Stricken language would be deleted from and underlined language would be added to present law.
Act 798 of the Regular Session
1 State of Arkansas As Engrossed: H4/1/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1741
4
5 By: Representatives Lundstrum, Speaks, Rye, Cloud, Bentley, McGrew, Hollowell, M. Berry, Milligan,
6 Crawford, Bryant, Haak, Brooks, Brown, Christiansen, C. Cooper, Richmond, Scott, B. Smith, Wing,
7 Wooten
8 By: Senator A. Clark
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10 For An Act To Be Entitled
11 AN ACT CONCERNING CONDITIONS OF RELEASE ON BAIL FOR
12 PERSONS ARRESTED FOR HUMAN TRAFFICKING-RELATED
13 OFFENSES; AND FOR OTHER PURPOSES.
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15
16 Subtitle
17 CONCERNING CONDITIONS OF RELEASE ON BAIL
18 FOR PERSONS ARRESTED FOR HUMAN
19 TRAFFICKING-RELATED OFFENSES.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code Title 16, Chapter 84, Subchapter 1, is
25 amended to add an additional section to read as follows:
26 16-84-117. Conditions for release on bail for persons accused of human
27 trafficking and related offenses.
28 (a) As used in this section, "offense that involves the taking of a
29 minor or holding a minor without consent" does not mean an offense under 5-
30 26-501 et seq.
31 (b) Unless waived by the court under subsection (c) of this section, a
32 person arrested for a violation of trafficking of persons, 5-18-103,
33 kidnapping, 5-11-102, or false imprisonment in the first degree, 5-11-
34 103, or an offense that involves the taking of a minor or holding a minor
35 without consent, shall not be granted bail before the person agrees to the
36 following conditions imposed by the arraigning court:
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 As Engrossed: H4/1/21 HB1741
1 (1) An ankle monitor or GPS-enabled tracking device;
2 (2) Restricted movement limited to the person's residence,
3 except in the case of a medical emergency;
4 (3) A restriction on internet access and access to electronic
5 media;
6 (4) An agreement by the defendant to:
7 (A) A no contact order prohibiting direct or indirect
8 contact with the victim or victims of the charged offense;
9 (B) Relinquish all firearms to a third party until the
10 expiration of the no contact order; and
11 (C) Refrain from using an illegal controlled substance;
12 (5) A cash bond or a secured bond requiring the defendant to put
13 up at least fifty percent (50%) of the principal bond amount, at the
14 discretion of the court;
15 (6) Maintaining regular reporting requirements, at the
16 discretion of the court; and
17 (7) Obeying a curfew, at the court's discretion;
18 (c) The court may waive a condition under subsection (b) of this
19 section upon a showing that the waiver would not result in an increased risk
20 to the community or an increased risk of flight by the defendant.
21 (d) Absent a waiver by the court under subsection (c) of this section,
22 a person who refuses or fails to agree to or adhere to a condition listed
23 under subsection (b) of this section shall not be allowed release on bail
24 until the conclusion of his or her case.
25
26 /s/Lundstrum
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29 APPROVED: 4/20/21
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