Stricken language would be deleted from and underlined language would be added to present law.
Act 1086 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1669
4
5 By: Representatives Gazaway, McCullough
6
7 For An Act To Be Entitled
8 AN ACT CONCERNING THE OFFENSES OF DOMESTIC BATTERING
9 IN THE SECOND DEGREE AND DOMESTIC BATTERING IN THE
10 THIRD DEGREE; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 CONCERNING THE OFFENSES OF DOMESTIC
15 BATTERING IN THE SECOND DEGREE AND
16 DOMESTIC BATTERING IN THE THIRD DEGREE.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code 5-26-304(b), concerning the penalties for
22 domestic battering in the second degree, is amended to read as follows:
23 (b)(1) Domestic battering in the second degree is a Class C felony.
24 (2) However, domestic battering in the second degree is a Class
25 B felony if:
26 (A) Committed against a woman the person knew or should
27 have known was pregnant; or
28 (B) The person committed one (1) or more of the following
29 offenses within five (5) years of the offense of domestic battering in the
30 second degree:
31 (i) Domestic battering in the first degree, 5-26-
32 303;
33 (ii) Domestic battering in the second degree;
34 (iii) Domestic battering in the third degree, 5-
35 26-305; or
36 (iv) A violation of an equivalent penal law of this
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 HB1669
1 state or of another state or foreign jurisdiction; or
2 (C) The person committed two (2) or more offenses of
3 battery against a family or household member as defined by a law of this
4 state or by an equivalent law of any other state or foreign jurisdiction
5 within ten (10) years of the offense of domestic battering in the second
6 degree.
7
8 SECTION 2. Arkansas Code 5-26-305(b), concerning the penalties for
9 domestic battering in the third degree, is amended to read as follows:
10 (b)(1) Domestic battering in the third degree is a Class A
11 misdemeanor.
12 (2) However, domestic battering in the third degree is a Class D
13 felony if:
14 (A) Committed against a woman the person knew or should
15 have known was pregnant; or
16 (B) The person committed one (1) or more of the following
17 offenses within five (5) years of the offense of domestic battering in the
18 third degree:
19 (i) Domestic battering in the first degree, 5-26-
20 303;
21 (ii) Domestic battering in the second degree, 5-
22 26-304;
23 (iii) Domestic battering in the third degree;
24 (iv) Aggravated assault on a family or household
25 member, 5-26-306; or
26 (v) A violation of an equivalent penal law of this
27 state or of another state or foreign jurisdiction; or
28 (C) The person committed two (2) or more offenses of
29 battery against a family or household member as defined by a law of this
30 state or by an equivalent law of any other state or foreign jurisdiction
31 within ten (10) years of the offense of domestic battering in the third
32 degree.
33
34
35 APPROVED: 4/30/21
36
2 3/4/2021 10:40:50 AM BPG136


Statutes affected:
HB 1669: 5-26-304(b), 5-26-305(b)
Act 1086: 5-26-304(b), 5-26-305(b)