Judiciary Committee- House

Get over here to read their bills but I see representative Mayberry is here so we're going to take her bill up first she's here in some membership you'll pull up house bill ten ninety eight house bill ten ninety eight representative Mayberry you're recognized to come to the table introduce yourself in any guests you may have with youth into the table and then you may proceed to present house bill ten ninety eight. Thank you members I'm state rep Julie Mayberry and before we get into the bill I do have an amendment to be done here and this amendment is very simple all it's doing is adding representative Duffield as a co sponsor on this bill. Members the amendments being passed out. To you. As soon as everyone has a copy of the amendment. Members I believe everyone has a copy of the amendment are there any questions in regards The Amendment. Seeing the question so I have a motion. Do I have a motion to adopt the amendment I have a motion to adopt the amendment. I'm. It it's a tough Committee. Wow members we do have a motion to adopt the amendment to at a co sponsor any discussion seeing no discussion all in favor please say aye. Any opposed. Is have it your amendment has been adopted we will now recognize you to present house bill ten ninety eight as adopted good luck thank. Well hopefully with a little smoother first of all I a I want to make sure that you all are aware of safe haven baby boxes this was legislation that was passed in twenty nineteen and you may not know what a safe haven baby boxes but in this state right now we do have eleven fire departments that have a safe box to allow a woman who has just had a baby within the last thirty days to surrender her baby anonymously no blame no shame for whatever reason that mom feels that she cannot care for that child and she is in a loving way is giving the baby over for someone else to live in care for and they are boxes that have security their boxes that are air conditioned heated and when the mother places that baby in this box and alarm does sound to let abilities know that there is a baby there in the State of Arkansas since twenty nineteen we have safe three babies this way Benton which you will hear their story in just a minute they were the first baby box in the state of Arkansas and the first to receive a baby con way and also more male. When I went to my local fire departments and started talking to them about having a baby box because I believe this is something that my community would very much support and would want I realize that my volunteer fire departments even though they are have paid staff the majority of the time there were a few little ships like two hours on the weekend for this amount of time in about two hours here that weren't covered twenty four seven and because of that even though they have paramedics stationed at that fire department and even though there is EMS across the street from another one they were not able to have a baby box and what we need to do something about that because we need more of these around the state and so I went to Arkansas right to life I have road men's here who will also and give her testimony in a second and we reached out to Monica Kelsey who is with safe haven baby box they do this in many states around and I asked. What are some security measures that we can do our any other states allowing this and she said yes in Indiana as a matter of fact we are allowing that and with these parameters to make sure that it's safe and that the baby that there's no harm to the baby and as a matter of fact in Indiana two babies have been surrendered at one of these volunteer fire departments and responses been in less than five minutes and beautiful stories have come out of that so just just so you are aware you know there is a dual alert system. When the baby when the devices opened immediately it sends a signal to emergency medical services so nine one one knows right away to dispatch someone there's a surveillance system that has video surveillance twenty four hours a day and two firefighters are responsible for monitoring that for twenty four hours constantly the fire department must prove that they can respond to the infant within at least four minutes and it also must be located within one mile of EMS so I did get a request in from a member here that was asking what about this you know really rural fire department they hardly ever have volunteers there in the middle of no where it you know is that safe and I said well they wouldn't qualify under this so it doesn't mean that every volunteer fire departments that we can have this we want to make sure that the babies are safe and they must meet at their stringent regulations I do want to say where the other baby boxes are in this state right now so we have to in button to invite yours one in Springdale Jonesboro Conway Maumelle Fort Smith elder radio and Nashville and I'm gonna let road means taking over from here I tell you what just a second represent me see if are there any questions or representing Mayberry on this part. Hi si NO questions miss ma'am you're recognized. Thank you madam chair woman and committee members good morning. yeah I just wanna make one correction to something delays that there are eleven boxes in Arkansas ten art by departments and there's one in a hospital down across it so with the safe haven and a law allows for the safe deal but surrender of an infant in Arkansas thirty days or younger at a law enforcement agency a hospital or in twenty nineteen we added fire departments in the sponsor the bill at that time was Senator Cecile Bledsoe into theory adamant. The man fire departments but this is Julie said we started hearing about that some of the volunteer fire departments around our state that do have the EMS station really close by and so she was really interested in expanding the bill of the law to allow for strict Requirement you know that the M. S. as services were right there at a volunteer fire department to allow for the the the expansion of fire departments in our state I like Julie said the there has been three save surrenders those babies were healthy babies whose moms could not parent them for whatever reason wanted that anonymous way to deliver her in but. Safely and that baby again was eight months after the dedication of that box so you know it's so important in these children now with forever families so we want to add more boxes around our state and we are getting more boxes is delete mentioned but this is a a good bill and we appreciate representative Mayberry bringing this to you and we expect to appreciate a good vote thank you. Members are there any questions. Senate to which when you're recognized for a question. Thank you madam chair just July if you would remind me how we pay for this so it's private Lee fund raised and you can hear from that and how they did it a lot of. It's it's been done differently in each area but often there's a group of people who volunteered to fund raise to raise the money that's required to have the installation of this save baby box and there is an upkeep on it as well it's a small fee. Thank you thank you manager. Members any other questions representative Richmond you're recognized for a question. Thank you madam chair. Thank you so much a lot. In that sense of in it was an honest mistake I apologize representative. So actually representative Richmond brings up a case so decide to fund it what does it cost so how much with the group whatever have to raise and do you any idea on what the ongoing costs associated with that would be yeah I I can tell you that I don't know the exact cost right this second because it has increased a little bit only because everything has increased. I think the initial cost and going on information I got recently is about fifteen thousand dollars but their on going cost due to the you know testing but our firemen there here today will be able to tell you what cost in bed and they were the very first box everything is gone up so it and that has gone up also thank you. And I do want to say there's no requirement that they have this is voluntary you know it's the community saying that we we want to do this and and I do want to bring attention to one of the part because I don't want anyone to say well you never mentioned that that was in the bill so one other thing that was really important to Monica Kelsey from safe haven baby boxes was the realization that in Arkansas we have law that if a mom is in the hospital and she delivers a baby. And she knows right away that she does not want this baby. She cannot anonymously surrender that baby right there at the birth in the hospital but she could walk out with the baby out of the hospital turn around and walk back in and surrender the baby. which seems kind of crazy why why are we going to allow someone to surrender a baby but they have to walk out of the hospital that just seems kind of crazy and if they walk out of the hospital they may not return if this is a baby that they don't want who knows what environment that child might be in and she very much even though she appreciates that and and supports and and advocates for the safe haven baby boxes she knows that the very best way to bring to to care for this child is to get them in the hands of medical professionals as quickly as possible so this law would allow someone at birth to surrender their baby there in the hospital without having to walk out the door. Senate bill you're recognized for a question. Thank you ma'am chair miss Mayberry you may have answered but. Hosiery when we locate a new box who's responsible for notifying nine one one and the proper people. That the fire department I mean there there is an alarm on the on the safe haven baby box that immediately goes to nine one one fire department is to notify whom ever there there is coordination all at the folks who've been there done that kind of explains some of that if you don't mind because they would know more the specifics of how it was done there and Benton and how would be done and carried out thank you. Any other questions at this time seeing no other questions we do have some individuals who have signed up. Mr bill form if you'd like to come to the table. Once you come to the table if you identify yourself for the record then you may begin to make your statement thank you. Good morning thank my chairpersons are amended bill Ford and retired chief that are all but I retired approximately eighteen months ago and we were the first department have a baby box of. it started after the bill was passed in two thousand nineteen we inquired about the box and. Low and behold the. Throws me in the aggravated me to the point that I had for me and so. So anyway it all it all has. Come off with no problems what so ever as she stated eight months after the style we did receive our first child of for lack of a representative may ask House. EMS notified it's all through an alarm system you know it's it's automated the call goes to the nine one one center our call and also go to be the chief get up I call it would go to the on duty battalion chief it would go to the Senate to chief so on a redundant system on how how all parties were notified so it it was a. It's fail safe system No Way Out. Mr Ford would you entertain any questions if we have any hello members are there any questions of this witness. Senate questions thank you for coming today Mister you work we also have Mr Evans Russell eleven come forward. Beg for the bill Mr Evans once you get to the end of the table to state your name and you may begin yes ma'am Ross Levinsohn the current chief of the bit fire department. I don't have much more than than what she forward spoke of I will tell you that there is a three pronged approach to the alarm system it notifies when the doors opened it has a light beam inside of that baby box so it notifies when something enters the box and it has a pressure plate inside the bassinet so would notifies. All three of those individually is an alarm sent to our dispatch system as chief Ford said it does notify several people at the fire department but also as a as another form of redundancy at that same time it dispatches our ambulance service and our police department so on the rear of our facilities we have manual key pads so that the any of those personnel can enter the building if by chance are personnel around the fire or EMS run. Mr Evans who you entertain questions yes ma'am representative Henson you're recognized for a question. Thank you madam chair just real quick it would representative Mayberry had referenced some ongoing upkeep and maintenance obligations could you explain sort of what that looks like and about how much it costs certainly that is a standalone cellular monitoring service so it it has to be separate and independent of the buildings alarm system so there is a fee monthly for that ours is currently thirty eight dollars a month for that monitoring fee safe haven baby box has the what I would call more like an administrative fee yearly and that fee is actually dependent upon when you signed that contract so what it would be currently for a new box I do not know I will tell you that ours is two hundred dollars a year and that is for professional services and inspections through safelite. Members any other questions. Thank you service for being here representative Mayberry you're recognized to close for your bill. Members may make it simple I would appreciate a good vote. Members represented Mayberry is closed for a bill do I have a motion. We have a motion do pass as amended. Is that correct okay we have a motion to do pass as amended is there any discussion on the motion. All in favor of the motion please say aye. Any opposed motion carries congratulations you've passed your bill as amended thank you thank you members. Members let's turn to house bill ten eighty eight house bill ten eighty eight. Representa feels my understanding that you'll be presenting this bill on behalf of representative very so you're recognized to come to the table. And to present house bill ten eighty eight. Thank you madam chair. Representative berry could not be here today due to some obligations and some other committees so yes me to run this bill form House Bill Clinton AT let me help hold I guess we have a an impact statement so when you get that impact statement I'm sorry I apologize yes ma'am thing on the second. The sentencing impact statement that will be coming to. We give the member site then I apologize give the members a chance to read the impact statement. Members who are new to this committee we often have impact assessment statements by the sentencing commission as well as fiscal impact statements. So if you'll just take a moment to familiarize yourself with that and then representive def Health I'll give you the nod to start in. Members if you have the opportunity to read it will just kind of look up here so I can gauge if everybody's. Good with it. Okay all right now with that we'll pause in the post in the action represent the field you're recognized to present house bill ten eighty eight on behalf of representative Gary. Thank you madam chair house bill ten eighty eight is adding some definitions and this is an act to amend the definitions used in relation to the offensive threatening a judicial official or juror and for other purposes. And if you look down at section one. One. Originally it's sedated immediate family means the spouse or child of a judicial official or drawer what this does what add the word panicked to further add protection to the parent. And then if you look down as section to see. This bill will add prosecuting attorney or deputy prosecuting attorney and that is the only changes to this bill that it definitions to add some further protection to keep people from being arrested the situations. Members that we have any questions to represent the field. Seeing the questions we do have a couple of folks who signed up we have Greg Parrish who signed up to speak against the bill Mr perish. You may. This is Mr Rosenzweig if you just each identify yourself and you'll be recognized to speak against the bill. Jeff Rosenzweig Arkansas association of criminal defense lawyers and prescribed parishes the director of the public defender commission of the bill the definitions is currently of and are involved judicial officers or your of course judges administrative law judges people like that you're wanting this bill would add people who are representing party litigants instead of decision makers and it is going to it is going to run a significant possibility of a lot of mischief they did not have the of the proposal before you does not have the low in it to which it pertains that law has some serious constitutional issues talks about directly or indirectly making a making a threat in it talks about property but doesn't find property is it it is their intangible property as well as real property is almost never a prosecution under this under this what what this would do is run the risk of chilling of A conversation sometimes heated we have between of prosecutors deputy prosecutors defense lawyers that type of thing particularly when you're dealing with something as amorphous as of indirect threats if someone might or something all of that guy didn't do something I'm gonna pop Amendment knows that's a felony under this law. Even if no one ever has any intent to do anything it's one thing to protect judges and jurors that's that is appropriate because they are the decision makers but to add it to one side of the. Shall we say the person in the trenches were you're just naturally going to have disputes which will sometimes get get heated and to make any such statement even made not to anyone in particular but just sort of muttered a You know a felony or give someone the leverage to charge a felony is going to be a significant problem I don't think we need it I think the the terroristic threatening laws already deal with this so I don't think I don't think we need to add prosecutors or deputy prosecutors to to this particular legislation. Correct errors Arkansas public defender commission along the labor what Mr Rosenzweig said but I can tell you in thirty plus years of defense work and prosecution work this is an adversarial system. And it's never uncommon for us to have worked both ways both ways. You know we can be best of friends at a social gathering but tomorrow we're in court and we're battling. These are high stress cases and I hate to think that this law been in effect for thirty years the number of times I could have probably been charge for some of the things I said. in the heat of quote to go she Asians or battle thank you. Members are there any questions the representative Richmond you're recognized for a question thank you madam chair. What you're saying seems like it's some pretty serious consequences if that if this particular bill passes and becomes law but so does that mean because in front of us we have the Arkansas sensing Commission is given this impact whether in the very last line. On this it says for this reason the projected impact of the proposed bill is minimal. And my quick are they misleading us well as particular letter well I haven't seen the letter but I I can tell you this I hi I regard in previous sessions have regarded their estimates with some skepticism the problem is you got to issues you've got the actual people who are charge but you also have the chilling effect that you're going to have prosecutor tells Mr Perisher someone I hear you said so and so about me and if you raise this point I'm going to you know what we we can think about you know we can think about charging you you run into all sorts of potential for mischief that you simply don't need to have and and because it has some are frankly some first amendment consequences and chilling is a a chilling of speech is a consequence under the under the first under the first amendment as well. Follow up manager you're recognized. Do you have a problem with parents being added to the line up with regard to the parents of of judges or jurors no I don't have a problem with that because they are are you know I I could see possibility of mischief there but judges and jurors are are entitled to special protection under the law I can't in court go up to a judge or juror or and and talk with them and get into a dispute with them but I can and am expected to do so with the prosecutor or deputy prosecutor. Thank you Sir thank you Mister. Members any other questions. Seeing no other questions we have no one else who is signed up to speak for against the bill. Represent the field you're recognized to close for the bill thank you madam chair thank you Committee appreciated do pass. Are you are you making a motion for do pass yes ma'am. Members we have a motion to do pass on the. Four is there any discussion on the motion to do pass. Seeing no discussion all in favor of the motion say aye. All opposed say no. The nose have it the bills failed. Okay members let's move to. But moved to house bill ten oh four house bill ten oh four represented Friday. Representative ray has an amendment that is being a passed out at this time. Madam chair also have a couple of guests that I'd like to invite not hang on just a second let me get this amendment passed it was. Engine just a second. Ma'am. Here I have your or destroy a bigger amendment. Do you like our last bill that we discuss do you have a financial. Impact study. As a fiscal impact study been done representative right no manager there's not okay. We'll and your sentencing commission as have you have the. Of prayer to report for you know but this bill doesn't deal with with criminal punishment the the sex offender registry is a is a civil matter it It represent rate it in this committee they can always ask why and whether or not in the presenters opinion whether is entitled to or not but my question to a representative berry are you asking for a fiscal impact statement. Well I think this the that would be made I think that be necessary would not okay and are you also asking for a US sentencing commission report the trump okay members of the Senate the new serial since we have a member who is requesting a fiscal impact statement and the sentencing commission report let's see do I have somebody from the sentencing commission there you are back there you've heard the request okay without a represent right we're going to have to put your bill off until we get those two reports. Ms brown will but will notify the FNA to get that report and we have the sentencing commission and this compact should come back fairly quickly we should have on maybe by the end of certain by the end of next week but we have that we're going to have to do for you not deferred not put it on the. Put it off and as soon as I'm notified that we have those two reports will hear your bill okay thank you. Members five see I think I saw representative Vaught there you are representing Vaught his entered the room. So members let's turn to house bill eleven twenty three and house bill eleven twenty three has an amendment I believe actually Vaught you signed your Amendment haven't you okay. Eleven twenty three. Yes house bill eleven twenty three. The amendments being passed around. I believe all the members have the amendment you're recognized to present your Bennett to health bill eleven to twenty three thank you madam chair so the amendment is just deleting line thirteen and substituting the following the circuit court shall grant the petition if so what is put in back in the language that was in the previous bill in statute that I had actually. Inadvertently changed how. The a shifting of the burden that that's what I'm looking for thank you madam chair shifting in the bag and I didn't mean to shift the burden. Members you've heard the explanation of the amendment are there any questions to represent about us to the amendment seeing no questions so I have a motion to adopt the amendment I have a motion to adopt the amendment is there any discussion to on that motion seeing it no discussion all in favor to adopt the amendment please say aye. Any opposed say no The Amendment has been adopted you're now recognized to present your bill as amended thank you Committee and thank you madam chair so this has already been in place for veterans in the state of Arkansas after three years they can apply to get back their own personal gun rights for concealed carry and this right here is just making it where everybody can enjoy that same Procedure so it works for veterans I think it should work for everybody and this is only if they voluntarily put themselves into a mental facility. Membership for the explanation are there any questions representative council you're recognized for a question thank you madam chair and the Bill I'm fine I just I'm trying to reconcile this amendment language and I want to make sure that it says what we want to say because it feels like it's now. I'm probably just misreading us but if we go to page three and look at line thirteen. The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence that the petitioner is likely to act in a manner that is dangerous to public safety. Do you see what I mean there's a negative that's missing that we need to if we're going to make that an amendment you have to put that not back in. Yes I believe get a good catch that's what unless was there until I did and I took out the unless because that's what I was guided to do yes I. T. what members let's just you're the last bill okay let's take a ten fifteen minute recess and let's get bill are to come over with with that Amendment then it as restores the original language which I think is what you were wanting to do is restore the original language so we can let's just take fifteen minutes to take a long to get it over here and then we'll get back on track with your bill apologize for any inconvenience thank you madam chair. Members we're gonna be in recess for fifteen minutes or so until we get that Amendment over here. Members so that's kinda start gathering up. Members. Let's start again during. Control. All right members start taking our seats the amendment has been sent to us. And. Well. Back this sucker up and start all over again. But fortunately we have the time to do it today and. If anything before we go back on camera if anything that I think the most crucial thing we do in this committee we want to get it right because we do impact every citizen in this state at some level and so. And I appreciate representative fonts patients with. That but I would rather us take a recess and get caught today as to opposed to having her have to come back again yes since we have or captured all right you know we're going to go back on. She did share is now back in session members where we left off before we took the recess we are on a representative Vaught said bill house bill eleven twenty three and she had presented the an amendment we voted on that amendment now we have let's call this a substitute amendment the traffic will clarify and get us back on track in so representive thought we now have everybody has to put it on the amendment let's run that amendment thank you madam chair I would like to personally thank representative council for catch and that little mistake there so we can get it fixed in this committee and I appreciate madam chair gallon out just for a few minutes and allow us to get the amendment over here so we can go ahead and move forward with this bill so um this amendment will fix that spot on page three line nine fifteen and seventeen. We put back in the wired not. All right members you've heard the explanation. Of the amendment there any questions do I have a motion to adopt the amendment I have a motion to adopt the amendment in a discussion on that seeing no discussion all in favor of the opting the amendment please say aye. The Amendment has been adopted representing Vaught will start all over again good now recognized to present your bill as amended thank you madam chair so again this procedure has already been working for veterans and all we're doing now is saying everybody will have that same in advance that same right to to be able to go back and seek their concealed carry gun rights and with that I would appreciate a good vote on members do we have any questions. Seeing no questions we have no one who signed up to speak for against the bill Recca representative thought you're recognized close for your bill I'll close I appreciate a good vote members representative thought his clothes for bill I have a motion on the floor of motion do pass as amended is there any discussion on the motion. Seeing no discussion on the motion do pass as amended all in favor please say aye. Any opposed say no the ayes have it congratulations you passed your bill as amended thank you Committee thank you madam chair members of the committee of I have nothing else that anyone who's come to me today saying that there. Ready to run I have not heard from anybody. In regard to those what should your text messages I apologize to representative Milligan he got left off the text message listed in all right in the so yeah I'll be nice to him today he's feeling left out and I apologize for the preceding Milligan what you text messages as soon as I know that we have something ready to go I'll let you know otherwise kind of just watch the calendar get yourself brushed up on some things folks may walk in here we may just have some that pop up on Tuesday we got out an hour early I thought it would not have taken this a little longer I think it probably would have taken us longer had some things not gonna say Hey come on but with that you have an hour before we have to be back in session I appreciate your hard work today thank you all for being so diligent if at anytime you have any questions of representative very me please do not hesitate to contact us and with that we are adjourned.