Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1049 of the Regular Session
 State of Arkansas             As Engrossed:       S3/15/21 H4/21/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 513
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 By: Senators A. Clark, C. Tucker, T. Garner, Gilmore
 By: Representatives McCollum, A. Collins
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING THE SUSPENSION OR
                 REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR FAILURE
                 TO PAY OR FAILURE TO APPEAR; TO AMEND THE LAW
                 CONCERNING A RESTRICTED DRIVER'S PERMIT ISSUED UNDER
                 CERTAIN CIRCUMSTANCES; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING THE
                         SUSPENSION OR REVOCATION OF A PERSON'S
                         DRIVER'S LICENSE FOR FAILURE TO PAY OR
                         FAILURE TO APPEAR; AND TO AMEND THE LAW
                         CONCERNING A RESTRICTED DRIVER'S PERMIT
                         ISSUED UNDER CERTAIN CIRCUMSTANCES.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code  16-13-708 is amended to read as follows:
        16-13-708.        Revocation of registration or license.
        (a)(1)       The A court may certify in writing to the Department of Finance
 and Administration that a debtor has failed to make satisfactory arrangements
 for the payment of fines and request in writing and under certification that
 the department to Department of Finance and Administration revoke, suspend,
 or refuse to renew the debtor's motor vehicle registration or driver's
 license of a person who has failed to make satisfactory arrangements for the
 payment of a court-ordered fine.
                 (2)     However, the court shall not make a request to the
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 department as described under subdivision (a)(1) of this section before the
 court has scheduled a hearing to address the persons nonpayment of the
 court-ordered fine and the person has failed to appear at the hearing.
               (3)    The court may issue an order for a restricted driving permit
 in accordance with  27-16-916.
      (b)   For driver's license revocation, suspension, or nonrenewal, the
 court must provide the department with the debtor's reason for the
 revocation, suspension, or nonrenewal, the amount the person owes the court,
 and the person's full name, social security number date of birth, and last
 known address.
      (c)   For motor vehicle registration revocation, suspension, or
 nonrenewal, the court must provide the department with the debtor's reason
 for the revocation, suspension, or nonrenewal, the amount the person owes the
 court, and the person's full name and the license plate number or vehicle
 identification number of the debtor's person's vehicle.
      (d)(1)      An acquittal or a dismissal of a charge of failure to pay a
 fine or failure to appear at a hearing to address nonpayment of a fine that
 is used as the basis to revoke, suspend, or refuse to renew the person's
 driver's license or motor vehicle registration shall reverse the revocation
 of, suspension of, or refusal to renew the person's driver's license or motor
 vehicle registration under this section.
               (2)    Upon an acquittal or dismissal of a charge as described in
 subdivision (d)(1) of this section, the Office of Driver Services shall
 reinstate the person's driver's license or motor vehicle registration without
 charging a reinstatement fee, and the charge shall not be used to determine
 the number of previous offenses when administratively revoking, suspending,
 or refusing to renew the person's driver's license in the future.
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      SECTION 2.       Arkansas Code  16-17-131 is amended to read as follows:
      16-17-131.       Suspension of license for failure Failure to appear 
 Required appearance  Suspension of driver's license.
      (a)   A person required to appear before a district court in this state,
 having been served with any form of notice to appear for any criminal
 offense, traffic violation, or misdemeanor charge, shall appear at the time
 and place designated in the notice.
      (b)(1)      If a person fails to appear as required in subsection (a) of
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 this section, the presiding judge may suspend the person's driver's license.
                   (2)    The license shall be suspended until the person appears and
 completes the sentence ordered by the court.
          (b)(1)     If a person has failed to appear in district court, the
 district court may suspend the person's driver's license if the district
 court:
                            (A)   Orders the suspension to begin thirty (30) days after
 the date of the order if the person fails to make arrangements to appear; and
                            (B)   Transmits a copy of the order electronically, by fax,
 or by letter to the Office of Driver Services.
                   (2)    The Department of Finance and Administration shall notify
 the person by first class mail sent to the person's last known address that
 he or she risks having his or her driver's license suspended if the person
 does not make arrangements with the district court to appear within thirty
 (30) days of the date of the order suspending the driver's license.
                   (3)(A)     If the person makes sufficient arrangements within thirty
 (30) days to appear, the district court shall issue a new order stating that
 the person's driver's license is not suspended as directed under subdivision
 (b)(1) of this section.
                            (B)   The district court shall transmit a copy of the order
 rescinding the suspension of the person's driver's license to the department
 electronically, by fax, or by letter.
                            (C)   Upon receipt of the order, the department shall
 immediately reinstate the persons drivers license and shall not require a
 reinstatement fee.
          (c)(1)(A)       If the person makes arrangements with the district court
 within thirty (30) days of the date of the notice and appears at the arranged
 time and location, the district court shall not suspend the persons drivers
 license.
                            (B)   However, if the person fails to make arrangements to
 appear within thirty (30) days, the driver's license may be suspended until
 the person appears and completes the sentence ordered by the district court.
                   (2)    To suspend a driver's license, the district court must
 provide the department with the reason for the suspension and the person's
 full name, date of birth, and last known address.
                   (3)    The district court may issue an order for a restricted
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 driving permit in accordance with  27-16-916.
      (3)(d)     After the person satisfies all requirements of the sentence,
 the Department of Finance and Administration department shall assess the
 current fees for reinstatement of a driver's license.
      (e)(1)     An acquittal or a dismissal of a charge of failure to appear
 that is used as the basis to suspend the person's driver's license shall
 reverse the suspension of the person's driver's license under this section.
               (2)    Upon an acquittal or dismissal of a charge as described in
 subdivision (e)(1) of this section, the office shall reinstate the person's
 driver's license without charging a reinstatement fee, and the charge shall
 not be used to determine the number of previous offenses when
 administratively suspending the person's driver's license in the future.
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      SECTION 3.       Arkansas Code Title 27, Chapter 16, Subchapter 9, is
 amended to add an additional section to read as follows:
      27-16-916.       Other driver's license suspensions  Restricted driving
 permits.
      (a)   Unless the person is eligible for a restricted driver's license as
 provided under this title, a district court may authorize a restricted
 driving permit upon the suspension of a persons drivers license under  16-
 13-708 or  16-17-131 and may permit a person whose driving privileges are
 suspended to drive to and from the following:
               (1)    A mandatory court appearance;
               (2)    A program or place where a court has ordered the persons
 presence or attendance;
               (3)    A place of employment or as required in the scope of
 employment;
               (4)    A scheduled session or meeting of a support or counseling
 organization;
               (5)    An educational institution for the purpose of attending a
 class if the person is enrolled in a course of study or program of training
 at the educational institution;
               (6)    The educational institution or childcare facility of the
 persons child or children;
               (7)    A treatment program for persons who have addiction or abuse
 problems related to a substance or controlled substances;
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               (8)    A doctor, hospital, or clinic appointment or admission for
 medical treatment or care for an illness, disease, or other medical condition
 of the person or a family member;
               (9)    A location for the enrollment, compliance, and participation
 in a specialty court program if the person is accepted into a specialty court
 program; and
               (10)    Any other location the court finds reasonable and
 necessary.
      (b)(1)     A district court issuing a restricted driving permit under this
 section shall prepare and transmit to the Department of Finance and
 Administration an order for a restricted driving permit within three (3)
 business days after the entry of the order.
               (2)    The department shall transmit to the Arkansas Crime
 Information Center an order for a restricted driving permit within three (3)
 business days after receipt of the order from the district court.
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                                         /s/A. Clark
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                                    APPROVED: 4/29/21
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