Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 190
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 By: Senators A. Clark, Hester
 By: Representative Pilkington
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                                    For An Act To Be Entitled
                AN ACT CONCERNING CRIMINAL OFFENSES AND VIOLATIONS OF
                THE LAW FOR WHICH AN AVAILABLE PENALTY IS A DRIVER'S
                LICENSE SUSPENSION OR REVOCATION; TO REMOVE A
                DRIVER'S LICENSE SUSPENSION OR REVOCATION AS AN
                AVAILABLE PENALTY FOR OFFENSES NOT RELATED TO DRIVING
                A MOTOR VEHICLE; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO REMOVE A DRIVER'S LICENSE SUSPENSION
                         OR REVOCATION AS AN AVAILABLE PENALTY FOR
                         OFFENSES NOT RELATED TO DRIVING A MOTOR
                         VEHICLE.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code Title 16, Chapter 10, Subchapter 1, is
 amended to add an additional section to read as follows:
        16-10-142.        Prohibition against suspension of driver's license.
        (a)    Unless the requirements of subsection (b) of this section are met:
                (1)      A circuit court or a district court shall not suspend a
 person's driver's license solely because the person has failed to pay a fine
 or fee as ordered by the circuit court or district court; and
                (2)      A district court shall not suspend a person's driver's
 license solely because the person has failed to appear as required by the
 district court.
        (b)    If a person has failed to pay a fine or fee assessed by a circuit
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                                                                                SB190
 court or district court or has failed to appear in district court, the
 circuit court or district court, as applicable, may suspend the person's
 driver's license if the circuit court or district court:
               (1)   Orders the suspension to begin within fifteen (15) days of
 the date of the order if the person fails to make arrangements to pay the
 fine or fee or appear, whichever is applicable; and
               (2)   Transmits a copy of the order electronically, by fax, or by
 letter to the appropriate division of the Department of Finance and
 Administration.
      (c)   The department shall notify the person by first class mail sent to
 the person's last known address that he or she risks having his or her
 driver's license suspended if the person does not make arrangements with the
 circuit court or district court to pay the fine or fee or appear, whichever
 is applicable, within fifteen (15) days of the date of the order suspending
 the driver's license.
      (d)(1)     If the person makes sufficient arrangements with the circuit
 court or district court to pay the fine or fee or appear, whichever is
 applicable, the circuit court or district court shall issue a new order
 stating that the person's driver's license is no longer suspended as directed
 under subsection (b) of this section.
               (2)   The circuit court or district court shall transmit a copy of
 the order rescinding the suspension of the person's driver's license to the
 department electronically, by fax, or by letter.
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      SECTION 2.      Arkansas Code  16-13-708 is amended to read as follows:
      16-13-708.      Revocation of registration or license.
      (a)   The If the court has complied with the requirements of  16-10-
 142(b), the court may certify in writing to the Department of Finance and
 Administration that a debtor has failed to make satisfactory arrangements for
 the payment of fines and request the department to revoke, suspend, or refuse
 to renew the debtor's motor vehicle registration or driver's license.
      (b)   For driver's license revocation, the court must shall provide the
 department with the debtor's full name, social security Social Security
 number, and last known address.
      (c)   For motor vehicle registration revocation, the court must shall
 provide the department with the debtor's full name and the license plate
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                                                                                  SB190
 number or vehicle identification number of the debtor's vehicle.
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      SECTION 3.      Arkansas Code  16-17-131 is amended to read as follows:
      16-17-131.      Suspension of license for failure Failure to appear 
 Required appearance  Suspension of driver's license.
      (a)   A person required to appear before a district court in this state,
 having been served with any form of notice to appear for any criminal
 offense, traffic violation, or misdemeanor charge, shall appear at the time
 and place designated in the notice.
      (b)(1)     If a person fails to appear as required in subsection (a) of
 this section and if the court has complied with the requirements of  16-10-
 142(b), the presiding judge district court may suspend the person's driver's
 license.
               (2)   The driver's license shall be suspended until the person
 appears and completes the sentence ordered by the district court.
               (3)   After the person satisfies all requirements of the sentence,
 the Department of Finance and Administration shall assess the current fees
 for reinstatement of a driver's license.
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