The bill amends Arkansas law regarding theft of property by introducing a specific definition of "cargo" and establishing enhanced penalties for theft involving cargo. The new definition clarifies that "cargo" includes goods and items that are part of a commercial shipment moving in commerce, while explicitly excluding direct-to-consumer goods. Additionally, the bill defines "moving in commerce" to encompass all points from the origin to the final destination, regardless of any temporary stops.
Furthermore, the bill introduces an enhanced penalty for individuals convicted of theft of cargo, allowing for an additional term of imprisonment of up to ten years. Prosecuting attorneys are required to notify defendants in writing if they are subject to this enhanced sentence, which will be consecutive to any other sentences imposed. The bill also states that individuals convicted under this provision will not be eligible for earned release credits for the enhanced portion of their sentence. An emergency clause is included, emphasizing the urgency of addressing theft of goods in commerce to protect the economy and public safety.
Statutes affected: SB 301: 5-36-101, 5-36-103
Act 322: 5-36-101, 5-36-103