Stricken language would be deleted from and underlined language would be added to present law.
Act 931 of the Regular Session
1 State of Arkansas As Engrossed: H3/9/21 H3/15/21 H3/29/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1646
4
5 By: Representatives Cloud, Barker, Beck, S. Berry, Boyd, Bragg, Breaux, Brooks, Brown, Bryant,
6 Cavenaugh, Christiansen, Coleman, Cozart, Crawford, Dotson, Evans, C. Fite, L. Fite, Furman, Gazaway,
7 Gonzales, Haak, Hawks, Hillman, Hollowell, Ladyman, Lynch, Maddox, J. Mayberry, McClure,
8 McCollum, McNair, S. Meeks, Miller, Payton, Ray, Slape, B. Smith, S. Smith, Tollett, Underwood,
9 Watson, Wooten, Pilkington
10 By: Senators Rapert, B. Ballinger, Beckham, Flippo, Gilmore, Hill, B. Johnson
11
12 For An Act To Be Entitled
13 AN ACT CONCERNING THE DEFINITION OF "PERSON" IN THE
14 ARKANSAS CRIMINAL CODE; AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 CONCERNING THE DEFINITION OF "PERSON" IN
19 THE ARKANSAS CRIMINAL CODE.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code 5-1-102(13), concerning the definition of
25 "person" and its application in the Arkansas Criminal Code, is amended to
26 read as follows:
27 (13)(A) Person, actor, defendant, he, she, her, or
28 him includes:
29 (i) Any natural person; and
30 (ii) When appropriate, an organization as defined in
31 5-2-501.
32 (B)(i)(a) As used in 5-10-101 5-10-105 and 5-4-604,
33 person also includes an unborn child in utero at any stage of development.
34 (b) Unborn child means offspring of
35 human beings from conception until birth.
36 (ii) This subdivision (13)(B) does not apply to:
*BPG373* 03-29-2021 11:40:19 BPG373
 As Engrossed: H3/9/21 H3/15/21 H3/29/21 HB1646
1 (a) An act that causes the death of an unborn
2 child in utero if the act was committed during a legal abortion to which the
3 woman consented, including an abortion performed to remove an ectopic
4 pregnancy or other nonviable pregnancy when the embryo is not going to
5 develop further;
6 (b) An act that is committed pursuant to a
7 usual and customary standard of medical practice during diagnostic testing or
8 therapeutic treatment;
9 (c) An act that is committed in the course of
10 medical research, experimental medicine, or an act deemed necessary to save
11 the life or preserve the health of the woman;
12 (d) Assisted reproduction technology activity,
13 procedure, or treatment; or
14 (e) An act occurring before transfer to the
15 uterus of the woman of an embryo created through in vitro fertilization.
16 (iii) Nothing in this subdivision (13)(B) shall be
17 construed to allow the charging or conviction of a woman with any criminal
18 offense in the death of her own unborn child in utero;
19
20 /s/Cloud
21
22
23 APPROVED: 4/26/21
24
25
26
27
28
29
30
31
32
33
34
35
36
2 03-29-2021 11:40:19 BPG373


Statutes affected:
Old version HB1646 V3 - 3-15-2021 10:34 AM: 5-1-102(13)
Old version HB1646 V4 - 3-29-2021 11:40 AM: 5-1-102(13)
HB 1646: 5-1-102(13)
Act 931: 5-1-102(13)