Stricken language would be deleted from and underlined language would be added to present law.
Act 821 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1587
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5 By: Representative Gazaway
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7 For An Act To Be Entitled
8 AN ACT CONCERNING HABITUAL OFFENDERS; REQUIRING A
9 PERSON CONVICTED AS A HABITUAL OFFENDER TO SERVE A
10 PERIOD OF TIME IN PRISON; AND FOR OTHER PURPOSES.
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13 Subtitle
14 CONCERNING HABITUAL OFFENDERS; AND
15 REQUIRING A PERSON CONVICTED AS A
16 HABITUAL OFFENDER TO SERVE A PERIOD OF
17 TIME IN PRISON.
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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22 SECTION 1. Arkansas Code 5-4-501(a)(1), concerning sentencing for a
23 habitual offender, is amended to read as follows:
24 (a)(1) A defendant meeting the following criteria may be sentenced to
25 pay any fine authorized by law for the felony conviction and shall be
26 sentenced to an extended term of imprisonment as set forth in subdivision
27 (a)(2) of this section:
28 (A) A defendant who:
29 (i) Is convicted of a felony other than those
30 enumerated in subsections (c) and (d) of this section committed after June
31 30, 1993; and
32 (ii) Has previously been convicted of more than one
33 (1) felony but fewer than four (4) felonies or who has been found guilty of
34 more than one (1) but fewer than four (4) felonies;
35 (B) A defendant who:
36 (i) Is convicted of any felony enumerated in
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1 subsection (c) of this section committed after August 31, 1997; and
2 (ii) Has previously been convicted of more than one
3 (1) felony but fewer than four (4) felonies not enumerated in subsection (c)
4 of this section or who has been found guilty of more than one (1) but fewer
5 than four (4) felonies not enumerated in subsection (c) of this section; or
6 (C) A defendant who:
7 (i) Is convicted of any felony enumerated in
8 subsection (d) of this section committed after August 31, 1997; and
9 (ii) Has previously been convicted of more than one
10 (1) felony but fewer than four (4) felonies not enumerated in subsection (d)
11 of this section or has been found guilty of more than one (1) but fewer than
12 four (4) felonies not enumerated in subsection (d) of this section.
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14 SECTION 2. Arkansas Code 5-4-501(b)(1), concerning sentencing for a
15 habitual offender, is amended to read as follows:
16 (b)(1) A defendant meeting the following criteria may be sentenced to
17 pay any fine authorized by law for the felony conviction and shall be
18 sentenced to an extended term of imprisonment as set forth in subdivision
19 (b)(2) of this section:
20 (A) A defendant who:
21 (i) Is convicted of a felony other than a felony
22 enumerated in subsections (c) and (d) of this section committed after June
23 30, 1993; and
24 (ii) Has previously been convicted of four (4) or
25 more felonies or who has been found guilty of four (4) or more felonies;
26 (B) A defendant who:
27 (i) Is convicted of any felony enumerated in
28 subsection (c) of this section committed after June 30, 1997; and
29 (ii) Has previously been convicted of four (4) or
30 more felonies not enumerated in subsection (c) of this section or who has
31 been found guilty of four (4) or more felonies not enumerated in subsection
32 (c) of this section; or
33 (C) A defendant who:
34 (i) Is convicted of any felony enumerated in
35 subsection (d) of this section committed after June 30, 1997; and
36 (ii) Has previously been convicted of four (4) or
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1 more felonies not enumerated in subsection (d) of this section or who has
2 been found guilty of four (4) or more felonies not enumerated in subsection
3 (d) of this section.
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6 APPROVED: 4/21/21
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Statutes affected:
HB 1587: 5-4-501(a), 5-4-501(b)
Act 821: 5-4-501(a), 5-4-501(b)