Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1579
4
5 By: Representative B. Smith
6
7 For An Act To Be Entitled
8 AN ACT TO CREATE THE TERRORISM OFFENDER REGISTRATION
9 ACT OF 2021; AND FOR OTHER PURPOSES.
10
11
12 Subtitle
13 TO CREATE THE TERRORISM OFFENDER
14 REGISTRATION ACT OF 2021.
15
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 12, Chapter 12, is amended to add an
20 additional subchapter to read as follows:
21
22 Subchapter 20 Terrorism Offender Registration Act of 2021
23
24 12-12-2001. Title.
25 This subchapter shall be known and may be cited as the Terrorism
26 Offender Registration Act of 2021.
27
28 12-12-2002. Definitions.
29 As used in this subchapter:
30 (1) Change of address means a change of residence or a change
31 for more than thirty (30) days of a temporary domicile, change of location of
32 employment, education or training, or any other change that alters where a
33 terrorism offender regularly spends a substantial amount of time;
34 (2) Criminal justice agency means a government agency or any
35 subunit of a government agency that is authorized by law to perform the
36 administration of criminal justice and which allocates more than one-half
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1 (1/2) of its annual budget to the administration of criminal justice;
2 (3) Local law enforcement agency having jurisdiction means
3 the:
4 (A) Chief law enforcement officer of the municipality in
5 which a terrorism offender:
6 (i) Resides or expects to reside;
7 (ii) Is employed; or
8 (iii) Is attending an institution of training or
9 education; or
10 (B) County sheriff, if:
11 (i) The municipality does not have a chief law
12 enforcement officer; or
13 (ii) A terrorism offender resides or expects to
14 reside, is employed, or is attending an institution of training or education
15 in an unincorporated area of a county;
16 (4) Terrorism offender means a person convicted of a terrorism
17 offense; and
18 (5) Terrorism offense means an offense under 5-54-201 et
19 seq., and includes any substantially similar offense under the laws of
20 another state, or under any military, territorial, tribal, or federal law.
21
22 12-12-2003. Duty to register or verify registration Review of
23 requirements with offenders.
24 (a)(1)(A)(i) At the time of adjudication of guilt, the sentencing
25 court shall enter on the judgment and commitment or judgment and disposition
26 form that the offender is required to register as a terrorism offender.
27 (ii) If the sentencing court finds the offender is
28 required to register as a terrorism offender, then at the time of
29 adjudication of guilt the sentencing court shall require the terrorism
30 offender to complete the terrorism offender registration form prepared by the
31 Director of the Arkansas Crime Information Center under this subchapter and
32 shall forward the completed terrorism offender registration form to the
33 Arkansas Crime Information Center.
34 (B)(i) The Division of Correction shall ensure that a
35 terrorism offender received for incarceration has completed the terrorism
36 offender registration form.
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1 (ii) If the Division of Correction cannot confirm
2 that the terrorism offender has completed the terrorism offender registration
3 form, the Division of Correction shall require the terrorism offender to
4 complete the terrorism offender registration form upon intake, release, or
5 discharge.
6 (C)(i) The Division of Community Correction shall ensure
7 that a terrorism offender placed on probation or another form of community
8 supervision has completed the terrorism offender registration form.
9 (ii) If the Division of Community Correction cannot
10 confirm that the terrorism offender has completed the terrorism offender
11 registration form, the Division of Community Correction shall require the
12 terrorism offender to complete the terrorism offender registration form upon
13 intake, release, or discharge.
14 (2)(A) A terrorism offender who moves to or returns to this
15 state from another jurisdiction and who would be required to register as a
16 terrorism offender in the jurisdiction in which he or she was adjudicated
17 guilty or delinquent of a terrorism offense shall register with the local law
18 enforcement agency having jurisdiction in person within five (5) calendar
19 days after the terrorism offender moves to a municipality or county of this
20 state.
21 (B) A person living in this state who would be required to
22 register as a terrorism offender in the jurisdiction in which he or she was
23 adjudicated guilty or delinquent of a terrorism offense shall register as a
24 terrorism offender in this state whether living, working, or attending school
25 or other training in Arkansas.
26 (C) A terrorism offender sentenced and required to
27 register outside of Arkansas shall:
28 (i) Submit to assessment by Community Notification
29 Assessment if he or she is at least eighteen (18) years of age at the time he
30 or she enters this state to live, work, or attend school;
31 (ii) Provide a deoxyribonucleic acid (DNA) sample if
32 a sample is not already accessible to the State Crime Laboratory; and
33 (iii)(a) Pay the mandatory fee of two hundred fifty
34 dollars ($250) to be deposited into the DNA Detection Fund established by
35 12-12-1119 within ninety (90) days from the date of registration.
36 (b) Failure to pay the fee required under
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1 subdivision (a)(2)(C)(iii)(a) of this section is a Class A misdemeanor.
2 (b)(1) The registration file of a terrorism offender who is confined
3 in a correctional facility or serving a commitment following acquittal on the
4 grounds of mental disease or defect shall be inactive until the registration
5 file is updated by the state agency responsible for supervision of the
6 terrorism offender.
7 (2) Immediately prior to the release or discharge of a terrorism
8 offender or immediately following a terrorism offender's escape or his or her
9 absconding from supervision, the Division of Correction, the Division of
10 Community Correction, the Arkansas State Hospital, or the Department of Human
11 Services shall update the registration file of the terrorism offender who is
12 to be released or discharged or who has escaped or has absconded from
13 supervision.
14 (c)(1)(A) When registering a terrorism offender as provided in
15 subsection (a) of this section, the sentencing court, the Division of
16 Correction, the Division of Community Correction, the Arkansas State
17 Hospital, the Department of Human Services, or the local law enforcement
18 agency having jurisdiction shall:
19 (i) Inform the terrorism offender of the duty to
20 submit to assessment and to register and obtain the information required for
21 registration as described under this subchapter;
22 (ii) Inform the terrorism offender that if the
23 offender changes residency within the state, the offender shall give the new
24 address and place of employment, education, higher education, or training to
25 the center in writing no later than five (5) calendar days before the
26 offender establishes residency or is temporarily domiciled at the new
27 address;
28 (iii)(a) Inform the terrorism offender that if the
29 offender changes residency to another state or enters another state to work
30 or attend school, the offender must also register in that state regardless of
31 permanent residency.
32 (b) The terrorism offender shall register the
33 new address and place of employment, education, higher education, or training
34 with the center and with a designated law enforcement agency in the new state
35 in person not later than five (5) calendar days after the offender
36 establishes residency or is temporarily domiciled in the new state;
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1 (iv) Obtain fingerprints, palm prints, and a
2 photograph of the terrorism offender if these have not already been obtained
3 in connection with the offense that triggered registration;
4 (v) Obtain a deoxyribonucleic acid (DNA) sample if
5 one has not already been provided;
6 (vi) Require the terrorism offender to complete the
7 entire registration process, including, but not limited to, requiring the
8 offender to read and sign a form stating that the duty of the terrorism
9 offender to register under this subchapter has been explained;
10 (vii) Inform the terrorism offender that if the
11 offender's address changes within the state or to another state due to an
12 eviction, natural disaster, or any other unforeseen circumstance, the
13 offender shall give the new address to the local law enforcement agency
14 having jurisdiction in person no later than five (5) calendar days after the
15 offender establishes residency;
16 (viii) Inform a terrorism offender who has been
17 granted probation that failure to comply with the provisions of this
18 subchapter may be grounds for revocation of the offender's probation; and
19 (ix) Inform a terrorism offender subject to
20 registration under this subchapter of the duty to:
21 (a) Verify registration and obtain the
22 information required for registration verification as described in subsection
23 (g) of this section; and
24 (b) Ensure that the information required for
25 registration verification under subsection (g) of this section is provided to
26 the local law enforcement agency having jurisdiction.
27 (B)(i) An offender required to register as a terrorism
28 offender must provide a deoxyribonucleic acid (DNA) sample, that is, a blood
29 sample or saliva sample, upon registering if a sample has not already been
30 provided to the State Crime Laboratory.
31 (ii) An offender required to register as a terrorism
32 offender who is entering the State of Arkansas must provide a
33 deoxyribonucleic acid (DNA) sample, that is, a blood sample or saliva sample,
34 upon registration and must pay the mandatory fee of two hundred fifty dollars
35 ($250) to be deposited into the DNA Detection Fund established by 12-12-
36 1119.
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1 (2) When updating the registration file of a terrorism offender,
2 the Division of Correction, the Division of Community Correction, the
3 Arkansas State Hospital, or the Department of Human Services shall:
4 (A) Review with the terrorism offender the duty to
5 register and obtain current information required for registration as
6 described under this subchapter;
7 (B) Review with the terrorism offender the requirement
8 that if the terrorism offender changes address within the state, the
9 terrorism offender shall give the new address to the local law enforcement
10 agency having jurisdiction in person no later than five (5) calendar days
11 before the terrorism offender establishes residency or is temporarily
12 domiciled at the new address;
13 (C) Review with the terrorism offender the requirement
14 that if the terrorism offender changes address to another state, the
15 terrorism offender shall register the new address with the local law
16 enforcement agency having jurisdiction in person and with a designated law
17 enforcement agency in the new state in person not later than five (5)
18 calendar days after the terrorism offender establishes residency or is
19 temporarily domiciled in the new state if the new state has a registration
20 requirement;
21 (D) Require the terrorism offender to read and sign a form
22 stating that the duty of the terrorism offender to register under this
23 subchapter has been reviewed;
24 (E) Inform the terrorism offender that if the terrorism
25 offender's address changes within the state or to another state due to an
26 eviction, natural disaster, or any other unforeseen circumstance, the
27 terrorism offender shall give the new address to the local law enforcement
28 agency having jurisdiction in person no later than five (5) calendar days
29 after the terrorism offender establishes residency;
30 (F) Review with the terrorism offender the consequences of
31 failure to provide any information required by subdivisions (f)(3)-(7) of
32 this section;
33 (G) Inform a terrorism offender subject to lifetime
34 registration under this subchapter of the duty to:
35 (i) Verify registration and report the information
36 required for registration verification as described in subdivisions (f)(3)-
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1 (7) of this section; and
2 (ii) Ensure that the information required for
3 registration verification under subdivisions (f)(3)-(7) of this section is
4 provided in person to the local law enforcement agency having jurisdiction;
5 and
6 (H) Review with a terrorism offender subject to lifetime
7 registration under this subchapter the consequences of failure to verify
8 registration under this subchapter.
9 (d) A terrorism offender working, enrolled, or volunteering in a
10 public or private elementary, secondary or postsecondary school, or
11 institution of training shall notify the local law enforcement agency having
12 jurisdiction in person of that status and shall register in person with the
13 local law enforcement agency having jurisdiction over that campus.
14 (e)(1) A terrorism offender required to register under this subchapter
15 shall not change his or her name unless the change is:
16 (A) Incidental to a change in the marital status of the
17 terrorism offender; or
18 (B) Necessary to effect the exercise of the religion of
19 the terrorism offender.
20 (2) The change in the terrorism offender's name shall be
21 reported to the local law enforcement agency having jurisdiction in person
22 within five (5) calendar days after the change in name.
23 (3) A violation of this subsection is a Class C felony.
24 (f)(1) A terrorism offender subject to registration under this
25 subchapter shall report in person every six (6) months after registration to
26 the local law enforcement agency having jurisdiction to verify registration.
27 (2)(A) The local law enforcement agency having jurisdiction may
28 determine the appropriate times and days for in-person reporting by the
29 terrorism offender, and the determination shall be consistent with the
30 reporting requirements of subdivision (f)(1) of this section.
31 (B)(i) If the day a terrorism offender is scheduled to
32 report under this section passes before the day a local law enforcement
33 agency having jurisdiction has determined as appropriate, the terrorism
34 offender shall not be considered out of compliance if he or she reports at
35 the next date set by the local law enforcement agency having jurisdiction.
36 (ii) If a local law enforcement agency having
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1 jurisdiction sets specific times and days f