Judiciary Committee - Senate

This committee's been very patient to take our time in here whatever needs to be heard we may not be as patient today. Senator Ballinger do you have that bill ready Sir said of the one that. The state police testified on. Yeah. Five years. You're recognized central thank you Mr thank you medic okay this bill does just a couple of kind of small things one is that it provides a better more clear and unity if a healthcare provider draw blood draws blood they also clarified that anybody who is licensed by the state law law to draw blood could draw blood this course only applies if there requested by law enforcement to draw blood. State police is here to answer any questions if you have it and I'm I'm happy to answer questions pretty simple. You see the change in languages in two places at the bottom of page two and page page three. Okay. Questions for the committee. Anyone here to as well for against. Senator Ballinger clothes for your bill I'm closer to make a motion to pass. Circumcenter Hendren in the. Discussion. Hearing none all for the motion signify by saying aye aye aye All opposed. Congradulations Senator Ballinger you have passed your bill thank you very much Senator Tucker. Senate bill four seventy six. Senator Hester your dental to go. Thank you bill House Bill Senator Tucker in the one case for its house bill seventeen ninety one. Members it's a very simple bill this deals with concerning execution of a judgment and basically if you have a judgment that has to people's name on it this is an example and one of them is deceased then what when you go to execute that judgment or for collections you don't have to continue pursue both people right you can just pursue one of the time if you choose to. Questions from the committee. Of. Anyone here to vote for against saying none. For bill Senator Hester I'm closed motion to pass from Senator Ballinger. Circumcenter Johnson the discussion hearing none all promotions and public saying aye All opposed resolution Senator Hester pastor bill Senator Tucker. Thank you Mr four seventy six yes Sir that's the Senate bill seventy six you're recognized thank you Mr chair if your member this is the bill that I presented a little while back that if someone was evicted as a tenant as a result of COVID nineteen they could have that eviction records sealed in court and you already some questions and I have made for amendments to the bill to try to answer those questions one question raised by Senator Johnson was to define adversely impacted and I define that as a means a tenant's failure to pay rent was caused by the coronavirus two thousand nineteen pandemic another question raised was. We had a start date on the legislation of March first twenty twenty there is no end date for adding language to say the end date is a hundred eighty days after the end of the governor's emergency declaration caused by the coronavirus two thousand nineteen pandemic I'm a third question raised by both. The chairman and also Senator Stubblefield was how many times a person could make use of this procedure and there's now a limit of three times in the afternoon with the amendment that a person can make use of the procedure and then the last question raised by Senator Ballinger is whether having are referred eviction records sealed would inhibit the ability of a landlord. To enforce the judgment related to that of action and now says the sealing of the court record relating to an eviction under this section does not inhibit a landlord for enforcing a judgment entered against the defendant duty of action either in the jurisdiction in which the court records sealed or any other jurisdiction so I did my best to address all the questions raised by the members of the committee and that's the amendment so just with that I would appreciate a good vote on adopting the man. The motion to adopt the amendment. Circumcenter Hendren any questions. Our discussion here none all for the motion to have a say aye opposed motion carried Tucker you're right to present your bill thank you members and and thank you Mr chairman that we already discussed the bill once so I won't belabor again if there any other questions from the members the committee I'd be happy to answer but but that's that's really it. Questions from the committee. C. none is there anyone here so as far for or against saying notSenator Tucker you close for your bill yes Mr thank you members appreciated give up. Do pass from Senator Ballinger. As amended. Sure give a second any discussion. Well for the motion sickness. Discussion. Okay. What is it what was a nine. All opposed motion carried congratulations and to talk to your pastor bill thank you member state commission. Senator Hester. If if I can I believe that the the house sponsor is spoken with you she can well a please based on a bill that I had sent to the house instead she was a bit more continue to run that one we do want to continue to run this one house bill nineteen hundred. And it was moved to the deferred list on air I ask her to text you. And I believe that she has okay of but I'm shall run another bill referred to give us a minute on that one but I do want to okay I want to know if I can move it off the deferred list okay before we. Before you run another bill of. Members of the committee do you will suspend the rules to hear house bill nineteen hundred. Members I will tell you it was on the agenda this morning so was it like this is showing up it was actually on the regular agenda this morning but between this morning and this afternoon it got moved down to persons from the rules from Senator Ballinger. Thank you for Senator Hendren. Of. All promotions of Santa opposed okay we will hear that after we get copy Senator Hester what he got got house bill sixteen twenty five. Thank you Mr chairman members what we did a couple sessions ago we passed a bill that said six hundred can't be on a bike trails you know on municipal are a publicly owned bike trails but the a little part was learned after that there's a lot of times private property owners will give easements for their bike trails for some of these public bike trails we just want to clarify that that sex offender can't be on that easement even if it's on a private property also as long as the bike trail is a publicly owned and leased by trial. The questions from the committee say none anyone here to spot for against see non centrist records for your bill I'm closed. Motion the passion Senator Ballinger second from Senator Hendren any discussion none all for the motion signify by saying aye. Congradulations Senator Hester your pastor bill in I will wait until you say on nineteen hundred. H. B. nineteen. The. Okay staff for what is known we've got copies of Senator Ballinger you've got some real strong. Bills sixty three. It looks very impressive. So so sixteen ninety three is the of the Arkansas Bar Association has a committee within at the that will goes through uniform laws and so what this is This is adopting the uniform laws on fiduciary some of it's very technical but it just basically updates the code section and lot of deals with technology I have an expert back here who knows all about if you guys have specific questions that have not been. Which is for the committee. Motion. This is. This is just the coordination commission came up with all this stuff to basically no not not the code revision commission so this is this is the the a committee that deals with uniform codes within the Arkansas Bar Association so it is it is them coming and adopting updating the the code section so it's not the uniformed code region that's not the cultivation commission it's kind of a different deal but it is amended as it'll be relatively but nine as works of way through the process vetted by the committees within the Bar Association so the bar is is supportive benefits their bill so it there isn't any snakes in the grass but it's not cultivation there's no changes to intent of current law or stuff like that there will be there will be some changes from current law but it will be they'll be but nine though there won't be anything that's real substantive and I I mean this guy's years got a got a presentation he's waited here all day so I'm sure he'd be happy to come up and explain it better than I can. Yes. Identify yourself for the record. Tony Hilliard of tax lawyer the key thing to understand on this one is in the key changes that occurred on this a fiduciary income and principal that uniforms that is your income principal I've just been adopted by other states as well but the key thing to understand is that it makes it easier for trustee to adjust income and how you treat income within a trust where you've got income beneficiaries and the remainder beneficiary because that tension is an income beneficiary wants you to put everything in fixed and fixed income assets and a reminder beneficiary what you put everything in Walmart stock or whatever that's going to continue growing up and that's that's a good way for them to make a a fixed spending right and that's one of the key changes in this one which is why we see it as being important. It it it gives flexibility to better maximize the return often trust property primarily. The questions from the committee. Senator Johnson. So is this a lot of this line. This. From other states have a new this. Because it's all new language. Well. It's it is not it is something from the uniform laws commission of the National Commission on this one a lot of the language is not really new for instance and section for eleven we retain the issues in the way that you treat extraction of minerals and how much what part of that is principal what part of that is income The issue of the ability to do what are called essentially unit trust or use that fixed percentage if something were even Arkansas uniform principal income act which is the which is what you see all the lines from. They've always had the ability to adjust but this makes it a little more uniform and more consistent in the way that that's treated as well as requiring some notice to beneficiaries when the trustees Michael's kind of spending rate changes or adjustments. And what I mean so the bill is incorporating laws from other states it's there is a National Commission that deals with uniformed and so when they when they have specials we have changed and then federal tax code or we have a change in something they will they will look at the best way to adopted and then to create some uniformity they they take it and sell and there's a whole bunch a uniform laws we we never adopted Arkansas probably never will but some of them are are some that the the local Bar Association looks at the state Bar Association looks at reviews and decides to adopt with whatever modifications necessary for Arkansas and that's what you got for you. Other questions from the commission. The commission committed. It's like. Hearing none to have anyone else to testify for against thanks for non Senator Ballinger clothes for your bill. I am close I do make a motion to pass. A second from Senator Hendren any discussion hearing none all for the motion SingPost saying aye All opposed motion carried congratulations Senator Ballinger you have passed your bill. Representative Gazaway has for Bills he has set through two meetings waiting on us and he isn't Senate education is there anyone else here. Senator Hester. Mabilog. He's the guy responsible so. Senator Hester what bill you gonna run. House bill nineteen hundred. House bill nineteen hundred. Have we got nineteen hundred. Not yet met members I will. Senator Hendren has a copy I can pull it up. Your. Yeah that's the thing it's a page in a quarter okay. Helpful House Bill. Your bill could be affected by the fact that you promises hamburgers and we haven't seen anything so. Fair but as soon as this passes I'm running upstairs to get the insurer or reinsurer we've heard that kind of thing. House bill nineteen hundred I think we've all got it now Senator Hester. A great members it's a non members I will I will tell you The couple things are important but this one you've you've basically her companion bill for this that everything was identical with this is just basically made it an extreme effort to collect bail bond that over the past couple of years we've gone through you're busy with different sheriffs bell bonds the A. O. C. to the courts and just continue to get spun around and we just need some good information and so the last bill we pass it here said the courts are reported the House amended we've had a companion bill filed from the house in a minute to say that the a or C. wood duck collect some of this data it but in in transparency what what I would say is the AOC opposes this bill they've offered quite a few amendments and you know because we just moved from deferred on to on the agenda I do want you to know that the a or C. does oppose this. but they opposed in the House Senate passed easily and so this is basically the opposing doesn't surprise me the bottom line is everyone says they don't know it be have anything to do with reporting or collecting of any bail bonds that. And again this is a very small and narrow in saying that only the people that use our court connect that we pay lots of money for run these reports that the information that they have in cinema to AOC AOC will send that data to a LC for us happy to answer any questions and appreciate your furnace trying to be fair to a C. A. O. C. has texted me to let me know that they have lots of issues with house bill nineteen hundred and would have been here if they had known it was running. Source I know you all didn't do that on purpose right. All. So any questions for Senator Hester. Senator Ballinger. If my cell phone number two apparently at so the the question of the in that heat but yes Is that his lack of information like he doesn't have the information to to pass on it is is what do you we've what he's saying here is that I mean how would you reconcile that if he doesn't if he doesn't have that collected. What does he do. So the difference is that they do have it at least they have much of it that we know it comes on sentencing orders that are sent to them they just don't I guess what it says that other indexes maybe they don't index it they don't put it all into a report they do have the information for sure three data points that we know of that are put on the sentencing orders and every sentencing order sent to the AOC. I think it's probably inconvenient but the argument is like at some point it's inconvenient but we need the data somebody's got to start providing data. the bill bonds room working with them I think they're going to start providing some data that's not on the sentencing order they're just agreeing to it but I can assure you we've hit asset to conference call after conference call in the offseason with every single person in the chain telling us they can provide nothing at some point someone has to provide something to us. And if there if the report comes back to to they'll see it's as they just couldn't provide anything that I think that in itself is helpful. Right like if they want to come before us and submit a report that says there was nothing they could provide that that is helpful to move to the next step but what I'm unwilling to do is continue to go from person to person say that no one has it when we clearly know that they do it's just inconvenient okay thank. Other questions from the committee. Hearing none that anyone here to testify that. Happen to be here. Hearing none US secretary close for your bill I'm close. Motion to pass from center Johnson second from Senator Hendren any discussion hearing none all for the motion to have was saying aye All opposed motion carried resolution center history of past your bill. There is. Ferguson Gazaway. Your. Right. Thank you Mr chairman. Thank you Committee. I would take your most important bill first because we could boltcutter at any time no. These are these are fairly easy except this one so house bill fifteen oh eight this is representative brown's bill as she asked me about running for. House Bill fifteen oh eight. This would be the probably the most complicated bill. the. That we have this concerns various offenses throughout the criminal code there's several sections but primarily it's targeting rights it adds a new section for aggravated assault on a first responder but anyway I just kind of go through the bill section by section. What you perceive as a definition of first responder that's added that includes a law enforcement officer firefighter emergency medical provider merged management official. that who is acting in the scope of their employment section two concerns third degree battery and it adds to what constitutes third degree battery and knowingly causing physical contact with a first responder again which was justified by spitting throwing or otherwise transferring bodily fluids pathogens or human waste on to the person of a first responder. And then it sets penalties for if you do that involving a five for five first responder to a Class C. misdemeanor with a fine of twenty five hundred dollars and a mandatory minimum sentence of thirty days in jail. And so that's again it to protect our first responders. And make sure that there's punishment for those who would try to harm our first responders section three creates a new criminal offense aggravated assault against a first responder and this includes the things that we just talked about and also throwing objects such as bricks rocks bottles projectiles fired works chemical agents explosive devices. The reasonable person knows or should know would cause physical injury if they struck the first responder but then importantly that physical contact has to result in serious physical injury to the first responder certain so it has this is a pretty severe provision because it is a felony but I want to be clear that it has to result in serious physical injury which is protracted disfigurement we no broken bones starring things of that nature it has to either either have that. Involve the use of a deadly weapon for incentive thing here you think that we will lock no I think this is a good bill court is there any here anyone here to serve up for against. Are you closing your bill representative because I'm close for the bill appreciate a good vote motion the fashion center Johnson second Senator Ballenger any discussion hearing none all for the motion saying from saying aye All opposed motion carried congratulations represent goes where you pass your bill next. House Bill sixteen seventy. You're recognized president sixteen seventy thank you Mr chairman is really clean up bill simply says that it concerns when a prosecution is commenced and it says if a prosecutions commenced when there's an arrest warrant issued by a judge so we clarify that and that that arrest warrant has to be based on probable cause that's the law already and so we just clarify that the first section and then the second section simply deletes and unnecessary provision because what is section II concerning DNA testing that will allow for the statute of limitations to be told the legislature took care of that when they added subsection high which made or what is the new was currently J. but will do the subsection I made the previous subsection unnecessary so as to leading a section of underserved codes clean up in nature all it does. For any questions from the committee. Hearing none is there anyone here to testify for against saying No representative goes where your clothes for your bill I'm close for the bill would appreciate a good vote. Committee. Motion to pass president Ballinger circumcenter Johnson any discussion hearing none all promotions and public saying aye All opposed motion cared resolutions represent Gazaway affect your bill the next house bill seventeen twenty four. House bill seventeen twenty four and there is an amendment on this bill. We have the amendment yes. Can you tell us about the moment while the person out I will So this bill generally. Creates two new ways to be entitled to an order of protection one is if there's conduct that would be considered course of control and then the second way is if there's conduct that would be considered disturbing the peace and the amendment redefines disturbing the peace as a pattern of behavior so that's important pattern of behavior that unreasonably that's another important more destroys the mental or emotional home of a family or household member based on the totality of the circumstances so you know we're talking about someone who's engaged in a pattern of behavior and is acting on reasonably and so I think it it makes that disturbing the peace section of the the order of protection of. Much more appropriate than how it was originally defined that's what the amendment does not appreciate to that the amendment be adopted. Motion to pass up to adopt the amendment second from Senator Ballenger a discussion here none all for the motion signify by saying aye. Somebody. I'm. All opposed a motion carried to your. Amendment is adopted representative we would you like to present house bill seventeen twenty four or have you already present thank you Mr chairman and essentially I presented the bill it just creates two ways that a person additional ways that a person would be entitled to an order of protection again if they're engaging in the course of control which again is a pattern of behavior with the purpose to unreasonably interfere with the free will and personal liberty of a person and that's defined as an reasonably isolating reasonably depriving a person of basic necessities and reasonably regulating or monitoring movements and the unreasonably is the key thing there highs not allow that every instance and then I've explained already the disturbing the peace portion of it and so that's what the bill does it allows a judge to enter an order protection those circumstances and to restrain a person from molesting hurting striking stalking a person which is what we see in these types of cases in this conduct so that's what the bill does And I certainly would appreciate a good vote questions from the committee. Hearing none anyone here to. Speak for or against the bill. See non representative goes are you closing your bill and close for the bill would appreciate a good vote. Motion to pass president Johnson second from Senator Ballinger ended as amended any discussion hearing none all for the motion signify by saying aye. Oppose most carried congratulations representative goes well you have passed your bills thank you Mr chairman committee. What your two minutes of your time for your total bill so. As of two more. What you got House Bill sixteen sixty eight. You're recognized thank you Mr chairman this bill simply ups the penalties FOR stalking and we have stalking in the first degree and stalking in the second degree stalking in the first degree is currently a Class C. felony that carries three to ten years in the Arkansas department of corrections and it's a one six parole eligibility crime now stalking in the first degree is a very serious offense and it's rarely charged when you see someone who is engaged in the topic conduct that's required for stalking in the first degree you're dealing with someone who is very dangerous and who you know representative Slape said in the House Committee when he has seen true stalking cases that fit the definition it's preceded a murder or a it if they got arrested it likely stop the murder but you're talking about you know persons engaging in a course of conduct in contravention of a order of protection that puts a victim in fear for his or her safety and it goes on and I have to be armed with a deadly weapon you have to have had a previous conviction of stalking it's a pretty they're pretty rigid requirements for what it means to commit stalking in the first degree in the point is as a Class C. felony with one six parole eligibility even if a person is convicted of that offense and they get the Max they're probably only looking at serving about a year little over a year before they're eligible for parole in this is a pretty serious offenses rarely charged and so the bill would bump that to a B. felony which carries up to twenty years but again it was still be one six parole eligibility so even if they were convicted and even if they receive the Max but still be eligible for parole in about three years and get the Max would probably be unlikely same thing with second degree it changes it from a the felony to a C. felony currently the felony zero to six years this would change it to a C. three to ten but the one six pro will. Billy still applies so even if a person is convicted and even if a person gets the Max of stalking in the second degree they're only gonna be looking at about a year and a half before they're eligible for parole and that's if they get the Max which is very uncommon so these are serious offenses and so we're just trying to pump the penalties up on one degree that's what the bill does have to answer questions questions from the committee. Hearing none is there anyone here to testify for against the bill. Seeing none representatives were you close to your bill I'm close for the bill and would appreciate a good vote. Motion to pass from center Johnson. The chairs going to guess that. This is a discussion. The second. Any discussion here not offer motions impose saying aye All opposed motion carried congratulations representative god we have passed your bill thank Mister thank you me. Last bill okay House Bill sixteen ninety nine simply clean up bill the strikes to provisions in the current code in the second degree battery and third degree domestic battery statutes and want to be clear. Many sixteen sixteen sixteen sixteen items are. Go ahead so this simply clean up bill it strikes to provisions in the current code in the domestic battery statute specifically domestic battery second degree in domestic battery third degree and the provisions that it strikes provides beach of those provisions provide for enhancement the issue is is if you have the benefit of having all of the bad domestic battery statutes in front of you what you would see as in the first degree domestic battery it already provides for an enhancement and so if you want to enhance someone for because they've had previous convictions to charge him with first degree battery that's provided for in the first degree battery statute so this language that's in the second degree battery and third degree domestic battery statutes it's a purpose it's it's redundant it's unnecessary and so it's simply deleting that because it's already limited much like the three words that I just used to The. And. And so that's a. That's all it does and happy to answer any questions any questions from the committee. Hearing none is there anyone here just five for against the bill. See non representative are you closing your bill close for the bill would appreciate a good vote. Motion to pass from Senator Garner second center Johnson. Discussion hearing none all for the motion signify by saying aye All opposed motion carried congratulations represented as well you have passed your bill thank you Mr chairman those are all the bills that I have thank you committee. Senator Garner. What with the. Senator Garner would you like to present the amendment yes Sir the amendment fixed a few things we found I don't have it in front of me but I know what change the so the language that needed here I'd look at real quick. Yeah so it includes the cost of miscarriage and stillbirth it changes that the agency would be Rick could get some as money and some other things provides better dot the amendment act explained what the bill actually does. Motion to adopt the amendment Senator Ballenger circumcenter Johnson in discussion here none all for the motion signify by saying aye All opposed motion carried congratulations center or any of the doctors your amendment thank you you know off time we think about pro life in the form of abortion and it's the right way to think about it where we in the terrible practice for portion which is a pro life thing because it keeps the baby alive but also on the other side of the coin is the man that relationship who actually got the woman pregnant and why not make them accountable for their actions when it comes to that a sexual act of or otherwise what this bill do is require the man to step up and pay fifty percent of the medical calls and fifty percent of any kind of insurance premium or anything associated with it already had its in law after the baby's born we have child support another well established things what this will do is actually add that requirement as long as approval in court that the man has to pay for is a pro life bill because I think you'll give a man more skin in the game make them think about their decision before I do it and more importantly I think some women who may be on the fence about it once they realize they get financial support by make a decision to keep that baby and I think that's all of me what we all need with that I'll take any questions. Questions from the committee. Hearing none anyone here test for for against. Seeing none of Senator Garner you closing your bill I am close I make a note motion do pass as amended motion to pass as amended. Second from center Johnson. Any discussion here none all for the motion signify by saying aye All opposed motion carried resolution center grocery affect your bill did we did we deal with house bill sixteen ninety three. Do we pass seventeen ninety two. No Sir. We have not done seventeen ninety two. and there's no one here to present seventeen ninety one. Looks like we've done it opportunity to know him eighty nine seven we have sixteen twenty five we did Senator Tucker was on the run one of his bills. Committee we are. The I have a concurrence on house amendment that I think if if we got it okay it can I also have a bill that we just filed today that if without objection I'd like take up and I'm happy to explain that. I think it's a great idea. when will I start with the the concurrent house amendment. The SP three thirty four yeah. It was a good amendment what did you have it in there for you Senate down. Okay Mister Committee the the amendment actually on this bill dealt with at clarification in language and and I was also an attempt to take on the Arkansas department transfer transfer a transportation out of the bill all together the covered in separate code section and that was what the member was and I make a motion to concur in the house amendment. Any discussion. Hearing none all for the most as saying folks in our old posts we have concurred in the House men. So on Senate bill seven oh six of you guys would let me take it up I'll I'll explain it and it's it's tied in with this bill. We need a motion to suspend the rules I'll move that we suspend the rules to take up Senate bill seven oh six. You're the second center or. Always coming in to support my crazy stuff. Any discussion. None over the motion signify by saying aye All opposed motion carried congratulations your. We assist but what. So okay so what seven oh six is is as we discussed the Amendment to take are not out of this that we just concurred in well the amendment to come out of the a part of the code the code section part of the bill it didn't take him out of another part and we missed it before it ran on the floor passed the house and is back down to us and so we're going to see if we can get a nother bill pushed through the system that take them all the way out that it I don't think it's into the world of the doesn't get done but it was something that I committed to doing and then we just kind of missed the amendment didn't really cover everything without it so that's what it is if if you guys are okay with that I'd like a motion. Yep. Hearing none is there anyone here to testify up for against the bill that was introduced today. The Arkansas department of transportation will appreciate you all support sure a. Seeing none your clothes for your bill senator boulder high and close I make much to do at this house. So for from center Johnson any discussion hearing none all for the motion saying public saying aye All opposed congratulations good luck with getting that to the house yeah thank you Committee. Anything else. Yeah we we we've got no no he's this child's baseball game but now of. Then we will be adjourned until Monday afternoon except upon the call of the chair. Your.