Impact Assessment for HB1088
Sponsored by Representative M. Berry
Subtitle TO AMEND THE DEFINITIONS USED IN RELATION TO THE OFFENSE OF THREATENING A
JUDICIAL OFFICIAL OR JUROR
Impact Summary1 Minimal, affecting fewer than ten offenders per year.
Change from Current Law2 Amends Arkansas Code Annotated § 5-53-201, Definitions. Under the proposed bill, (1)
immediate family is amended to include the parent of a judicial official or juror, and (2) judicial official is amended to
include prosecuting attorney or deputy prosecuting attorney. [New language indicated by italics.] A.C.A. § 5-53-201,
Definitions defines terms used in the criminal offense, A.C.A.§ 5-53-202, Threatening a judicial official or juror – Penalty.
[See attached for a reproduction of both code sections].
Impact Information The proposed bill amends the definition of immediate family to include parents and amends the
definition of judicial official or juror to include prosecuting attorneys or deputy prosecuting attorneys. The Administrative
Office of the Courts reports that for the three (3) year period beginning January 1, 2020 and ending December 31, 2022,
there were three (3) convictions for a violation of A.C.A.§ 5-53-202, Threatening a judicial official or juror – Penalty. The
Arkansas Division of Correction (ADC) reports that as of December 2, 2022, there were two (2) inmates serving a term of
incarceration for a violation of A.C.A.§ 5-53-202, Threatening a judicial official or juror – Penalty. Of these, one (1) inmate
was serving a term of incarceration for which A.C.A. § 5-53-202 is the primary offense. Available data indicates fewer
than ten offenders are affected. For this reason, the projected impact of the proposed bill is minimal.
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1 This impact assessment was prepared 1/18/2023 8:16 AM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Department of Corrections and the Administrative Office of the Courts. A micro-simulation model
may be used for bills which have the potential for significant impact on correctional resources. The following designations will be used:
“minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC costs; and “major” =
would require budgetary increases for ADC costs and construction costs for additional beds.
2
Standard punishment ranges: Misdemeanors
Class Y 10-40 years or life Class C 3-10 years; up to $10,000 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000 Class D 0-6 years; up to $10,000 Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000 Unclassified As specified in statute Class C Up to 30 days; up to $500
A.C.A. § 5-53-201. Definitions.
As used in this subchapter:
(1) “Immediate family” means the spouse or child of a judicial official or juror;
(2) “Judicial official” means any:
(A) District judge, circuit judge, or Court of Appeals judge;
(B) Supreme Court Justice; or
(C) Person authorized to hear evidence under oath; and
(3) “Juror” means any citizen of the state impaneled as a grand juror or petit juror.
History
Acts 2003, No. 1313, § 1.
A.C.A. § 5-53-202. Threatening a judicial official or juror — Penalty.
(a) A person commits the offense of threatening a judicial official or juror if the person directly or indirectly utters or
otherwise makes a threat toward another person whom the person knows or should know to be a:
(1) Judicial official;
(2) Juror; or
(3) Member of the immediate family of a judicial official or juror.
(b)
(1) Threatening a judicial official or juror is a Class B felony if the person threatens:
(A) To cause death or serious physical injury to a judicial official, juror, or any member of a judicial
official's or juror's immediate family; or
(B) Substantial damage to property owned or possessed by a judicial official, juror, or any member of a
judicial official's or juror's immediate family.
(2) Threatening a judicial official or juror is a Class C felony if the person threatens:
(A) To cause physical injury to a judicial official, juror, or any member of a judicial official's or juror's
immediate family; or
(B) Damage to property owned or possessed by a judicial official, juror, or any member of a judicial
official's or juror's immediate family.
(c) It is an affirmative defense to any prosecution under this subchapter that at the time the defendant engaged in the
conduct, the threat did not relate to the person's status or actions as a:
(1) Judicial official;
(2) Juror; or
(3) Member of the immediate family of a judicial official or juror.
History
Acts 2003, No. 1313, § 2.


Statutes affected:
HB 1088: 5-53-201(1)