Judiciary Committee- House

Solace. Next bills house bill fifteen twenty five representative Lundstrum. You're recognized come to the table and present your bill. Members there is an amendment that will be passed out to you so. Since we get the amendment passed out representative Lundstrum I recognize you to present your amendment. All right members I believe all of us have the amendment representative Lundstrum you're recognized to present your amendment to house bill fifteen twenty five thank you chairman Dalby I'm with the chairman's indulgence I have two expert witnesses and witnesses I've asked drive down to speak with me today if I could have them come to the table on the amendment let's get your amendment yes first. colleagues this amendment it clears up some concerns that the Folks had on this bill and hopefully this will address. My amendment my bill Hopefully address the concerns of the body as well. Members you for the explanation of the amendment is or any questions regarding the amendment. Do I have a motion to adopt the amendment of a motion to adopt the amendment any discussion all in favor the induction the amendment please say aye. Any opposed motion carries your amendment has been adopted now you're recognized to present your bill I will allow if you have someone here who can maybe shed some light the the committee needs to hear okay I will allow them to come forward thank you if I could have Mr Smith and Mr Upton come up and while they're coming up I will remind everybody we have been through this and my witnesses realize that we are under a time crunch with the end of the session And we will make this brief. I feel introduce yourself body. Good morning of mine the. Allergies this morning hello my name is Danny Upton I am a retired law enforcement officer in the northwest Arkansas I have over forty years of law enforcement experience I've actually retired from two different law enforcement agencies. Of but I am currently the head of a security company that provides security at a marijuana dispensary. A location in Prattville. So I'm here actually speaking on behalf of house bill fifteen twenty five. In that we're trying office mixed location to read as well. A unfortunately. Some folks have viewed House Bill fifteen twenty five in the detect undermined Amendment ninety eight of the Arkansas constitution. and I believe that is in president maybe to this committee as a temp to create a hardship on medical marijuana patients and their lawful most new use of medical marijuana. Your thank there with my law enforcement background that I would be against medical marijuana in reality I am not I'm actually an advocate of medical marijuana I don't use it myself I am not a patient but I have seen many many cases at the dispensary or I believe medical marijuana is beneficial. However has a law enforcement officer Amendment ninety eight contains several prohibited acts with the use of medical marijuana and the use in certain places Richey includes hello. Go property school buses or public places alcohol treatment correctional facilities there's a number of places that Amendment ninety eight designate as a place not two use medical marijuana and what this bill does is actually give law enforcement local law enforcement the ability to enforce those prohibited acts I actually consider house bill fifteen twenty five as a pro. Amid the Amendment ninety eight bill dot a anti medical marijuana in any form additionally a House bill fifteen twenty five. Rex the ability to bring medical marijuana purchased all marijuana at all purchased in another state sledge what we're seeing in Northwest Arkansas marijuana that is purchased in Oklahoma this brought across the state line and then people try to use or Arkansas medical marijuana the card aye finance for having it in their possession. All we're really asking for is the ability to enforce the current prohibited actions under Amendment ninety eight we're not trying to create a hardship on anyone we're not trying to the undermine the bill or amendment ninety eight in any form. In addition it has been. Pointed out that you know what we've seeking for is the lowest classification of a Class C. misdemeanor that's the lowest misdemeanor. Class fun misdemeanor that's in honor our books this time. That's about all I can say analysts have any questions I'll be happy to answer. Members are there any questions of Mr up. See note saying no questions thank you Mr Upton for your testimony thank you representative Lundstrum. Colleagues I think that sums the bill up we've answered the questions for everyone and we've also made the adjustments in the bill with that I would appreciate a good vote. Members hang on just a moment we failed to get she from outside to see if I have any additional people signed up to speak for against. We have no additional people who signed up to speak for against the amendment I mean against the bill a representative Lundstrum has closed for her bill what are the wishes of the committee. We have a motion to do pass as amended. We have a motion to do pass as amended 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 say no the ayes have it congratulations you've passed your bill is amended thank you colleagues thank you for your time. Thank you. Representative guess what you're recognized come to the table and present House Bill sixteen sixty eight. Members there is a financial impact statement. On house bill sixteen sixty eight so you. Wish to take a look at that. You're recognized represent Gazaway. Thank you madam chair committee the bill that you see before you house bill sixteen sixty eight. As a very simple bill. And it does two things. One is it changes the penalty for the offense of stalking in the first degree from a Class C. felony to a Class B. felony and then secondly it changes the penalty or against nature degree of the offense of stalking in the second degree from a Class D. felony to a Class C. felony. What does that mean in practice Class C. felony. Carries between three to ten years in the Arkansas department of corrections. Which sounds like a long time but let me explain that it's a one six the parole eligibility crime which means if you got the maximum sentence for stalking in the first degree of ten years under the existing law you would be eligible for parole in one six the time that would be a little over a year. And the purpose is is to that when we increase these penalties is to have some meaningful punishments in place for someone who commits these offenses. And stalking specially stalking in the first degree is such a rare offense that you ever see charge anyway because it requires such a serious conduct in order for it to be charged and so let me give you an example of what stalking in the first degree as stalking in the first person commits stalking in the first degree if you're she knowingly engages in a course of conduct so it's not just like a one time thing or you know two times we're talking about a course of conduct that would place a reasonable person in the victim's position under emotional distress and in fear for his or her safety or third persons safety and the actor does so in contravention of an order of protection so in other words there's already been a finding. That the person has committed an act of domestic abuse and there's been an order of protection against a. if you've been previously convicted in the last ten years of one of these offenses that bumps it up of stalking in the second degree terroristic threatening. Or you do that conduct out of state that bumps it up to stalking in the first degree or is armed with a deadly weapon and represents by word or conduct that he or she is armed with a deadly weapon. These are the types of things that a person has to do in engaged in a course of conduct and representing that they're armed with a deadly weapon this is over a period of time this is not something that you see regularly charged. I tell you all that to say that when you bump up the penalty from a C. felony to a baby felony that just changes it from three to ten to five to twenty it would still be a one six parole eligibility crime so even if you got the maximum sentence of twenty years. you know you're still not looking at serving a whole lot of time before you're eligible for parole and so the thought behind the bill was that this would be an appropriate. A punishment for someone who engages in such serious conduct a stalking in the first or second degree and so with that I'm happy to answer any questions. Represent Collins you're recognized for a question. Thank you madam chair thanks representative Gazaway so you know I brought a bill that increased and penalties recently myself and you know I obviously we always have to be careful when we do this because these are high penalties already but the prosecutors association supported my bill want to make sure this support reaches neutral how they feel about this bill. So the. I'm not sure that we've had in in depth discussions about it they've certainly not told me that they're opposed to it it's been filed for a long time this is a bill that came from a little rock prosecuting attorney's office. that they they ask for released want one prosecutor there I think it makes sense and so when I sat down with that prosecutor who explained to me and and I know just from my experience again into the nearly nine years that I did it I can hardly recall an instance where a charge stalking and if I ever charge stalking it would had to have been a really serious event that was going on serious a series of events that was going on before I would ever charge talking you know before you get to stalking you're probably gonna get harassment again for stalking in the first degree already in one instance have to have an order of protection that's been entered against a person and so we're talking about an offense that's rarely charge and only charge the most serious of circumstances and so when you realize kind of how low the penalty is now for what for how serious of an offense this is to me when I sat down with this one prosecutor and we discussed it was explained to me it made sense. And so you know again I can't imagine the prosecuting attorney's association be opposed to it but I can't say that I've had in depth discussions with him about it. Are you get representative Collins. You're recognized for a follow up. Thank you and I I appreciate that it could be a very good bill I'm just interested in how these punishments factor into the overall set up that we have here at the prosecuting attorney's association is here thank you comment on it that would be helpful for me just to know if we have the tools with seeing the felony that are sufficient or or if we really need to step it up but if they're not here then that's okay to. Sure I'd be happy for them to come to the table they'd like in it and give their perspective Mr McMahon or anyone from the prosecutor's association. Have not seen them representative Collins so I'm anticipating that they're not here but. We can certainly text him and ask him to get over here that's. I would just say in response to that I think if they were too concerned about this bill that would have made it a point to be here the fact that they're not here to me indicates that they weren't too concerned about it so. Members any other questions. Seeing no further questions we have no one who signed up to speak for against the bill representative guess what you're recognized to close for your bill I'm close for the bill I make a motion to pass appreciate a good vote. Members represent gas was close for his bill is made a motion to do pass is there any discussion on the motion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you've passed your bill. While I have you down there let's move to House Bill sixteen sixty nine members house bill sixteen sixty nine. Represent guess what you're recognized to present your bill thank you madam chair this is really just to clean up bill basically removes language that is unnecessary from the. Domestic battery statutes that allow for enhancement. The way that that these these provisions are worded they're not necessary you can already get an enhancement it's set forth in the law. Without these provisions these provisions actually make it a little less clear than what it is with these provisions you can already charge battery in the first degree I believe without having these provisions under domestic battery in the second of domestic battering the third in order to get an enhancement and so the thought was these provisions are unnecessary they make the statutes more complicated and we would be better if we just deleted those sections because the enhancements already available under reading of domestic battery in the first degree when you look at that statute so that's what the bill does happy to answer any questions. Members are there any questions. Seeing no questions we have no one who signed up to speak for against the bill represent guess what you're recognized close for your bill thank you madam chair one thing I would say is it would make it easier and you know how these bills come from BLR. You don't have the complete picture in front of you if you actually have the domestic battery in the first degree statute in front of you it would make it clear to you when you read that statute that if there are multiple offenses that's one of the things that makes a person eligible to be charged with domestic battery in the first degree and so again the lank this language that's and domestic battery in the second degree and domestic battering the third degree statute or just a necessary if you could actually see domestic battery in the first degree and see that statute front of the you're recognized that this language in the second degree and third degree statutes is superfluous and unnecessary and so without that's what the bill does And I make a motion to pass some would appreciate a good vote. Members we have a motion to do pass on the floor is there any discussion on the motion. Seeing no discussion all in favor please say aye. Any opposed say no the ayes have it motion carries congradulations you have passed your bill. Members let's go to House Bill sixteen seventy. House Bill sixteen seventy and representative Gazaway you're recognized to present your bill. Thank you madam chair. So this is another bill again that comes from Pulaski County a prosecutor what I would tell you is that there was some concern when we discuss this bill that. The way the statue is currently written it makes it hard to charge. People with crimes who are trying to evade Basically evade being charged by leaving the state for instance and one of those one of the ways that happens is the way that we define when a prosecution is commenced because that's what triggers the statute of limitations and that triggers things like speedy trial and so basically what it said what this bill does is in subsection out we added a prosecution is commenced when arrest warrant is issued and then we make specific when it's issued by a judge. and then and based on probable cause. Because my understanding is sometimes arrest warrants are issued the these these warrants get issued kind of like by the clerk's office And I understand this is not a common practice but these things are issued and that triggers the statute of limitations and it triggers the speedy trial rule and we want to make it clear that if there's a warrant issued it has to be issued by judge and has to be based on probable cause that's already differently the requirement in the law and so it just clears that up if there's any just warrant that's issued has to be based on probable cause of these to be issued by judge if it gets issued some other way it gives a defendant a loophole in argument to claim that well there was that warrant issued in that triggered the speedy trial rule and that triggered the statute of limitations to begin to ride and therefore you can't charge me now and so this was an attempt to kind of clear that up I think it's a based on existing law and then it deleted it deletes in section two some unnecessary language. That's my understanding of what what the bill does And happy to try to answer any questions. Members are there any questions. Seeing no questions we have no one signed up to speak for against the bill representative guess what you're recognized close for your bill the manager close for the bill to make a motion to pass members we have a motion to do pass on the floors or any discussion of the motion. Seeing no discussion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your. Members let's turn to House Bill seventeen twenty one there is a financial impact statement on your desk in regard to the house bill seventeen twenty one. Represent Gazaway you're recognized to present your bill. Madam chair with the with the chairs permission. But I would like to do these bills are kind of involved in and and a representative Clowney has been involved. with this bill as well and and with the drafting of this bill. If the with the chairs permission could we pass this I don't believe the presentation will take too long but I haven't had an opportunity to coordinate the representative Clowney and I want her to be involved in the presentation of this could we pass this bill until this afternoon to certainly no problem with that any objection we'll pass over this bill to this afternoon. What about house bill seventeen twenty four then that's a companion companion when you're talking about all right members we'll pass over without objection from the committee house bill seventeen twenty one and house bill seventeen twenty four for this afternoon. I saw representative Gonzalez. Okay. Thank you. Members it looks like we're going to pass over house bill thirteen eighty six that brings us to set it up there you are. Members represent again Gonzales has just indicated to me that he wishes to pass over house bill thirteen eighty six and Senate bill fifty nine. Are there any objections these are bills that we have heard are there any objections to passing over those today. Seeing no objections will move those to a. Well I think he is has to go someplace else and he is aye Elvis sometimes does he has left the room. Let's say members I do not see and maybe Senator Clark Is indicate means senator garner is indicated to me via email that he wanted to take up Senate bill two eighty four this afternoon. And I was allowing him to do that so we'll take up Senate bill two eighty four this afternoon I have not heard from senator Clark on Senate bill five fifty five. Our records indicate the representative Gonzalez's also caring that bill so it appears that we're going to need to pass over that one. For another day. Representative of. His name has left me early in the morning I was out represented very as indicated to me that he is running another bill this morning. And that he would like to come and run Senate bill two eighteen this afternoon I allowed him that because I felt like we would probably take up some other things House Bill fifteen twenty three. House Bill fifteen twenty three I see no one here to present that bill. Members I apologize I felt like we would take up about four five bills this morning and then finish up this afternoon it appears that that's not going to happen so this afternoon the first bill we will be taking up will be house bill seventeen twenty one that house bill seventeen twenty four then we will take up the three Senate bills and house bill fifteen twenty three will just go down in order of our agenda. And hang on just one moment. Members with that I was just looking to see I believe what we'll do is we'll just recess and re adjourn this afternoon after session so feel scurry on over will take it up and I apologize to I got you up and out for thirty minutes but let me also let you know anybody else who may be watching or interested in house judiciary we have a good number of Senate bills that are now coming to us. So we will start taking those up if you have a house bill members of the committee if you have a house bill if you don't get that bill run next week you will be out of time so the last week to run House bills will be next week so just fair warning on that with that we stand adjourned. Members were not on camera now I'm just now being informed because representing Collins object. Had asked that those bills house bill thirteen eighty six Senate bill fifty nine and Senate bill five fifty five be placed on today's agenda then set representative Gonzalez indicated he was not going to run those today representative to Collins and yes the proper procedure was without objection there was an objection representative Collins objected where we are at this point representative Gonzalez's left and he's not here to present his bills so it is it is now. Someone up to us but then again what we could what we will do is we will keep these bills on today's agenda the be brought back this afternoon. The B. honor agenda for this afternoon of representative Gonzales does not run these bills this afternoon that will be considered two passes one this morning one this afternoon. Aw just to let you know about representative Collins was proper in objecting. But we can't. Drag somebody back in if they're not wanting to run their bill today of but I will let the committee know under the rules of representative Collins wishes to persist in his objection to try to force the running of the bill is within his rights to do it but I will let represented Collins in a so everybody knows that I've I run a Committee transparently it then becomes my call is to allow that to happen so represent Collins return it to you do you wish to persist in having these bills run. Let me turn you on there you go. I'm fine with your decision Ballinger if we're gonna pass of him for the morning session that's fine with me thank you thank you representative Collins I appreciate that so members does anyone have any questions as to how the procedure went. Whatever by to be very clear they're right understands they have a so that's what we will do we are going to pass those three bills over for this morning's agenda we will be in recess we will pick up and if we can hurry back over here as quick as we can after session I think that will move things along because after session we will have. Five bills at least and possibly eight with these three that we have just passed over so come on back then in we will take him up then with that we are in recess thank you.