Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 94th General Assembly                         A Bill
 Regular Session, 2023                                                              HOUSE BILL 1029
 4
 By: Representative S. Meeks
 6
                                    For An Act To Be Entitled
                 AN ACT TO AUTHORIZE DELAYED RELEASE FROM PRISON FOR
                 CERTAIN SEX OFFENDERS UNTIL THE SEX OFFENDER HAS
                 SERVED AT LEAST EIGHTY PERCENT (80%) OF HIS OR HER
                 SENTENCE; AND FOR OTHER PURPOSES.
12
13
                                                Subtitle
                         TO AUTHORIZE DELAYED RELEASE FROM PRISON
                         FOR CERTAIN SEX OFFENDERS UNTIL THE SEX
                         OFFENDER HAS SERVED AT LEAST EIGHTY
                         PERCENT (80%) OF HIS OR HER SENTENCE.
19
20
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
         SECTION 1.       Arkansas Code Title 5, Chapter 4, Subchapter 4, is amended
 to add an additional section to read as follows:
         5-4-406.      Delayed release for certain sex offenders.
         (a)    As used in this section:
                 (1)     "Delayed release" means that a person who receives a
 sentence of imprisonment is not eligible for parole unless the person has
 served at least eighty percent (80%) of his or her sentence;
                 (2)     "Minor" means a person less than eighteen (18) years of age;
 and
                 (3)     "Sex offense" means the following offenses if the victim of
 the offense is a minor:
                          (A)   Rape, § 5-14-103;
                          (B)   Sexual indecency with a child, § 5-14-110;
                          (C)   Sexual extortion, § 5-14-113;
     *CRH008*                                                                  12/6/2022 10:56:51 AM CRH008
                                                                                  HB1029
                     (D)   Sexual assault in the first degree, § 5-14-124;
                     (E)   Sexual assault in the second degree, § 5-14-125;
                     (F)   Sexual assault in the third degree, § 5-14-126;
                     (G)   Sexual assault in the fourth degree, § 5-14-127, if a
 Class D felony;
                     (H)   Patronizing a victim of human trafficking, § 5-18-104;
                     (I)   Grooming a minor for future sex trafficking, § 5-18-
 106;
                     (J)   Traveling for the purpose of an unlawful sex act with
 a minor, § 5-18-107;
                     (K)   Incest, § 5-26-202;
                     (L)   Engaging children in sexually explicit conduct for use
 in visual or print medium, § 5-27-303;
                     (M)   Pandering or possessing visual or print medium
 depicting sexually explicit conduct involving a child, § 5-27-304;
                     (N)   Transportation of minors for prohibited sexual
 conduct, § 5-27-305;
                     (O)   Internet stalking of a child, § 5-27-306;
                     (P)   Sexually grooming a child, § 5-27-307, if a Class D
 felony;
                     (Q)   Employing or consenting to use of a child in sexual
 performance, § 5-27-402;
                     (R)   Producing, directing, or promoting a sexual
 performance by a child, § 5-27-403;
                     (S)   Promoting prostitution in the first degree, § 5-70-
 104; or
                     (T)   An attempt, solicitation, or conspiracy to commit any
 of the offenses enumerated in this subdivision (a)(3) if the attempt,
 solicitation, or conspiracy itself is a felony.
        (b)   A person who commits a sex offense is subject to delayed release.
31
        SECTION 2.   Arkansas Code § 16-93-612(g), concerning parole eligibility
 and the date of offense, is amended to read as follows:
        (g)   Notwithstanding any law allowing the award of meritorious good
 time or any other law to the contrary, if the felony is an offense that is
 subject to delayed release under § 5-4-405 and was committed on or after July
                                           2             12/6/2022 10:56:51 AM CRH008
                                                                               HB1029
 28, 2021, or under § 5-4-406 and was committed on or after the effective date
 of this act, the person shall not be eligible for parole or community
 correction transfer until the person serves a minimum of eighty percent (80%)
 of the term of imprisonment to which the person is sentenced.
 5
      SECTION 3.   The introductory language of Arkansas Code § 16-93-613(a),
 concerning parole eligibility related to Class Y, Class A, or Class B
 felonies, is amended to read as follows:
      (a)   Except for those persons subject to delayed release under § 5-4-
 405 or § 5-4-406, a person who commits a Class Y felony, Class A felony, or
 Class B felony, except those drug offenses addressed in § 16-93-618 or those
 Class Y felonies addressed in § 5-4-104(c)(2), § 16-93-614, or § 16-93-618,
 and who shall be convicted and incarcerated for that felony, shall be
 eligible for release on parole as follows:
15
      SECTION 4.   The introductory language of Arkansas Code § 16-93-
 618(a)(1), concerning the parole eligibility for individuals who commit
 seventy-percent offenses, is amended to read as follows:
      (a)(1)   Notwithstanding any law allowing the award of meritorious good
 time or any other law to the contrary, and subject to delayed release under
 § 5-4-405 or § 5-4-406, a person who is found guilty of or pleads guilty or
 nolo contendere to subdivisions (a)(1)(A)-(I) of this section shall not be
 eligible for parole or community correction transfer, except as provided in
 subdivision (a)(3) or subsection (c) of this section, until the person serves
 seventy percent (70%) of the term of imprisonment to which the person is
 sentenced, including a sentence prescribed under § 5-4-501:
27
28
29
30
31
32
33
34
35
36
                                        3             12/6/2022 10:56:51 AM CRH008
Statutes affected: 
HB 1029: 16-93-612(g), 16-93-613(a)