Stricken language would be deleted from and underlined language would be added to present law.
Act 340 of the Regular Session
1 State of Arkansas As Engrossed: H2/10/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1317
4
5 By: Representatives L. Johnson, Richmond, M. Davis, Maddox, Vaught, Lundstrum, C. Fite, Wardlaw,
6 Boyd, Crawford, Richardson
7 By: Senator Hester
8
9 For An Act To Be Entitled
10 AN ACT CONCERNING THE THEFT OF A POSTAL PACKAGE
11 DELIVERED TO A PERSON'S RESIDENCE AND LEFT WITHIN THE
12 CURTILAGE OF THE RESIDENCE; TO MAKE TECHNICAL
13 CORRECTIONS; TO DECLARE AN EMERGENCY; AND FOR OTHER
14 PURPOSES.
15
16
17 Subtitle
18 CONCERNING THE THEFT OF A POSTAL PACKAGE
19 DELIVERED TO A PERSON'S RESIDENCE AND
20 LEFT WITHIN THE CURTILAGE OF THE
21 RESIDENCE; TO MAKE TECHNICAL CORRECTIONS;
22 AND TO DECLARE AN EMERGENCY.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code 5-36-101, concerning definitions used in
28 regard to theft offenses, is amended to add additional subdivisions to read
29 as follows:
30 (22)(A) Curtilage means the land adjoining a residential
31 occupiable structure that is habitually used for residential purposes but is
32 not necessarily enclosed.
33 (B) "Curtilage" includes an outbuilding that is directly
34 connected with and in close proximity to the residential occupiable
35 structure;
36 (23) Postal package means a letter, package, parcel, bag, or
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 As Engrossed: H2/10/21 HB1317
1 container used to ship goods or a sealed article that:
2 (A) Is addressed to a person and has been left for the
3 person by a common carrier or delivery service; or
4 (B) Has been left by a consumer at his or her residence to
5 be collected by a common carrier or delivery service; and
6 (24) "Residential occupiable structure" means a vehicle,
7 building, or other structure in which a person lives or that is customarily
8 used for overnight accommodation of a person whether or not a person is
9 actually present.
10
11 SECTION 2. Arkansas Code 5-36-103(b)(3), concerning the types of
12 theft of property that constitute a Class D felony, is amended to read as
13 follows:
14 (3) Class D felony if:
15 (A) The value of the property is five thousand dollars
16 ($5,000) or less but more than one thousand dollars ($1,000);
17 (B) The property is a firearm valued at less than two
18 thousand five hundred dollars ($2,500);
19 (C) The property is a:
20 (i) Credit card or credit card account number; or
21 (ii) Debit card or debit card account number;
22 (D) The value of the property is at least one hundred
23 dollars ($100) or more but less than five hundred dollars ($500) and the
24 theft occurred in an area declared to be under a state of emergency pursuant
25 to proclamation by the President of the United States, the Governor, or the
26 executive officer of a city or county;
27 (E) The property is livestock and the value of the
28 livestock is in excess of two hundred dollars ($200);
29 (F) The property is an electric power line, gas line,
30 water line, wire or fiber insulator, electric motor, or other similar
31 apparatus connected to a farm shop, on-farm grain drying and storage complex,
32 heating and cooling system, environmental control system, animal production
33 facility, irrigation system, or dwelling;
34 (G) The property is a decorative or memorial item from a
35 cemetery, graveyard, or a person's grave site and the offense is the actor's
36 second or subsequent offense of theft of a decorative or memorial item from a
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 As Engrossed: H2/10/21 HB1317
1 cemetery, graveyard, or a person's grave site under this section; or
2 (H) The property is oil and gas equipment, and the value
3 of the property oil and gas equipment is one thousand dollars ($1,000) or
4 less, and the person:
5 (i) Caused more than two hundred fifty dollars
6 ($250) in incidental damage to the owner of the oil and gas equipment during
7 the commission of the offense; or
8 (ii) Transported the oil and gas equipment across
9 state lines to sell or dispose of the oil and gas equipment; or
10 (I) The property is a postal package removed from the
11 curtilage of a residential occupiable structure or from a delivery vehicle at
12 any point throughout the delivery route; or
13
14 SECTION 3. EMERGENCY CLAUSE. It is found and determined by the
15 General Assembly of the State of Arkansas that due to the coronavirus 2019
16 (COVID-19) pandemic and public health restrictions and advisories, more
17 people are ordering household items and goods to be delivered to their
18 residences; that instead of just luxury items and mail order items, vital
19 household items such as disinfectants, masks, cleaners, food, and other vital
20 and necessary supplies are being shipped directly to people's houses; and
21 that this act is immediately necessary because the vital and necessary items
22 are being stolen instead of just luxury items and mail order items are
23 depended on by Arkansas families trying to stay safe from the pandemic.
24 Therefore, an emergency is declared to exist, and this act being immediately
25 necessary for the preservation of the public peace, health, and safety shall
26 become effective on:
27 (1) The date of its approval by the Governor;
28 (2) If the bill is neither approved nor vetoed by the Governor,
29 the expiration of the period of time during which the Governor may veto the
30 bill; or
31 (3) If the bill is vetoed by the Governor and the veto is
32 overridden, the date the last house overrides the veto.
33
34 /s/L. Johnson
35 APPROVED: 3/15/21
36
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Statutes affected:
Old version HB1317 Original - 1-27-2021 02:29 PM: 5-36-101, 5-36-103(b)
Old version HB1317 V2 - 2-10-2021 10:10 AM: 5-36-101, 5-36-103(b)
HB 1317: 5-36-101, 5-36-103(b)
Act 340: 5-36-101, 5-36-103(b)
Old version of HB 1317 - 02-10-21: 5-36-101, 5-36-103(b)
Old version of HB 1317 - 01-27-21: 5-36-101, 5-36-103(b)