAL OFFENSE OF VACCINE HARM.
SB40 J. Boyd TO EXCLUDE FENTANYL TEST STRIPS FROM THE DEFINITION OF "DRUG PARAPHERNALIA" UNDER THE UNIFORM CONTROLLED SUBSTANCES ACT.
Adjourn
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE - SENATE AND HOUSE, Feb 6, 2023 | Agenda | 2 | Official source ↗ |