The bill aims to establish the offense of aggravated criminal trespass in Arkansas law, alongside making technical corrections to existing statutes. It amends Arkansas Code 5-39-203 to define aggravated criminal trespass as the unlawful entry or remaining in a residential occupiable structure, an outbuilding connected to such a structure, or a vehicle owned or leased by another person. This new offense is classified as a Class D felony. Additionally, the bill modifies the existing criminal trespass statute to include aggravated criminal trespass in the context of forfeiture requirements for certain items used in the commission of these offenses.

Furthermore, the bill includes provisions for individuals or entities with a valid security interest in items subject to seizure and forfeiture, ensuring they receive notice and the right to intervene in forfeiture proceedings. It also clarifies defenses against prosecution for both criminal and aggravated criminal trespass, such as being a guest or having lawful authorization to enter the premises. The bill enhances protections for individuals experiencing workplace violence by allowing employers to seek restraining orders against individuals who have stalked or harassed employees at the work site, incorporating aggravated criminal trespass into the relevant legal framework.

Statutes affected:
Old version SB238 Original - 2-9-2023 12:15 PM: 5-5-201(c), 5-39-203, 5-39-305, 2-39-102, 11-5-115(a)
Old version SB238 V2 - 3-7-2023 09:46 AM: 5-5-201(c), 5-39-203, 5-39-305, 03-07-2023, 2-39-102, 11-5-115(a)
SB 238: 5-5-201(c), 5-39-203, 5-39-305, 03-07-2023, 2-39-102, 11-5-115(a)