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 SENATE BILL 385
4
5 By: Senator C. Penzo
6 By: Representative Unger
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING ISSUES RELATED TO
10 CHILD SEX TRAFFICKING AND CHILD EXPLOITATION; TO
11 EXCEPT CERTAIN PERSONS ENGAGED IN BONA FIDE
12 INVESTIGATIONS INTO A CRIMINAL OFFENSE FROM THE LAW
13 CONCERNING THE DISTRIBUTION, POSSESSION, OR VIEWING
14 OF MATTER DEPICTING SEXUALLY EXPLICIT CONDUCT
15 INVOLVING A CHILD; TO CREATE MULTIDISCIPLINARY TEAMS
16 TO PROVIDE RESPONSES SPECIFIC TO CHILD SEX
17 TRAFFICKING AND CHILD EXPLOITATION CASES; AND FOR
18 OTHER PURPOSES.
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21 Subtitle
22 TO AMEND THE LAW CONCERNING ISSUES
23 RELATED TO CHILD SEX TRAFFICKING AND
24 CHILD EXPLOITATION.
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27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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29 SECTION 1. Arkansas Code § 5-27-602, concerning the offense of
30 distributing, possessing, or viewing matter depicting sexually explicit
31 conduct involving a child, is amended to add an additional subsection to read
32 as follows:
33 (d) This section does not apply to matter depicting sexually explicit
34 conduct with a child that is possessed by the following individuals in the
35 course of conducting their professional duties for a bona fide medical,
36 scientific, governmental, law enforcement, or judicial purpose:
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1 (1) A physician;
2 (2) A psychologist;
3 (3) A scientist;
4 (4) An attorney;
5 (5) An employee of the Department of Human Services;
6 (6) An employee of a law enforcement agency;
7 (7) A judge;
8 (8) A judicial clerk; or
9 (9) A member of a multidisciplinary team created under § 12-19-
10 106.
11
12 SECTION 2. Arkansas Code Title 12, Chapter 19, Subchapter 1, is
13 amended to add an additional section to read as follows:
14 12-19-106. Child sex trafficking and child exploitation —
15 Multidisciplinary teams — Creation.
16 (a) The Prosecutor Coordinator shall work with the following to
17 develop recommendations on the creation of multidisciplinary teams to provide
18 responses specific to child sex trafficking and child exploitation cases:
19 (1) The Identification Bureau of the Division of Arkansas State
20 Police;
21 (2) The Arkansas Sheriffs' Association;
22 (3) The Arkansas Association of Chiefs of Police;
23 (4) The Children's Advocacy Centers of Arkansas; and
24 (5) The National Child Protection Task Force, Inc.
25 (b)(1) The Prosecutor Coordinator shall create the multidisciplinary
26 teams recommended under subsection (a) of this section.
27 (2) The multidisciplinary teams created under this section
28 shall:
29 (A) Enhance the services provided to victims of child sex
30 trafficking and child exploitation;
31 (B) Improve the coordination of investigations and the
32 tracking of child sex trafficking and child exploitation cases; and
33 (C) Identify gaps in:
34 (i) Services provided to victims of child sex
35 trafficking and child exploitation; and
36 (ii) The prevention of child sex trafficking and
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1 child exploitation.
2 (c) The entities involved in the creation of multidisciplinary teams
3 under this section may consult with other public and private groups,
4 organizations, and agencies that have knowledge of the child sex trafficking
5 and child exploitation victim populations and are willing to assist in
6 accomplishing the goals identified in this section.
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8 SECTION 3. TEMPORARY LANGUAGE. DO NOT CODIFY. Multidisciplinary team
9 recommendations — Reporting requirements.
10 The Prosecutor Coordinator shall report the recommendations developed
11 for multidisciplinary teams to provide responses specific to child sex
12 trafficking and child exploitation cases under § 12-19-106 to the Chair of
13 the House Committee on Judiciary and the Chair of the Senate Committee on
14 Judiciary by December 31, 2023.
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Statutes affected:
SB 385: 5-27-602