Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1087 of the Regular Session
 1   State of Arkansas
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1670
 4
 5   By: Representatives Gazaway, McCullough
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 7                                     For An Act To Be Entitled
 8                  AN ACT CONCERNING THE COMMENCEMENT OF A PROSECUTION
 9                  AND CONCERNING THE STATUTE OF LIMITATIONS FOR CERTAIN
10                  OFFENSES; AND FOR OTHER PURPOSES.
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13                                                 Subtitle
14                           CONCERNING THE COMMENCEMENT OF A
15                           PROSECUTION AND CONCERNING THE STATUTE OF
16                           LIMITATIONS FOR CERTAIN OFFENSES.
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19   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21          SECTION 1.       Arkansas Code  5-1-109(f), concerning the commencement of
22   a prosecution for the purposes of the statute of limitation for an offense,
23   is amended to read as follows:
24          (f)    A prosecution is commenced when an arrest warrant or other process
25   is issued by a judge based on probable cause or an indictment, information,
26   or other charging instrument if the arrest warrant or other process is sought
27   to be executed without unreasonable delay.
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29          SECTION 2.       Arkansas Code  5-1-109(i) and (j), concerning the
30   commencement of a prosecution for the purposes of the statute of limitation
31   for an offense, are amended to read as follows:
32          (i)    If there is biological evidence connecting a person with the
33   commission of an offense and that person's identity is unknown, the
34   prosecution is commenced if an indictment or information is filed against the
35   unknown person and the indictment contains the genetic information of the
36   unknown person and the genetic information is accepted to be likely to be
     *BPG370*                                                                   3/4/2021 10:43:05 AM BPG370
                                                                             HB1670
 1   applicable only to the unknown person.
 2        (j)(i)    When deoxyribonucleic acid (DNA) testing implicates a person
 3   previously identified through a search of the State DNA Data Base or National
 4   DNA Index System, a statute of limitation shall not preclude prosecution of
 5   the offense.
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 8                                  APPROVED: 4/30/21
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                                         2              3/4/2021 10:43:05 AM BPG370
Statutes affected: 
HB 1670: 5-1-109(f), 5-1-109(i)
Act 1087: 5-1-109(f), 5-1-109(i)