Judiciary Committee- House
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Bills discussed (19)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1058
Act 219
· 6 mentions in chapter, transcript, agenda
Matched: “HB1058 Dalby TO PERMIT A JUROR TO DONATE HIS OR HER PER DIEM COMPE…”
|
TO PERMIT A JUROR TO DONATE HIS OR HER PER DIEM COMPENSATION AND MILEAGE REIMBURSEMENT … | Dalby | Notification that HB1058 is now Act 219 |
|
HB1057
Act 57
· 5 mentions in chapter, agenda, transcript
Matched: “HB1057 Dalby CONCERNING THE REGISTRATION OF AN OUT-OF-STATE SEX OF…”
|
CONCERNING THE REGISTRATION OF AN OUT-OF-STATE SEX OFFENDER. | Dalby | Notification that HB1057 is now Act 57 |
|
HB1059
Act 58
· 3 mentions in agenda, transcript, chapter
Matched: “…AND MILEAGE REIMBURSEMENT TO AN ELIGIBLE NONPROFIT ENTITY. HB1059 Dalby CONCERNING THE INTRASTATE TRANSFER OF A SPECIALTY COU…”
|
CONCERNING THE INTRASTATE TRANSFER OF A SPECIALTY COURT PROGRAM PARTICIPANT TO ANOTHER SPECIALTY COURT PROGRAM; … | Dalby | Notification that HB1059 is now Act 58 |
|
HB1004
Act 429
· 2 mentions in agenda, chapter
Matched: “…Rep. Nicole Clowney REGULAR AGENDA Number Sponsor Subtitle HB1004 Fortner PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX…”
|
PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER FROM ENTERING CERTAIN LOCATIONS DESIGNED … | Fortner | Notification that HB1004 is now Act 429 |
|
HB1005
· 2 mentions in chapter, agenda
Matched: “HB1005 J. Mayberry TO ESTABLISH THE SUPPORTED DECISION-MAKING AGRE…”
|
TO ESTABLISH THE SUPPORTED DECISION-MAKING AGREEMENT ACT. | J. Mayberry | Died on House Calendar at Sine Die Adjournment |
|
HB1014
· 2 mentions in chapter, agenda
Matched: “HB1014 Rye TO PROHIBIT AND PENALIZE THE DESECRATION OF THE UNITED…”
|
TO PROHIBIT AND PENALIZE THE DESECRATION OF THE UNITED STATES FLAG. | Rye | Died in House Committee at Sine Die Adjournment |
|
HB1015
· 2 mentions in chapter, agenda
Matched: “HB1015 Rye CONCERNING THE DAMAGE TO OR DESTRUCTION OF A PUBLIC MON…”
|
CONCERNING THE DAMAGE TO OR DESTRUCTION OF A PUBLIC MONUMENT OR OBJECT OF PUBLIC RESPECT; … | Rye | WITHDRAWN BY AUTHOR |
|
HB1019
· 2 mentions in chapter, agenda
Matched: “HB1019 Rye TO AMEND THE LAW CONCERNING THE CIVIL EVICTION PROCESS;…”
|
TO AMEND THE LAW CONCERNING THE CIVIL EVICTION PROCESS; TO CREATE AN EVICTION PROCESS FOR … | Rye | WITHDRAWN BY AUTHOR |
|
HB1020
· 2 mentions in agenda, chapter
Matched: “…ESS; TO CREATE AN EVICTION PROCESS FOR FAILURE TO PAY RENT. HB1020 Love CREATING A SENTENCE ENHANCEMENT FOR CERTAIN OFFENSES C…”
|
CREATING A SENTENCE ENHANCEMENT FOR CERTAIN OFFENSES COMMITTED AGAINST A PERSON DUE TO THE PERSON'S … | Love | Died in House Committee at Sine Die Adjournment |
|
HB1024
· 2 mentions in agenda, chapter
Matched: “…EPORT CONCERNING THE COMMISSION OF HATE CRIMES IN ARKANSAS. HB1024 Watson CONCERNING THREATS OR STATEMENTS THAT A PERSON INTEN…”
|
CONCERNING THE THREAT OF OR ACTUAL INTRODUCTION OF A CONTROLLED SUBSTANCE INTO THE BODY OF … | Watson | Died in House Committee at Sine Die Adjournment |
|
HB1062
Act 274
· 2 mentions in agenda, chapter
Matched: “…T PROGRAM; AND TO CREATE A DWI/BWI SPECIALTY COURT PROGRAM. HB1062 L. Fite TO INCREASE THE LOOKBACK PERIOD FOR PRIOR CONVICTIO…”
|
TO INCREASE THE LOOKBACK PERIOD FOR PRIOR CONVICTIONS OF BOATING OR DRIVING WHILE INTOXICATED FOR … | L. Fite | Notification that HB1062 is now Act 274 |
|
HB1098
Act 828
· 2 mentions in chapter, agenda
Matched: “HB1098 Wooten TO RESTRICT THE CIRCUMSTANCES UNDER WHICH A SEX OFFE…”
|
TO REQUIRE NOTICE TO CERTAIN PERSONS WHEN A SEX OFFENDER IS ON THE PREMISES OF … | Wooten | Notification that HB1098 is now Act 828 |
|
HB1100
Act 556
· 2 mentions in chapter, agenda
Matched: “HB1100 Evans TO AMEND THE LAW CONCERNING INDIVIDUALS LISTED AS MAN…”
|
TO AMEND THE LAW CONCERNING INDIVIDUALS LISTED AS MANDATED REPORTERS UNDER THE CHILD MALTREATMENT ACT. | Evans | Notification that HB1100 is now Act 556 |
|
HB1114
Act 625
· 2 mentions in agenda, chapter
Matched: “…ON OF ANOTHER STATE'S LICENSE TO CARRY A CONCEALED HANDGUN. HB1114 Wardlaw CONCERNING THE SUPERVISION FEE FOR PROBATION AND PA…”
|
CONCERNING THE SUPERVISION FEE FOR PROBATION AND PAROLE. | Wardlaw | Notification that HB1114 is now Act 625 |
|
HB1119
Act 87
· 2 mentions in chapter, agenda
Matched: “HB1119 Lundstrum CONCERNING THE FIRST AND SECOND DISTRICTS OF THE…”
|
CONCERNING THE FIRST AND SECOND DISTRICTS OF THE STATE DISTRICT COURT SYSTEM; AND TO DECLARE … | Lundstrum | Notification that HB1119 is now Act 87 |
|
HB1159
Act 222
· 2 mentions in chapter, agenda
Matched: “HB1159 S. Meeks PROHIBITING A FEDERAL, STATE, OR LOCAL OFFICEHOLDE…”
|
EXCUSING MEMBERS OF THE GENERAL ASSEMBLY FROM PARTICIPATING ON A JURY UNDER CERTAIN CIRCUMSTANCES; AND … | S. Meeks | Notification that HB1159 is now Act 222 |
|
HB1006
· 1 mention in chapter
Matched: “HB1006 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT…”
|
TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT. | Lowery | Died on House Calendar at Sine Die Adjournment |
|
HB1007
· 1 mention in chapter
Matched: “HB1007 Love TO BE KNOWN AS THE "LAW ENFORCEMENT INTEGRITY ACT OF 2…”
|
TO BE KNOWN AS THE "LAW ENFORCEMENT INTEGRITY ACT OF 2021". | Love | Died in House Committee at Sine Die Adjournment |
|
HB1111
· 1 mention in chapter
Matched: “HB1111 Cloud CONCERNING THE RECOGNITION OF ANOTHER STATE'S LICENSE…”
|
CONCERNING THE RECOGNITION OF ANOTHER STATE'S LICENSE TO CARRY A CONCEALED HANDGUN. | Cloud | Died in House Committee at Sine Die Adjournment |
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Representative Carol Dalby
Unverified
0:00
Welcome. House Judiciary is now in session. The chair sees the quorum. Those who are wishing to speak for or against the bill, if you've not yet signed in, be sure to sign in. I also want to remind you that under the new rules, you can sign in remotely. So that's something new. So if that, for those who are watching online, you can also sign in remotely. it cuts off two hours before the meeting cuts off two hours before the meeting if you're going to
sign in remotely so just remember that for those of you who are watching online i want to remind you next week we will not be in session on monday in honor of the mlk holiday nor will we be in session on wednesday which is inauguration day and the house does not meet that day judiciary members make this note we will only meet on tuesday of next week tuesday only and it
will be either at two o'clock or up on 10 minutes of adjournment and from here on out and for those of you who follow house judiciary it will always either be two o'clock or 10 minutes upon adjournment so make that note b committees will be meeting next thursday which would be our regular time so a committees will not be meeting on thursday of next week we do have three bills that we're going to run today and with that i am going to recognize my vice chair representative smith
to come to handle the duties of the chair Thank you.
Chair
Unverified
2:24
Testing 1, 2. Mr. Cox, can you hear me? Speak louder. Turn it up, please.
Speaker 11
2:39
We'll get this technical glitch fixed. Mic test 1, 2. Mic test 1, 2.
Speaker 10
2:46
Better? All right. Just like Facebook, all those thumbs up.
all right uh chair dalby are you ready to present your first bill and i believe you have an amendment
Representative Carol Dalby
Unverified
3:09
to present first i do and with the chair's permission may i remove my face mask
since members have indicated they're having a little trouble understanding thank you yes members today i'm presenting as my first bill house bill 1057 it's house bill 1057 there is an
amendment to that bill it should be on your desk if you don't have it please let ashley know to make sure you have that copy uh the amendment excuse me the amendment uh it you will see it uh underlined and it says or any other state in which he or she has been ordered by a court of that state to register as a sex offender that is replacing the language on line 25 where it says are in any other state and then you'll see section two is amended to say actual registration
in the other state is not required under this section and is sufficient that the sex offender was required by law to represent in the other state those are the two amendments to this bill And at this time, I'd be happy to entertain any questions as to the amendments. Members, do you have any questions? With that, Mr. Chair, I would move adoption of the amendments.
Speaker 11
4:27
All right. All those in favor of moving to accept the adoption of the amendment, let it be known by saying aye.
Representative Carol Dalby
Unverified
4:35
Aye. Any opposed? There is none. Thank you, Mr. Chair. Thank you, members. Now, with that, I'd like to turn to House
Bill 1057, and with the chair's permission, I would ask that Brad Cazart be able to join me at the table. All
Speaker 10
4:59
right. Mr. Cazart, please state your name and who you work for for the committee, and you may proceed. Thank you,
Speaker 21
5:10
Mr. Brad Cazort, Director of the Arkansas Crime Information Center.
Representative Carol Dalby
Unverified
5:13
Thank you. Members, House Bill 1057 is a bill that was brought to me and brought to this body by the Arkansas Crime Information Center. And let me give you just a brief background as to what we are doing here. The typical practice in Arkansas has been when you are convicted in another state of a crime that requires registration under the sex offender law of another state, then you are also required to file a register in Arkansas if you move to Arkansas.
That's what has always, that's been the law, that's what's been going on. Well, what happened and why we're requesting this change and the adoption of the amendments that you just did, what happened? We had an individual who had been convicted in the state of Kansas of an offense that was required to register as a sex offender in the state of Kansas. He fails to register in Kansas, moves to Missouri. he registers in Missouri which was not the state of his conviction but he registers in Missouri
he then moves to Arkansas and when Arkansas is having him to register in Arkansas there was a circuit judge in our state who read the law read this particular statute read it exactly as it was and said he didn't register in the originating state of his conviction, so therefore he does not have to register in Arkansas, which is really against what had been the general practice for years and years and years. So this is really a cleanup bill
so that if you are required to register and you fail to register, you still get here, you still have to register. And that is basically what this bill does. it brings into line what the practice has been in the courts and so this will give the courts a clear guideline as to what needs to be done in these particular situations and with that i would yield uh my my time over to mr resort if he has anything he would like to add
Speaker 28
7:29
thank you i think chairman dalby explained to you exactly the way it is that this was an incident where, again, an offender normally would have been required to register here, but he did not register in his home state. I think failing to correct this law to fit what we thought the practice has been forever has the possibility of making us a welcome asylum for offenders who get convicted in another state and hurry to come here before they register there. So we just want to make sure we've got this law the way it's always been intended.
Representative Carol Dalby
Unverified
8:01
Happy to answer any questions. I, too,
Speaker 10
8:09
would be happy to answer any questions. Committee, you've heard the explanation of
Chair
Unverified
8:17
the bill. You've heard Mr. Cousart. Are there any questions? We're having a little trouble up here with the
Speaker 10
8:28
screen. So, any? Okay. Yes, Representative Flowers.
Representative Vivian Flowers
Unverified
9:05
Thank you, Mr. Chair. Just a quick question. I was just noticing in the amendment below the last underlined section, and you may have spoken to this and I missed it, but it indicates that the person does not have to register in the originating state. And I'm just wondering how, if the person is convicted and required to register there, but they just up and move and just like this person just didn't register in Kansas, but they would be required to register here.
How does that prevent there from being an issue where there's a warrant or something like that for the person there? Maybe that's not our business, but I'm just wondering how that works.
Speaker 28
9:59
Well, it certainly wouldn't affect a warrant. I mean, if Kansas, in this particular case, if Kansas had a warrant outstanding when he appeared in front of Arkansas law enforcement and they checked the warrant file, they would certainly notify Kansas that an outstanding warrant was there. I would assume there was not one because he moved to Missouri, did register there, and then moved here. And then so through all that interaction with law enforcement in Missouri and
Speaker 45
10:21
Arkansas, you know, he was not, there was apparently no warrant out there.
Speaker 47
10:26
Okay. Okay. I got it. Okay. Just wondering.
Speaker 49
10:33
Thanks. Thank you. Are there other questions
Speaker 51
10:43
from the committee? Seeing none, Chair Dalby, are you ready? I
Representative Carol Dalby
Unverified
10:49
am. I am, Mr. Chair. I am closed for my bill, and I would move to pass as amended.
Speaker 51
10:57
All right. Now, Representative Berry, you're a little late jumping in. Oh, second. Okay. Mr. Chairman. All right. Thank you. All right. All those in favor of House Bill 1057, let it be known by saying aye. Aye. Any opposed? And there is none. Congratulations. You passed the bill. Thank you, Mr. Chair. Thank you, members of the committee.
Representative Carol Dalby
Unverified
11:27
Mr. Chair, may I move to House Bill 1058?
Speaker 61
11:44
All right. No amendment on that. Okay. All right, you may
Representative Carol Dalby
Unverified
11:51
present your bill. Thank you, Mr. Chair. members House Bill 1058 is a bill that will permit a juror to donate his or her
per diem compensation and mileage reimbursement to an eligible nonprofit and currently those fees are set by quorum courts typically they're $50 per day and $15 of parents but that could be changed what this bill would allow is a person who's called to jury duty and they get to the end and they're asked you know, your name, address, where do you want your check sent, they would be able to donate that instead of having it sent to them. It's totally voluntary on their part. The administrative
office of courts have worked on this bill and they will be compiling a list of five statewide eligible non-profit entities to which a person receiving their per diem or mileage could make those donations to, and in compiling that list, you'll see in the bill that they're going to be working with the Supreme Court, the Judicial Council, circuit judges around the state to determine, and those eligible non-profit entities would fall into, whose primary goals, they would
fall into several different categories, crime victim assistance or counseling, services for abused and neglected children, shelter for victims of domestic violence, services for veterans, or legal education is for students seeking a Juris Doctorate and that is the bill in a nutshell I
do have someone here from the office administrative courts if you have any specific questions but they are fully on board as well as anybody else I have talked to about certainly entertain
any questions thank you members do we
Chair
Unverified
13:39
have any questions? Seeing none, are you closed for your bill? I am
Representative Carol Dalby
Unverified
13:49
closed for my bill and I move to pass on House Bill 1058. Do I hear a second?
Speaker 11
14:02
Okay. All All right. All those in favor of approving House Bill 1058, let it be known by saying aye. Aye.
Speaker 66
14:10
Any opposed? And there is none. Congratulations.
Representative Carol Dalby
Unverified
14:15
Thank you, Mr. Chair. Thank you,
Speaker 71
14:24
into the swing. Okay. Okay. All right. Do we look
Speaker 72
14:42
Okay. All right. I believe you have an amendment to make, a fiscal impact
Speaker 11
14:54
statement on this bill. So, why don't you go ahead and proceed with the amendment. Yes, thank you, Mr. Chair.
Representative Carol Dalby
Unverified
15:13
Members, this is House Bill 1059. The amendment should be before you. If you don't have it, please let Ashley know, but I think everyone has it. You'll see that the amendment is amending the bill as originally produced, page 3, lines 32 through 36. The only reason why it's being amended is because realized after filing it, there was a paragraph left out. And so we wanted to make sure that that got in there. It takes care of transferring in particular courts.
And so we wanted to make sure that that was very clear. And then on page eight of the original bill, lines two and three, we're substituting. you'll see that we're substituting a fee determined or authorized that is to be paid by the division of community corrections and this was brought up by the division of community corrections so we wanted to make sure they were just drafting errors doesn't change the body of the bill or the intent of the bill but it's to make the bill clear so that everybody understands what's going on
i'll be happy to entertain any questions regarding the amendments representative flowers
Speaker 49
16:25
oh no i didn't have any okay are there any members
Representative Carol Dalby
Unverified
16:35
with questions seeing none then with that uh mr chair i would move to pass i mean i would move the adoption of the amendment all
Speaker 11
16:44
right all those in favor of adopting the amendment let it be known by saying
Speaker 76
16:48
aye any opposed same sign there is none all right you may proceed thank
Representative Carol Dalby
Unverified
16:55
you mr. chair thank you members uh mr. chair we have i have a number of people who have come to testify and support but particularly a uh a judge here from jonesborough and i would ask the the
chair allow her to join me at the table. Okay. Yes, you may.
Speaker 30
17:12
I'm from Jonesboro too. You know, I'm not going to turn
Speaker 86
17:20
you down. Thank you. My name is Melissa Richardson. I am a circuit judge from the second judicial district, which includes six counties in Northeast Arkansas, including Craighead
Representative Carol Dalby
Unverified
17:40
County. Thank you. Members, one of the privileges that I have had for the last four years, upon the speaker's appointment, I have been appointed to the Specialty Court Advisory Board for the state of Arkansas. The Specialty Court
Advisory Board consists of a number of judges. In fact, we have one retired judge back here, Judge Arnold, who I've served with, I guess, four years or so on on that particular board. And the Specialty Court Advisory Board, of which the Chief Justice of the Supreme Court serves as chair, reviews all the different specialty courts within the state of Arkansas, makes recommendations, oversees grant funding, oversees the program, has made great strides in the last four years
under Chief Justice Kemp's leadership of going to best practices. And we have Janet Hawley here, who also has been intimately involved in that. And so, as you may or may not know, because we have a good number of new people on this committee, specialty courts in Arkansas is a way that when someone is charged with a criminal case and they have a substance abuse, as opposed to going into the criminal court system
or into imprisonment in a criminal court system, they have that opportunity to go through a specialty court. And it could be a drug specialty court. We have a juvenile drug specialty court. We have a number of those. And there are a lot of advantages. It keeps someone out of the criminal justice system, keeps us from having to house somebody in a penal institution. Well, really and truly, they need that counseling. They need those support services.
And so our specialty courts are trying to expand to address those problems that we have in our society. And really, it's a much better alternative than sending someone to the prison system. So in this particular bill, and we'll kind of talk about it and the physical impact at the same time, because I want you to be aware of any of that. Typically, specialty courts are funded through grants. And they get funded through grants
because we have a specialty court advisory board and we adopt best practices, and we adopt how to keep people into the system and what to do and to get them out of that system. It's a voluntary activity that they do. And if they don't follow through on all that they have to do, then they start in on that criminal track. And so this, after a number of reviews, reviews, looking at what we have in the state of Arkansas, the Specialty Court Advisory Board
has made some recommendations. This has been thoroughly vetted, not only by that board, but by various circuit judges. The Judicial Council, I believe, had some input. The District Court Judges Council had input. It was put out there for judges who were on the front lines doing these things to look at and you will know particularly what this bill is setting up is well it's really doing a couple of big things one is the interest state transfer from one
specialty court program to another I'm from Miller County and so I have specialty courts in Miller County but let's say a participant in Miller County wanted to move to Pulaski County Well, they needed to have a way to transfer to that county to continue. So they're not driving back and forth from Little Rock to Texarkana to participate. That's one big thing that this does. Another couple of things that this does, it's creating the Veterans Treatment Specialty Court Program.
It's creating the Driving or Boating While Intoxicated Specialty Program. It is also setting up the Domestic Violence Specialty Court Program. So you will see throughout this bill, excuse me, you will see throughout this bill how these courts are set up and that they are reviewed every two years. It's a constant review. And through that, we think that this will be a really good way for individuals who are in the criminal court system to get help and not be in our prison system.
And we're trying to expand that. The court has taken to Chief Justice's credit. He is a real advocate of this, is really looking toward that. And so that is what this does. The other thing that this bill does, and I've had a couple of questions on it, you'll see on page 13, excuse me, line 20, there's a fund. and this fund has about $500,000 in it. When these courts got set up way back when, the fund was being used
by the Department of Community Corrections. Department of Community Corrections is all on board to transfer the remaining of this fund to the Administrative Office of Courts. These are dedicated funds that are going to these specialty court programs. And so that's just a change to get that over. it makes more sense for it to be in the administrative office of courts and not the Department of Corrections. And with that, I would ask our circuit judge here to add anything else that she sees. Thank you. May I remove my mask to
Speaker 86
23:15
speak? You may. Okay, thank you. I want to
thank Representative Dobby for that introduction. It has been my honor to preside over the Craighead County Drug Court. I'm going into my seventh year of presiding over that drug court in Jonesboro, and I am absolutely convinced that it can be a life-changing program for certain criminal defendants, certain individuals. And for those of you who are not familiar with the drug court model, the way that it works, and it has slightly different aspects across the state, but the way
that it works in Northeast Arkansas, in my court that I run in Craighead County, is that when a person pleads guilty to a non-violent offense, typically a drug offense or an offense that may be inspired by addiction, they can, if they choose and they meet the screening criteria and the prosecuting attorney chooses and the circuit judge who is presiding agrees, be transferred in to the drug court after they plead guilty to that non-violent criminal offense. And their
sentencing is held in abeyance. It's just held to give them the opportunity to work the drug court program. During the drug court program, they are subjected to random drug screens multiple times a week. They appear in front of me every Tuesday morning in their first phase, and then every other Tuesday morning in their second phase and less frequently as they go through the program. It's a total of five phases right now. They are required to maintain stable employment. We help
them find stable employment. They're required to maintain stable housing, attend counseling, AA and NA meetings, and work on their GEB if they do not have that high school diploma or equivalency. The feature of this bill that Representative Dalby has touched on that I had particular interest in is with respect to the transfer within the state. And that is something that you can see as being extremely important because we, in the program and in all types of
recovery programs that address addiction, it is frequently said that you have to change your people, places, and things. The people that you were with, the places that you were at, and the things you were doing that brought you to that criminal courtroom where you stood up and pled guilty to a criminal offense, you have to change those three things, your people, places, and things, in order to have your best avenue and hope for success. And so what we have found is that there have been circumstances
where people need to get out of Craighead County, for example, if that's where their criminal behavior occurred. And maybe they have an aunt or an uncle or a friend who can set them up with a job or a place to stay in a different part of the state. And so what the judges were wanting here is the ability to have explicit statutory authority for us to authorize that in a uniform order so that if I send someone to the Miller County Drug Court, for example, that there isn't any confusion
about the Miller County Circuit judge having the authority to impose sanctions or order someone into inpatient treatment in Miller County, even though that person pled guilty to a crime in Craighead County. And so we wanted explicit statutory clarification. And so that is the feature of this bill that I think is of particular importance and that I was happy to come here to speak about today. I have a question for
Speaker 11
27:10
you on the transfer that people that need to get away,
I understand that thoroughly, but do they stick with the program? Maybe they've already connected with your court and some of the deputy sheriffs and people up in Craighead, but if they need to get away to another county to just get out of that environment, do they
Speaker 10
27:34
tend to stay with it when they arrive at their new location? We have
Speaker 86
27:39
had a lot of people that have come to us from other counties who have been tremendously successful.
And part of it is that feature that I just indicated. It's a fresh start. And so we have seen that. What this bill addresses is if you do have an individual that goes and they don't stick with it, they're not compliant, they are continuing with the addictive lifestyle that is not conducive to success in the drug court program, then at that point, that judge would contact me back in Craighead County and say, we're sending him back or we're sending her back. And then it would be up to us to decide
if we're going to continue to work with that individual in Craighead County or if they need to be sentenced
Chair
Unverified
28:24
out of the program. Okay, thank you. All right, Representative Dalby, other comments? No,
Representative Carol Dalby
Unverified
28:32
I don't know if any people have signed up to speak for or against. I do
Speaker 11
28:40
not know. We do. We have Mr. Gary Arnold. If you're present, would you make your way to the desk, please?
Thank you, Judge Richardson. All right, state your name and what you do, and you may provide your testimony. Can
Speaker 99
29:14
I remove that? Yes, sir. It's on. It's on. My name is Gary Arnold. I'm a former circuit judge now. I'm retired, effective January 1st of this year. I've served four years, as was pointed out, on the Specialty Court Program Advisory Committee.
Get a little closer to the mic, please. Okay. I presided over the drug court in the 22nd Judicial District, which is Saline County, for some 10 years. And my last four to six years, I presided over our HOPE court program, which is a SWIFT court there in Saline County as well. Thank you. All right. I'm primarily here for the purpose of answering any questions.
I certainly support and was a part of the proposed legislation. If there's any questions anyone has, I'll be happy to try to answer them. Thank you. Members, any questions for Judge
Chair
Unverified
30:15
Arnold? Seeing none, you're excused. Thank you very much. Thank you very much.
Speaker 11
30:40
Okay. Okay, so I should call him next. All right, Mr. Brian Bowen, are you here? All right, please come to the table, and you may remove your mask once you're seated. tell us
Brian Bowen
Unverified
30:57
a little more state your name and tell
Speaker 101
31:04
us what you do thank you my name is brian bowen i'm the deputy chief of staff for the attorney general's office the attorney general has asked me to come and and show her support for this bill today
as a former prosecutor she sees these pre-adjudication programs as great opportunities for individuals to get back on the right path and as the judge addressed earlier this is an opportunity for them to clear their record and obtain continued employment and really in using her words save not just lives but also save the state money so she is very supportive
Chair
Unverified
31:45
of this bill. Thank you. All right. Thank you. Committee members, any questions for Mr.
Speaker 60
32:01
Brian Bowen before he leaves the table? All right. You're excused. All right.
Speaker 11
32:11
Mr. Jerry Bradshaw, are you present? All right. Make your way to the front. State your name. And once you're seated, you may remove your mask for clarity and your comments. You're
Speaker 104
32:23
recognized. Thank you, sir. Jerry Bradshaw. I'm the director of the Division of Community Correction. The Department of Correction and Division of Community Correction fully support this bill and uh we're we i'm here to ask any answer any
Speaker 60
32:44
questions you might have all right members any questions from our committee okay
Speaker 10
32:54
here we go i believe that uh representative collins thank you mr chair and this isn't
Representative Andrew Collins
Unverified
33:02
actually for director bradshaw's an old one for for representative dalby but either one of you can answer um just of these two new um specialty courts being created what was the the need seen to create these and have they been pursued in other states i guess what why these
Representative Carol Dalby
Unverified
33:22
in particular yes they they have been used in other states uh
the board saw after and janet holly may wish to come forward with the board saw after reviewing the programs that there is a need in our state
to address veterans and the issues that they may be having and the courts that the specialty courts that were existing or are existing at the time didn't meet the specific needs that a veteran may have and so that is the reason for that and be in the boating and driving while intoxicated there has really not been anything that would address a pre-adjudication and as we all know there is a lot of a lot of folks get charged and if there is a way
to to help in that situation the board felt that the advisory board felt that it would be in the best interest of the citizens of the state of Arkansas to have that opportunity so that in the event that someone does have a true substance abuse problem and they are out on our roads that we can are out on our waters that we can address that and hopefully save a life from an accident that may happen but these are all specialty courts that are in other states we this board in the court doesn't answer to
to another group, but they are part of a wider group of an organization that oversees or looks at and offers best practices in these areas. Other questions, please, committee? All right.
Speaker 11
35:24
we have one more uh person signed up ms janice holly are you present today
oh good and like the others who provided testimony today after you're seated identify yourself but you
Chair
Unverified
35:38
may remove your mask too Good afternoon. My
Speaker 110
35:46
name is Janet Hawley. I'm the Specialty Courts Coordinator with the Administrative Office of the Courts. I have worked with specialty court programs across the state at the Administrative Office of the Courts for two and a half years. Prior to that, served in different specialty court programs operating in both Pulaski and Saline County.
Speaker 60
36:04
thank you you're recognized for comments if you have other comments to make um
Speaker 110
36:15
to address the question about veterans treatment courts and dwi courts these programs are already operating in the state of arkansas as well and they operate with great success the reason that we saw to bring this bill forward was to simply codify those programs as we have with other specialty court programs, such as the adult drug courts, mental health courts, and other variations.
Chair
Unverified
36:39
Committee members, are there any questions? All right, Representative Richardson, you're recognized. Chair, and Ms. Dalby, either one
Representative Jay Richardson
Unverified
36:48
of you guys can answer this, but I noticed that in the bill, Veterans Affairs or Veteran Courts have the ability to have the fees waived, I guess, for whatever reason. Do you have that same thing for drug courts as
Speaker 117
37:03
well? That is optional, and each circuit judge or district judge has the option to waive fines and fees. Particularly, they are waived when a participant acts in accordance with the conditions of their supervision.
That is often given as an incentive for compliance with the program. And based
Representative Jay Richardson
Unverified
37:18
on your experience, have you seen that happen a lot or not very much? It does happen with
Speaker 117
37:23
great frequency. Okay, thank you. all right other questions from the committee
Speaker 10
37:37
okay seeing none are you ready to close for your bill i am mr
Representative Carol Dalby
Unverified
37:42
chair i am closed for the bill and would do would ask forget all the words it's been a
couple times uh yes mr chair i'm closed for bill and i would make a motion to do
Speaker 11
37:57
pass as amended all right do we have a second no we don't need it i'm sorry all right all those in favor say
Chair
Unverified
38:06
aye all those opposed say no all right congratulations madam chair you passed all three of your bills today and i didn't really damage you too much well and thank you
Representative Carol Dalby
Unverified
38:15
mr chair for not damaging my bills thank you members of the committee and i and i do say any of you have ever worked with me you know
I don't bring a lot of bills only those bills that I really think will impact the state
of Arkansas and the citizens the state of Arkansas and all three of these I think meet that criteria so thank you very much members
Speaker 64
38:37
of the committee thank you and we're adjourned
Agenda
REGULAR AGENDA
HB1004 Fortner PROHIBITING A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER FROM ENTERING CERTAIN LOCATIONS DESIGNED FOR PUBLIC AQUATIC ACTIVITIES.
HB1005 J. Mayberry TO ESTABLISH THE SUPPORTED DECISION-MAKING AGREEMENT ACT.
HB1006 Lowery TO CREATE THE PARENT-CHILD INTRASTATE RELOCATION ACT.
HB1007 Love TO BE KNOWN AS THE "LAW ENFORCEMENT INTEGRITY ACT OF 2021".
HB1014 Rye TO PROHIBIT AND PENALIZE THE DESECRATION OF THE UNITED STATES FLAG.
HB1015 Rye CONCERNING THE DAMAGE TO OR DESTRUCTION OF A PUBLIC MONUMENT OR OBJECT OF PUBLIC RESPECT; AND CONCERNING PUBLIC MONUMENTS AND OBJECTS OF PUBLIC RESPECT ON THE GROUNDS OF THE STATE CAPITOL.
HB1019 Rye TO AMEND THE LAW CONCERNING THE CIVIL EVICTION PROCESS; TO CREATE AN EVICTION PROCESS FOR FAILURE TO PAY RENT.
HB1020 Love CREATING A SENTENCE ENHANCEMENT FOR CERTAIN OFFENSES COMMITTED AGAINST A PERSON DUE TO THE PERSON'S ATTRIBUTES; AND TO REQUIRE AN ANNUAL REPORT CONCERNING THE COMMISSION OF HATE CRIMES IN ARKANSAS.
HB1024 Watson CONCERNING THREATS OR STATEMENTS THAT A PERSON INTENDS TO USE A CONTROLLED SUBSTANCE WHILE PREGNANT OR INTRODUCE A CONTROLLED SUBSTANCE INTO THE BODY OF A PREGNANT WOMAN.
HB1057 Dalby CONCERNING THE REGISTRATION OF AN OUT-OF-STATE SEX OFFENDER.
HB1058 Dalby TO PERMIT A JUROR TO DONATE HIS OR HER PER DIEM COMPENSATION AND MILEAGE REIMBURSEMENT TO AN ELIGIBLE NONPROFIT ENTITY.
HB1059 Dalby CONCERNING THE INTRASTATE TRANSFER OF A SPECIALTY COURT PROGRAM PARTICIPANT TO ANOTHER SPECIALTY COURT PROGRAM; TO CREATE A VETERANS TREATMENT SPECIALTY COURT PROGRAM; AND TO CREATE A DWI/BWI SPECIALTY COURT PROGRAM.
HB1062 L. Fite TO INCREASE THE LOOKBACK PERIOD FOR PRIOR CONVICTIONS OF BOATING OR DRIVING WHILE INTOXICATED FOR THE PURPOSE OF SENTENCE
HB1098 Wooten TO RESTRICT THE CIRCUMSTANCES UNDER WHICH A SEX OFFENDER MAY BE PERMITTED ON OR NEAR THE PREMISES OF A CHILDCARE FACILITY; AND TO REQUIRE NOTICE TO CERTAIN PERSONS WHEN A SEX OFFENDER IS ON THE PREMISES OF A CHILDCARE FACILITY.
HB1100 Evans TO AMEND THE LAW CONCERNING INDIVIDUALS LISTED AS MANDATED REPORTERS UNDER THE CHILD MALTREATMENT ACT.
HB1111 Cloud CONCERNING THE RECOGNITION OF ANOTHER STATE'S LICENSE TO CARRY A CONCEALED HANDGUN.
HB1114 Wardlaw CONCERNING THE SUPERVISION FEE FOR PROBATION AND PAROLE.
HB1119 Lundstrum CONCERNING THE FIRST AND SECOND DISTRICTS OF THE STATE DISTRICT COURT SYSTEM; AND TO DECLARE AN EMERGENCY.
HB1159 S. Meeks PROHIBITING A FEDERAL, STATE, OR LOCAL OFFICEHOLDER OR A DECLARED CANDIDATE FOR A FEDERAL, STATE, OR LOCAL OFFICE FROM PARTICIPATING ON A JURY; AND TO PERMIT CERTAIN OLDER ARKANSANS TO DECLINE JURY SERVICE.
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Jan 14, 2021 | Agenda | 2 | Official source ↗ |
Speakers
Representative Carol Dalby
Unverified
Chair
Unverified
Speaker 11
Speaker 10
Speaker 21
Speaker 28
Speaker 34
Representative Vivian Flowers
Unverified
Speaker 45
Speaker 47
Speaker 49
Speaker 51
Speaker 61
Speaker 66
Speaker 33
Speaker 71
Speaker 74
Speaker 72
Speaker 76
Speaker 30
Speaker 86
Speaker 99
Brian Bowen
Unverified
Speaker 101
Speaker 60
Speaker 104
Representative Andrew Collins
Unverified
Speaker 94
Speaker 110
Representative Jay Richardson
Unverified
Speaker 117
Speaker 64