Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1480
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5 By: Representatives Gonzales, Pilkington, Vaught
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE LAW CONCERNING THE DEFENSES TO
9 PROSECUTION FOR OPERATING AN ALL-TERRAIN VEHICLE ON A
10 PUBLIC STREET OR HIGHWAY; AND FOR OTHER PURPOSES.
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13 Subtitle
14 TO AMEND THE LAW CONCERNING THE DEFENSES
15 TO PROSECUTION FOR OPERATING AN ALL-
16 TERRAIN VEHICLE ON A PUBLIC STREET OR
17 HIGHWAY.
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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 § 27-21-109 is amended to read as follows:
23 27-21-109. Defenses to prosecution — Definition.
24 (a) It is not a defense to a prosecution under this chapter that the
25 driver or operator possesses a valid driver's license or motorcycle
26 operator's license.
27 (b) It is a defense to prosecution under § 27-21-106 for a violation
28 of operating an all-terrain vehicle upon a public street or highway if the
29 all-terrain vehicle operator can show by a preponderance of the evidence
30 that:
31 (1) The public street or highway was outside the city limits of
32 any municipality or incorporated town in Arkansas;
33 (2)(1) The public street or highway was not an interstate
34 highway;
35 (3)(2) Traveling on the public street or highway was the most
36 reasonable route of access available to him or her from:
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1 (A) One off-road trail to another off-road trail; or
2 (B) His or her private property to an off-road trail; and
3 (4)(3) His or her purpose for riding on the public street or
4 highway was to get from:
5 (A) One off-road trail to another off-road trail; or
6 (B) His or her private property to an off-road trail.
7 (c) As used in this section, “his or her private property” means real
8 property that an operator of an all-terrain vehicle:
9 (1) Owns;
10 (2) Leases;
11 (3) Resides at with the owner or lessee of the real property; or
12 (4) Is staying at for a specific period of time as an invitee,
13 including without limitation a:
14 (A) Vacation resort;
15 (B) Rental cabin;
16 (C) Deeded timeshare; or
17 (D) Right-to-use timeshare.
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