The proposed bill aims to establish the offense of unlawful removal or failure to charge an electronic monitoring device in Arkansas. It introduces a new section, 5-54-123, to the Arkansas Code, defining "electronic monitoring device" and "pending charge." The bill specifies that a person commits this offense if they knowingly remove the device from their body or fail to charge it properly, thereby preventing it from tracking their location. The offense is classified as a Class A misdemeanor, and a defense can be made if the removal or failure to charge was due to an emergency or unforeseen circumstance.
Additionally, the bill mandates that upon conviction, defendants must pay restitution for any damage, loss, or destruction of the electronic monitoring device. This legislation seeks to enhance compliance with monitoring requirements for individuals on probation, parole, or awaiting trial, thereby improving public safety and accountability.