Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 274 of the Regular Session
 1   State of Arkansas                   As Engrossed:       H1/19/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1062
 4
 5   By: Representatives L. Fite, Wardlaw
 6   By: Senator K. Hammer
 7
 8                                     For An Act To Be Entitled
 9                    AN ACT TO INCREASE THE LOOKBACK PERIOD FOR PRIOR
10                    CONVICTIONS OF BOATING OR DRIVING WHILE INTOXICATED
11                    FOR THE PURPOSE OF SENTENCE ENHANCEMENT; AND FOR
12                    OTHER PURPOSES.
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14
15                                                 Subtitle
16                           TO INCREASE THE LOOKBACK PERIOD FOR PRIOR
17                           CONVICTIONS OF BOATING OR DRIVING WHILE
18                           INTOXICATED FOR THE PURPOSE OF SENTENCE
19                           ENHANCEMENT.
20
21
22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24           SECTION 1.       Arkansas Code  5-65-111 is amended to read as follows:
25           5-65-111.       Sentencing  Periods of incarceration  Exception.
26           (a)(1)      A person who pleads guilty or nolo contendere to or is found
27   guilty of violating  5-65-103, for a first offense, is upon conviction is
28   guilty of an unclassified misdemeanor and may be imprisoned for not less
29   than:
30                           (A)   Twenty-four (24) hours but no more than one (1) year;
31   or
32                           (B)   Seven (7) days but no more than one (1) year if a
33   passenger under sixteen (16) years of age was in the motor vehicle or
34   motorboat at the time of the offense.
35                    (2)    The court may order public service instead of imprisonment
36   and, if the court orders public service, the court shall include the reasons
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     As Engrossed:       H1/19/21                                                   HB1062
 1   for the order of public service instead of imprisonment in the court's
 2   written order or judgment.
 3        (b)(1)     A person who pleads guilty or nolo contendere to or is found
 4   guilty of violating  5-65-103 for a second offense occurring within five (5)
 5   ten (10) years of the first offense is upon conviction is guilty of an
 6   unclassified misdemeanor and may be imprisoned for not less than:
 7                         (A)   Seven (7) days but no more than one (1) year; or
 8                         (B)   Thirty (30) days but no more than one (1) year if a
 9   passenger under sixteen (16) years of age was in the motor vehicle or
10   motorboat at the time of the offense.
11                 (2)    The court may order public service instead of imprisonment
12   in the following manner, and if the court orders public service, the court
13   shall include the reasons for the order of public service instead of
14   imprisonment in its written order or judgment:
15                         (A)   Not less than thirty (30) days; or
16                         (B)   Not less than sixty (60) days if a passenger under
17   sixteen (16) years of age was in the motor vehicle or motorboat at the time
18   of the offense.
19        (c)(1)     A person who pleads guilty or nolo contendere to or is found
20   guilty of violating  5-65-103 for a third offense occurring within five (5)
21   ten (10) years of the first offense is upon conviction is guilty of an
22   unclassified misdemeanor and may be imprisoned for not less than:
23                         (A)   Ninety (90) days but no more than one (1) year; or
24                         (B)   One hundred twenty (120) days but no more than one (1)
25   year if a passenger under sixteen (16) years of age was in the motor vehicle
26   or motorboat at the time of the offense.
27                 (2)    The court may order public service instead of imprisonment
28   in the following manner, and if the court orders public service, the court
29   shall include the reasons for the order of public service instead of
30   imprisonment in its written order or judgment:
31                         (A)   Not less than ninety (90) days; or
32                         (B)   Not less than one hundred twenty (120) days if a
33   passenger under sixteen (16) years of age was in the motor vehicle or
34   motorboat at the time of the offense.
35        (d)   A person who pleads guilty or nolo contendere to or is found
36   guilty of violating  5-65-103 for a fourth offense occurring within five (5)
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     As Engrossed:       H1/19/21                                                HB1062
 1   ten (10) years of the first offense is upon conviction is guilty of an
 2   unclassified felony and may be imprisoned for not less than:
 3                 (1)    One (1) year but no more than six (6) years; or
 4                 (2)    Two (2) years but no more than six (6) years if a passenger
 5   under sixteen (16) years of age was in the motor vehicle or motorboat at the
 6   time of the offense.
 7        (e)   A person who pleads guilty or nolo contendere to or is found
 8   guilty of violating  5-65-103 for a fifth or subsequent offense occurring
 9   within five (5) ten (10) years of the first offense is upon conviction is
10   guilty of an unclassified felony and may be imprisoned for no fewer than:
11                 (1)    Two (2) years but no more than ten (10) years; or
12                 (2)    Three (3) years but no more than ten (10) years if a
13   passenger under sixteen (16) years of age was in the motor vehicle or
14   motorboat at the time of the offense.
15        (f)   A person who pleads guilty or nolo contendere to or is found
16   guilty of violating  5-65-103 for a sixth or subsequent offense occurring
17   within ten (10) twenty (20) years of the first offense is upon conviction is
18   guilty of a Class B felony.
19        (g)   A certified judgment of conviction of driving or boating while
20   intoxicated or other equivalent offense from another state or jurisdiction
21   may be used to enhance the penalties as a previous offense under this
22   section.
23        (h)   For any arrest or offense occurring before July 22, 2015, but the
24   effective date of this act that has not reached a final disposition as to
25   judgment in court, the offense shall be decided under the law in effect at
26   the time the offense occurred, and the defendant is subject to the penalty
27   provisions in effect at that time and not under the provisions of this
28   section.
29        (i)   It is an affirmative defense to prosecution under subdivisions
30   (a)(1)(B), (b)(1)(B), (c)(1)(B), (d)(2), and (e)(2) of this section that the
31   person operating or in actual physical control of the motor vehicle or
32   motorboat was not more than two (2) years older than the passenger.
33        (j)(1)     A prior conviction for  5-10-105(a)(1)(A) or  5-10-
34   105(a)(1)(B) is considered a previous offense for purposes of this section.
35                 (2)    A prior conviction under former  5-76-102 is considered a
36   previous offense for purposes of this section only if the current offense is
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     As Engrossed:   H1/19/21                                               HB1062
 1   operating a motorboat on the waters of this state while intoxicated.
 2
 3                                    /s/L. Fite
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 6                                 APPROVED: 3/8/21
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