Judiciary Committee- House

Being with us today. Uh, members we have, uh, we're just taking up one bill today. Um We do have some that are that I'm working on to see about being scheduled on Monday. And I will send. Uh, text message out to let you know Tuesday. Thank you, thank you, Representative Betty. Uh, for Tuesday, I'll send a text message out to y'all so please watch that, uh, right now we just, we don't have that many bills on our. Agenda. So if you will just be familiar with the few bills that we have right now on our agenda. I Good chances are those are the ones we may be hearing on Tuesday, but I will let you know, uh, with that, we do have just one bill we're going to hear representative from, uh, Duffield House Bill 1437, representing Duffield, you're welcome to come to the end of the table, introduce yourself, and if you have anyone who you wish to have seated with you, you may call them to the table. Members you have on your desk, the Arkansas Sentencing Commission report on this bill, and while feels getting ready at the end of the table. He'll take a few moments to look at that. sentencing commission report will do that first for just a second and then, then I'll recognize you. I represent Duffield you identify yourself. You're recognized to present your bill. Thank you, Madam Chair. Matt Duffield, District 53, Russellville. And if it, if it'd be all right, Madam Chair, I, I have a few members from the prosecutors Association. I'd like to join me at the table. Thank you. Once you get to the end of the table, if you identify yourself, then we'll be ready to proceed. Madam Chairman, members of the committee, I'm Laurie Camuris with the prosecutor coordinator's office. I'm Tom Tatum, a prosecuting attorney for the 15th Judicial District. Welcome. Representative Deffield, you're recognized. Yes, ma'am. Thank you, Madam Chair. Thank you, members of the Judiciary Committee today. House Bill 1437. This is essentially a solution to a problem that was brought to me in in my district, my county sheriff's department, informed me that they were having issues with registered sex offenders hanging out at their splash pad there in the public water park in that area. So this bill is, is a solution to that issue that was brought to me in my district. Since that time, There are other counties that have contacted me in support of this bill that explained to me that they've had similar issues. It's important to note that this bill It only Addresses two levels of sex offenders. And that's level 3, which is high risk and level 4, which is sexually violent predators. Specific offenses that may result in a level 3 or 4 classification include But are not limited to aggravated sexual assault. Rape Sexual abuse of a minor, possession or distribution of child pornography. Kidnapping with intent to commit a sexual offense, any sexual offense involving the use of threat or first or force or a threat and repeat offenses of indecent exposure. So again, what this bill does Is it the intent is to keep registered 3 and 4 sex offenders from our from our public public water park areas and our splash pads where our innocent children are. playing. So that is the intent of the bill, and uh I'll be glad to. Answer any questions and, and, uh Glad to do it. Representing Tasha recognized her question. Thank you, Madam Chair. Just so, ah, make sure we all understand, Representative, uh, when you receive a classification of a sex offender at a level 3 or 4. That's the worst of the worst. There's 4 levels, is that correct? 1234. So 3 and 4 for you to fall in that classification, it had to be something, uh, well, pretty serious. Yes sir. Yes, sir. Representative Tosh, yes. This is for level 3 and 4, which in most cases is repeat offenders, those who are most likely to reoffend and also, as I mentioned before, a few of the things I listed, um, Aggravates sexual assault, violent rape, all, all of those offenders would be included in, in this. OK. No problem. Thank you. Representing Clowney, you're recognized for a question. Thank you, Madam Chair. Um, Representative Duffield, I think we all agree this is, uh, this is good policy if we can keep those kids safe. My question though is that there actually does seem to be one pretty substantive change, and I wanted to ask you about it, and that is the difference between current law which says, um, which prohibits entering a swimming area, playground or park. Um, We changed that to Being within 100 ft of those places. Can you explain to me the difference, yes, thank you for your question. The 100 ft. How that came about is from what law enforcement explained to me is when they received a call that one of these people were, were there. There were some issues as to, well, where exactly can they stand or where can they go? Because a lot of them would take a few steps out, and they'd say, well, I'm not in the water park anymore. But they were still in the line of site where they could still potentially take pictures with their phone and so forth. So we just felt that the 100 ft was a good distance to put that most officers can, can manage. I know in, in several cases, which I've read about in in certain things of this nature, they'll say 1000 ft. We thought that may have been a little bit excessive. So that's how the 100 ft came about. Thank you. Thank you. Representing Collins, you're recognized for a question. Thank you, Madam Chair, and we talked a bit about this, Representative Duffield, but I, I guess I want to know, is it your intent to cover situations where somebody is just passing through that 100 ft radius or for example, dropping off their child to a a pool or a playground, if they knowingly enter within that radius, they're going to be committing a felony. Is it your intent to capture those situations as well. Well, I understand your question, Representative, and, and I, I appreciate you taking the time to discuss this bill with me. beforehand and as always, but the, the intent of this bill first and foremost is to protect children, and it's to protect children from these registered 3 and 4 sex offenders who, in my view, once you've raped a child, you foregone your right to be within 100 ft of water park, irregardless of what your intent is. Follow up, please. You're, you know, and I understand there are some very serious crimes as well as, you know, a variety of other crimes within this range, and I don't discount that at all, but at the same time, these are people who do live in our communities and do have families, and I'm thinking about their family and their kid who if they're going to a birthday party at a pool, and their parent is trying to drop them off, they're going to have to walk 100. feet across the parking lot, you know what I'm, I'm just, I'm thinking about the practicalities of this, and I mean that is one of them and I just didn't know if you had given any consideration to that being I mean, is that you want that, I guess, to be the case. Representative, I understand your concern, and I've thought of that, and I understand that once people are convicted of a crime such as becoming a registered sex offender 3 or 4. I understand they've got to be somewhere. They've got to live somewhere. It's, it's my view. They just don't need to be within 100 ft of a water park, and if they have a child that needs to go there, I suggest they find another family member or friend to take them. OK. Represent Tosha recognized for her question. Thank you, Madam Chair. I just want to follow up a little bit, representative from the 100 100 ft that you have the sex offenders stay. I really, when I read that, I really thought that was a good idea because instead of having them just stand at the door, I think you're uh language said entering the park that would not keep someone as you already explained from standing just there lurking around the door and 100 ft is not a great distance. So, uh, I guess if you help me understand this, so you came up with 100 ft because that was still allow someone to drive through the park, drop them off if they had a child or something, but still not get close enough to the park to be any threat to those kids. Is that, is that how that come about? Yes, Representative, I think that's correct. Yes, sir. Thank you. Members, any other questions? Lord, do y'all have anything you wish to add? Um, no, I, I did want to point out too that I know I was contacted by uh Hot Springs Village and the language in the new bill would, would be enough to encompass places like Hot Springs Village that are incorporated, so I know that didn't come up, but when it's talking about political subdivisions in the state, so I just wanted to make sure that was clear and Representative Collins, I might also add they're already restrictions on sex offenders with going to public schools and things like that with their children, so I do thinks the 100 ft, unlike the 1000 ft near a school, I think that's a little bit more reasonable, so. Just want to add that. Thank you. Members, any other questions? Seeing no further questions, we do have an individual who has signed up to speak in favor of the bill. Captain Christy Bennett, you're recognized to come to the end of the table, identify yourself, and you may speak in favor of the bill. I guess it's cheap. It's not really captain, it's chief. Uh, full disclosure, Chief Bennett was the previous uh police chief in Texarkana, and we hated to lose her to Hot Springs Village, but she's doing a phenomenal job. You're recognized chief. Thank you, Madam Chair and members of the committee today. I just wanted to say very quickly I appreciate Representative Deffield for bringing that to the committee's attention for this bill. We've had a specific incident where we have a level 3 sex offender inside the village who frequents our waterways and because of the restrictions we've not been able to do anything. This was a level 3 sex offender who was convicted in 2009 of sexual indecency at one of our waterways and then again in 2022. Um, but we weren't able to violate him through his assessment. He had shown over 200 violations in his assessment, so we know that this is a predator and we're, um, very appreciative of any support we can have to make sure we keep our children safe in our communities. Any questions for Chief Bennett? So no questions. Thank you for your testimony today. Thank you, Madam Chair. We have no one else who's signed up to speak for or against the bill representing Duffield. You're recognized to come and close for your bill. Thank you committee for your time today. I think that this bill accomplishes what it intends to do, and that's to help protect the children of the state of Arkansas, and I'd appreciate a good vote. Members, we have a motion to do passed by Representative Tosh. Is there any discussion of the motion? Seeing no discussion, all in favor of the motion, please say aye. Any opposed say no. I have it. Congratulations, you have passed your bill. Thank you, Madam Chair. Thank you for the time. Members, that is all that we have on our agenda to discuss today, um, I would encourage you to go by and, and see the nurses, uh, stuff in the rotunda. Once again, welcome to our capital. Feel free to visit with any of the members of the committee. I'm sure they'll be happy to. And with that, we are adjourned.