Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas             As Engrossed:       S4/13/21 S4/21/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 645
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 By: Senators G. Stubblefield, Caldwell, K. Ingram, M. Johnson, D. Sullivan
 By: Representatives V. Flowers, Boyd, M. Gray, Milligan, Vaught
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                                   For An Act To Be Entitled
                AN ACT TO ESTABLISH A PATH TO RESTORATION OF THE
                RIGHT TO POSSESS A FIREARM UNDER STATE LAW AFTER A
                CERTAIN TIME PERIOD HAS PASSED SINCE A PERSON
                CONVICTED OF CERTAIN FELONIES HAS COMPLETED HIS OR
                HER SENTENCE; TO PROVIDE FOR THE DISCHARGE,
                DISMISSAL, AND SEALING OF A FELONY CONVICTION; AND
                FOR OTHER PURPOSES.
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                                               Subtitle
                         TO ESTABLISH A PATH TO RESTORATION OF THE
                         RIGHT TO POSSESS A FIREARM; AND TO
                         PROVIDE FOR THE DISCHARGE, DISMISSAL, AND
                         SEALING OF A FELONY CONVICTION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code  5-73-103(a) and (b), concerning the offense
 of possession of a firearm by certain persons, are amended to read as
 follows:
        (a)    Except as provided in subsection (d) of this section or unless
 authorized by and subject to such conditions as prescribed by the Governor,
 or his or her designee, or the United States Bureau of Alcohol, Tobacco,
 Firearms, and Explosives, or other bureau or office designated by the United
 States Department of Justice, no a person shall not possess or own any a
 firearm who if he or she has been:
                (1)      Convicted of a felony;
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     As Engrossed:       S4/13/21 S4/21/21                                         SB645
               (2)    Adjudicated mentally ill; or
               (3)    Committed involuntarily to any a mental institution.
      (b)(1)     Except as provided in subdivisions (b)(2) and (3) of this
 section, a determination by a jury or a court that a person committed a
 felony constitutes a conviction for purposes of subsection (a) of this
 section even though the court suspended imposition of sentence or placed the
 defendant on probation.
               (2)    Subdivision (b)(1) of this section does not apply to a
 person whose case was dismissed and expunged under  16-93-301 et seq. or 
 16-98-303(g).
               (3)    The determination by the jury or court that the person
 committed a felony does not constitute a conviction for purposes of
 subsection (a) of this section if the person is subsequently granted a pardon
 explicitly restoring the ability to possess a firearm or if the conviction is
 discharged, dismissed, and sealed under  16-90-1501 et seq.
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      SECTION 2.       Arkansas Code  5-73-309(5), concerning licensing
 requirements for a license to carry a concealed handgun, is amended to read
 as follows:
               (5)    Has not been convicted of a felony in a court of this state,
 of any other state, or of the United States unless:
                       (A)   The applicant is subsequently granted a pardon by the
 Governor or the President of the United States explicitly restoring his or
 her ability to possess a firearm;
                       (B)   The applicant was sentenced prior to March 13, 1995,
 and the record of conviction has been sealed or expunged under Arkansas law;
 or
                       (C)   The applicant's offense was dismissed and sealed or
 expunged under  16-93-301 et seq. or  16-98-303(g); or
                       (D)   The applicants offense was discharged, dismissed, and
 sealed under  16-90-1501 et seq.;
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      SECTION 3.       Arkansas Code Title 16, Chapter 90, is amended to add an
 additional subchapter to read as follows:
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                        Subchapter 15  Firearm Right Restoration
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     As Engrossed:     S4/13/21 S4/21/21                                          SB645
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      16-90-1501.     Scope.
      (a)    This subchapter concerns the discharge, dismissal, and sealing of
 a person's state felony conviction that prohibits the person from lawfully
 possessing a firearm under state law.
      (b)    This subchapter is separate and distinct from the Comprehensive
 Criminal Record Sealing Act of 2013,  16-90-1401 et seq.
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      16-90-1502.     Definitions.
      As used in this subchapter:
             (1)    Completion of a person's sentence means that the person,
 after being found guilty of a felony:
                     (A)   Paid his or her fine, court costs, or other monetary
 obligation as defined in  16-13-701 in full, unless the obligation has been
 excused by the sentencing court;
                     (B)   Served any time in county or regional jail, a Division
 of Community Correction facility, or a Division of Correction facility in
 full; and
                     (C)   If applicable:
                           (i)     Has been discharged from probation or parole;
                           (ii)    Completed any suspended sentence;
                           (iii)    Paid any court-ordered restitution;
                           (iv)    Completed any court-ordered community service;
                           (v)     Paid any driver's license suspension
 reinstatement fees, if a driver's license suspension reinstatement fee was
 assessed as a result of the person's arrest, plea of guilty or nolo
 contendere, or a finding of guilt for the offense;
                           (vi)    Completed all other driver's license
 reinstatement requirements, if a driver's license suspension was imposed as a
 result of the person's arrest, plea of guilty or nolo contendere, or a
 finding of guilt for the offense; and
                           (vii)    Completed any vocational or technical
 education or training program that was required as a condition of the
 person's parole or probation;
             (2)    Conviction:
                     (A)   Includes the following, after the final act of
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     As Engrossed:   S4/13/21 S4/21/21                                             SB645
 judgment:
                         (i)     A plea of guilty or nolo contendere, unless
 entered pursuant to court-ordered probation described in subdivision
 (2)(B)(iv) of this section, by a person formally charged with an offense;
                         (ii)     A finding of guilt, unless entered pursuant to
 court-ordered probation described in subdivision (2)(B)(iv) of this section,
 by a judge or jury after a trial;
                         (iii)     A finding of guilt, unless entered pursuant to
 court-ordered probation described in subdivision (2)(B)(iv) of this section,
 after entry of a plea of nolo contendere;
                         (iv)     A sentence of supervised probation on a felony
 charge;
                         (v)     A suspended imposition of sentence, as defined
 in  16-93-1202, with a fine;
                         (vi)     A sentence under  16-93-1201 et seq.;
                         (vii)     A suspended sentence that is revocable and can
 subject the person to incarceration or a fine, or both; or
                         (viii)     A finding of guilt of a person whose case
 proceeded under  16-93-301 et seq. and who violated the terms and conditions
 of  16-93-301 et seq.; and
                   (B)   Does not include:
                         (i)     An order nolle prosequi;
                         (ii)     A suspended imposition of sentence, as defined
 in  16-93-1202, with no fine;
                         (iii)     An acquittal for any reason;
                         (iv)     An order that the defendant enter a
 diversionary program that requires him or her to accomplish certain court-
 ordered objectives but that does not result in a finding of guilt if the
 program is successfully completed;
                         (v)     A court-ordered probationary period under:
                                  (a)   The former  5-64-413; or
                                  (b)   Section 16-93-301 et seq.;
                         (vi)     The entry of a plea of guilty or nolo
 contendere without the court's making a finding of guilt or entering a
 judgment of guilt with the consent of the defendant or the resultant
 discharge, dismissal, and sealing of the defendant as prescribed by  16-93-
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     As Engrossed:       S4/13/21 S4/21/21                                            SB645
 301 et seq.;
                             (vii)    The entry of a directed verdict by a court at
 trial; or
                             (viii)    The dismissal of a charge either with or
 without prejudice;
               (3)    Court means a sentencing circuit court, unless otherwise
 specifically identified;
               (4)    "Discharge, dismissal, and sealing" means the sentencing
 circuit court retroactively discharges, dismisses, and seals a person's
 felony conviction, the effect of which is that the felony conviction is
 erased from the persons' criminal history to the extent that it never
 occurred;
               (5)    "Discharged, dismissed, and sealed" means a case has
 resulted in a successful discharge, dismissal, and sealing under this
 subchapter;
               (6)    Sentence means the outcome formally entered by a court
 upon a person in criminal proceedings;
               (7)    Uniform order means a uniform order to discharge, dismiss,
 and seal a conviction that prohibits the person from lawfully possessing a
 firearm under state law; and
               (8)    Uniform petition means a uniform petition to discharge,
 dismiss, and seal a conviction that prohibits the person from lawfully
 possessing a firearm under state law.
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      16-90-1503.       Convictions prohibiting person from possessing firearm
 eligible for discharge, dismissal, and sealing.
      (a)    Unless prohibited under this section, a person may file a uniform
 petition under this subchapter ten (10) years or more after the completion of
 the person's sentence for any felony that is not listed below or contained in
 the following subchapters:
               (1)    Section 5-10-101 et seq.;
               (2)    Section 5-11-101 et seq.;
               (3)    Section 5-12-101 et seq.;
               (4)    Section 5-3-201 et seq.;
               (5)    Section 5-13-301 et seq.;
               (6)    Section 5-14-101 et seq.;
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     As Engrossed:       S4/13/21 S4/21/21                                          SB645
               (7)    Section 5-16-101 et seq.;
               (8)    Section 5-17-101 et seq.;
               (9)    The Human Trafficking Act of 2013,  5-18-101 et seq.;
               (10)    Section 5-26-301 et seq.;
               (11)    Section 5-26-501 et seq.;
               (12)    The Arkansas Protection of Children Against Exploitation
 Act of 1979,  5-27-301 et seq.;
               (13)    Section 5-27-401 et seq.;
               (14)    Section 5-27-601 et seq.;
               (15)    Section 5-28-101 et seq.;
               (16)    Section 5-38-101 et seq.;
               (17)    Causing a catastrophe,  5-38-202;
               (18)    Residential burglary,  5-39-201;
               (19)    Aggravated residential burglary,  5-39-204;
               (20)    First degree escape,  5-54-110, second degree escape,  5-
 54-111, third degree escape,  5-54-112, and permitting escape in the first
 degree,  5-54-113;
               (21)    Fleeing,  5-54-125;
               (22)    Killing or injuring animals used by law enforcement or
 search and rescue dogs,  5-54-126;
               (23)    Section 5-54-201 et seq.;
               (24)    Section 5-62-101 et seq.;
               (25)    Trafficking a controlled substance,  5-64-440;
               (26)    Aggravated riot,  5-71-202;
               (27)    Stalking,  5-71-229;
               (28)    Section 5-73-101 et seq.;
               (29)    The Arkansas Criminal Gang, Organization, and Enterprise
 Act,  5-74-101 et seq.;
               (30)    A felony that requires a person to register as a sex
 offender under the Sex Offender Registration Act of 1997,  12-12-901 et
 seq.; or
               (31)    A felony involving violence as defined in  5-4-501(d)(2).
      (b)(1)     A person may file only one (1) uniform petition during his or
 her life.
               (2)    A person filing a uniform petition may petition to
 discharge, dismiss, and seal a felony and any related felonies that occurred
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     As Engrossed:    S4/13/21 S4/21/21                                            SB645
 out of the same course of conduct or criminal episode but may not petition to
 discharge, dismiss, and seal multiple felonies that have no causal
 connection.
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      16-90-1504.        Procedure.
      (a)(1)     A person who is eligible to have a conviction discharged,
 dismissed, and sealed and have his or her rights to lawfully possess a
 firearm under state law restored under this subchapter may file a uniform
 petition that includes a request to reinvest jurisdiction in the circuit
 court in the county in which the offense was committed and in which the
 person was convicted for the offense or offenses he or she is petitioning to
 have discharged, dismissed, and sealed.
               (2)(A)     A circuit court shall consider the request to reinvest
 jurisdiction if the person has completed all the requirements under this
 subchapter.
                        (B)   The merits of a uniform petition may be considered
 only after the circuit court reinvests jurisdiction in the circuit court.
                        (C)   The circuit court upon reinvestment of jurisdiction
 may not consider any other matters concerning the person filing the uniform
 petition not otherwise covered under this subchapter.
      (b)(1)(A)     A copy of the uniform petition shall be served upon the
 prosecuting attorney for the county in which the uniform petition is filed
 and the arresting agency, if the arresting agency is a named party, within
 three (3) days of the filing of the uniform petition.
                        (B)   It is not necessary to make the arresting agency a
 party to the action.
               (2)(A)     The prosecuting attorney may file a notice opposing a
 uniform petition with the court setting forth reasons for the opposition to
 the uniform petition.
                        (B)   A court may not sign a uniform order granting relief
 without a hearing and may not grant the uniform petition until thirty (30)
 days have passed since the uniform petition was served on the prosecuting
 attorney.
               (3)(A)     If after a hearing the court determines that the felony
 conviction shall be discharged, dismissed, and sealed, the uniform order
 shall be entered and filed with the circuit court clerk.
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                        (B)(i)     The circuit court clerk with whom a uniform order
 is filed shall certify copies of the uniform order to the prosecuting
 attorney who filed the underlying charges, the arresting agency, the Arkansas
 Crime Information Center, and, if applicable, any district court in which the
 person appeared before the transfer or appeal of the case to circuit court.
                                 (ii)   The Administrative Office of the Courts shall
 only accept certified copies of the uniform orders filed in circuit court.
      (c)(1)     The circuit court clerk and, if applicable, the district court
 clerk for the district court in which the person appeared before the transfer
 or appeal of the case to circuit court shall:
                        (A)   Remove all petitions, orders, docket sheets, receipts,
 and documents relating to the felony conviction;
                        (B)   Place the records described in subdivision (c)(1)(A)
 of this section in a file; and
                        (C)   Sequester the records described in subdivision
 (c)(1)(A) of this section in a separate and confidential holding area within
 the clerk's office.
               (2)(A)     A docket sheet shall be prepared to replace the docket
 sheet containing information pertaining to the discharged, dismissed, and
 sealed felony conviction.
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