Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 963 of the Regular Session
 1   State of Arkansas         As Engrossed:      H3/10/21 H3/23/21 H4/1/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1625
 4
 5   By: Representative Haak
 6   By: Senator Hester
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO BE KNOWN AS THE "SAFE TRAILS ACT"; TO
10                  PRESERVE, PROMOTE, AND SUSTAIN AN EXCELLENT QUALITY
11                  OF LIFE; AND FOR OTHER PURPOSES.
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14                                                 Subtitle
15                           TO BE KNOWN AS THE "SAFE TRAILS ACT"; TO
16                           PRESERVE, PROMOTE, AND SUSTAIN AN
17                           EXCELLENT QUALITY OF LIFE.
18
19
20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22          SECTION 1.       Arkansas Code  5-14-101, concerning definitions used in
23   regard to sexual offenses, is amended to add an additional subdivision to
24   read as follows:
25                  (15)     "Easement" means a surface easement for pedestrian,
26   bicycle, and recreational use.
27
28          SECTION 2.       Arkansas Code  5-14-128(c), concerning a sex offender who
29   resides near certain places, is amended to read as follows:
30          (c)(1)(A)        With respect to a public or private elementary or secondary
31   school or a daycare facility, it is not a violation of this section if the
32   sex offender resides on property he or she owns prior to July 16, 2003.
33                           (B)   With respect to a public park or youth center, it is
34   not a violation of this section if the sex offender resides on property he or
35   she owns prior to July 31, 2007.
36                           (C)   With respect to privately owned land for which an
     *BPG349*                                                                    04-01-2021 11:14:11 BPG349
     As Engrossed:      H3/10/21 H3/23/21 H4/1/21                                HB1625
 1   easement has been granted to the state or a county, city, or town and that is
 2   used as part of the public park system of the state or a county, city, or
 3   town, it is not a violation of this section if the sex offender resides on
 4   property he or she owns prior to the effective date of this act.
 5                (2)(A)     The exclusion in subdivision (c)(1)(A) of this section
 6   does not apply to a sex offender who pleads guilty or nolo contendere to or
 7   is found guilty of another sex offense after July 16, 2003.
 8                         (B)   The exclusion in subdivision (c)(1)(B) of this section
 9   does not apply to a sex offender who pleads guilty or nolo contendere to or
10   is found guilty of another sex offense on or after July 31, 2007.
11                         (C)   The exclusion in subdivision (c)(1)(C) of this section
12   does not apply to a sex offender who pleads guilty or nolo contendere to or
13   is found guilty of another sex offense on or after the effective date of this
14   act.
15                (3)    With respect to a church or other place of worship, it is
16   not a violation of this section if the sex offender resides on property he or
17   she owns prior to July 22, 2015.
18
19          SECTION 3.     Arkansas Code  5-14-128(f), concerning definitions used in
20   regard to locations where certain sex offenders may not reside within a
21   certain distance, is amended to read as follows:
22          (f)   As used in this section:
23                (1)    Church or other place of worship means a physical location
24   that has a primary purpose of facilitating the meeting of persons in order to
25   practice a religion;
26                (2)(A)     Public park means any property owned or maintained by
27   this state or a county, city, or town in this state for the recreational use
28   of the public.
29                         (B)   "Public park" includes the portion of any privately
30   owned land over which an easement has been granted to the state or a county,
31   city, or town and that is used as part of the public park system of the state
32   or a county, city, or town; and
33                (3)    Youth center means any building, structure, or facility
34   owned or operated by a not-for-profit organization or by this state or a
35   county, city, or town in this state for use by minors to promote the health,
36   safety, or general welfare of the minors.
                                             2               04-01-2021 11:14:11 BPG349
     As Engrossed:   H3/10/21 H3/23/21 H4/1/21                              HB1625
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 5                                  APPROVED: 4/27/21
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Statutes affected: 
Old version HB1625 Original - 3-3-2021 02:54 PM: 5-14-128(c), 5-14-128(f)
Old version HB1625 V2 - 3-10-2021 09:38 AM: 5-14-128(c), 5-14-128(f)
Old version HB1625 V3 - 3-23-2021 09:31 AM: 5-14-128(c), 5-14-128(f)
Old version HB1625 V4 - 4-1-2021 11:14 AM: 5-14-101, 5-14-128(c), 5-14-128(f)
HB 1625: 5-14-101, 5-14-128(c), 5-14-128(f)
Act 963: 5-14-101, 5-14-128(c), 5-14-128(f)