Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1102 of the Regular Session
 State of Arkansas                     As Engrossed:     S4/26/21
 93rd General Assembly                         A Bill
 Regular Session, 2021                                                             HOUSE BILL 1934
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 By: Representatives Miller, Payton
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                                      For An Act To Be Entitled
                AN ACT CONCERNING THE AVAILABLE SENTENCES FOR CERTAIN
                SEX OFFENSES INVOLVING A CHILD; AND FOR OTHER
                PURPOSES.
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                                                Subtitle
                         CONCERNING THE AVAILABLE SENTENCES FOR
                         CERTAIN SEX OFFENSES INVOLVING A CHILD.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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          SECTION 1.      Arkansas Code  5-4-104(c), concerning authorized sentences
 for a Class Y felony or murder in the second degree, is amended to read as
 follows:
          (c)(1)(A)      A Except as provided under subdivision (c)(2) of this
 section, a defendant convicted of a Class Y felony or murder in the second
 degree,  5-10-103, shall be sentenced to a term of imprisonment in
 accordance with  5-4-401  5-4-404.
                         (2)(B)       In addition to imposing a term of imprisonment, the
 trial court may sentence a defendant convicted of a Class Y felony or murder
 in the second degree,  5-10-103, to any one (1) or more of the following:
                                  (A)(i)     Pay a fine as authorized by  5-4-201 and 5-
 4-202;
                                  (B)(ii)    Make restitution as authorized by  5-4-205;
 or
                                  (C)(iii)    Suspend imposition of an additional term of
 imprisonment, as authorized by subdivision (e)(3) of this section.
                (2)      A defendant who was eighteen (18) years of age or older at
     *BPG517*                                                                    04-26-2021 14:37:56 BPG517
     As Engrossed:       S4/26/21                                                  HB1934
 the time of the offense and who was convicted of one (1) or more of the
 following Class Y felonies in which the victim was less than fourteen (14)
 years of age at the time of the offense shall be sentenced to life without
 the possibility of parole:
                       (A)   Rape involving forcible compulsion,  5-14-103(a)(1);
                       (B)   Trafficking of persons,  5-18-103;
                       (C)   Engaging children in sexually explicit conduct for use
 in visual or print medium,  5-27-303;
                       (D)   Transportation of minors for prohibited sexual
 conduct,  5-27-305;
                       (E)   Producing, directing, or promoting a sexual
 performance by a child,  5-27-403; and
                       (F)   Computer exploitation of a child in the first degree,
  5-27-605.
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      SECTION 2.       Arkansas Code  5-14-103(c), concerning the sentence for
 rape, is amended to read as follows:
      (c)(1)     Rape is a Class Y felony.
               (2)    Any person Except as provided under  5-4-104(c)(2), a
 person who pleads guilty or nolo contendere to or is found guilty of rape
 involving a victim who is less than fourteen (14) years of age shall be
 sentenced to a minimum term of imprisonment of twenty-five (25) years.
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      SECTION 3.       Arkansas Code  5-27-303 is amended to read as follows:
      5-27-303.       Engaging children in sexually explicit conduct for use in
 visual or print medium.
      (a)   Any person eighteen (18) years of age or older who employs, uses,
 persuades, induces, entices, or coerces any child to engage in or who has a
 child assist any other person to engage in any sexually explicit conduct for
 the purpose of producing any visual or print medium depicting the sexually
 explicit conduct upon conviction is guilty of a Class Y felony:
               (1)    Class B felony for the first offense; and
               (2)    Class A felony for a subsequent offense.
      (b)   Any parent, legal guardian, or person having custody or control of
 a child who knowingly permits the child to engage in or to assist any other
 person to engage in sexually explicit conduct for the purpose of producing
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     As Engrossed:           S4/26/21                                                  HB1934
 any visual or print medium depicting the sexually explicit conduct upon
 conviction is guilty of a Class Y felony:
                   (1)    Class B felony for the first offense; and
                   (2)    Class A felony for a subsequent offense.
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          SECTION 4.       Arkansas Code  5-27-305 is amended to read as follows:
          5-27-305.       Transportation of minors for prohibited sexual conduct.
          (a)   A person commits the offense of transportation of a minor for
 prohibited sexual conduct if the person transports, finances in whole or part
 the transportation of, or otherwise causes or facilitates the movement of any
 minor, and the actor:
                   (1)    Knows or has reason to know that prostitution or sexually
 explicit conduct involving the minor will be commercially exploited by any
 person; and
                   (2)    Acts with the purpose that the minor will engage in:
                           (A)   Prostitution; or
                           (B)   Sexually explicit conduct.
          (b)   Transportation of a minor for prohibited sexual conduct is a Class
 A Y felony.
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          SECTION 5.       Arkansas Code  5-27-403 is amended to read as follows:
          5-27-403.       Producing, directing, or promoting a sexual performance by a
 child.
          (a)   It is unlawful for a person, knowing the character and content of
 the material, to produce, direct, or promote a performance that includes
 sexual conduct by a child under eighteen (18) years of age.
          (b)   A person who violates this section upon conviction is guilty of a
 Class B Y felony.
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          SECTION 6.       Arkansas Code  5-27-605 is amended to read as follows:
          5-27-605.       Computer exploitation of a child.
          (a)(1)     A person commits computer exploitation of a child in the first
 degree if the person:
                           (A)   Causes or permits a child to engage in sexually
 explicit conduct; and
                           (B)   Knows, has reason to know, or intends that the
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     As Engrossed:       S4/26/21                                                     HB1934
 prohibited conduct may be:
                                (i)     Photographed;
                                (ii)    Filmed;
                                (iii)    Reproduced;
                                (iv)    Reconstructed in any manner, including on the
 Internet internet; or
                                (v)     Part of an exhibition or performance.
               (2)    Computer exploitation of a child in the first degree is a:
                        (A)   Class B felony for the first offense; and
                        (B)   Class A Y felony for a subsequent offense.
      (b)(1)     A person commits computer exploitation of a child in the second
 degree if the person:
                        (A)   Photographs or films a child engaged in sexually
 explicit conduct; or
                        (B)   Uses any device, including a computer, to reproduce or
 reconstruct the image of a child engaged in sexually explicit conduct.
               (2)    Computer exploitation of a child in the second degree is a
 Class C felony.
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      SECTION 7.        Arkansas Code  16-93-613 is amended to read as follows:
      16-93-613.        Parole eligibility  Class Y, Class A, or Class B felonies.
      (a)   A person who commits a Class Y felony, Class A felony, or Class B
 felony, except those drug offenses addressed in  16-93-618 or those Class Y
 felonies addressed in  5-4-104(c)(2),  16-93-614, or  16-93-618, and who
 shall be convicted and incarcerated for that felony, shall be eligible for
 release on parole as follows:
               (1)    An inmate under sentence of death or life imprisonment
 without parole is not eligible for release on parole but may be pardoned or
 have his or her sentence commuted by the Governor, as provided by law; and
               (2)(A)     An inmate sentenced to life imprisonment is not eligible
 for release on parole unless the sentence is commuted to a term of years by
 executive clemency.
                        (B)   Upon commutation, the inmate is eligible for release
 on parole as provided in this subchapter.
      (b)   For parole eligibility purposes, consecutive sentences by one (1)
 or more courts or for one (1) or more counts are to be considered as a single
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     As Engrossed:      S4/26/21                                                  HB1934
 commitment reflecting the cumulative sentence to be served.
        (c)   Except as provided for under  16-93-621, for an offense committed
 before, on, or after March 20, 2017, a person who was a minor at the time of
 committing an offense listed under subsection (a) of this section is eligible
 for release on parole under this section.
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        SECTION 8.    Arkansas Code  16-93-615(a)(1)(A), concerning parole
 eligibility procedures, is amended to read as follows:
        (a)(1)(A)    An inmate under sentence for any felony, except those listed
 in  5-4-104(c)(2) or subsection (b) of this section, shall be transferred
 from the Department Division of Correction to the Department of Community
 Correction under this section and  16-93-614, 16-93-616, and 16-93-617,
 subject to rules promulgated by the Board of Corrections or the Parole Board
 and conditions adopted by the Parole Board.
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        SECTION 9.    Arkansas Code  16-93-618(a)(1), concerning parole
 eligibility for certain offenses, is amended to read as follows:
        (a)(1)   Notwithstanding any law allowing the award of meritorious good
 time or any other law to the contrary, a person who is found guilty of or
 pleads guilty or nolo contendere to subdivisions (a)(1)(A)-(I) of this
 section shall not be eligible for parole or community correction transfer,
 except as provided in subdivision (a)(3) or subsection (c) of this section,
 until the person serves seventy percent (70%) of the term of imprisonment to
 which the person is sentenced, including a sentence prescribed under  5-4-
 501:
                      (A)   Murder in the first degree,  5-10-102;
                      (B)   Kidnapping, Class Y felony,  5-11-102;
                      (C)   Aggravated robbery,  5-12-103;
                      (D)   Rape,  5-14-103, unless the person was sentenced to
 life without the possibility of parole;
                      (E)   Trafficking of persons, Class Y felony,  5-18-103,
 unless the person was sentenced to life without the possibility of parole;
                      (F)   Causing a catastrophe,  5-38-202(a);
                      (G)   Manufacturing methamphetamine,  5-64-423(a) or the
 former  5-64-401;
                      (H)   Trafficking methamphetamine,  5-64-440(b)(1); or
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     As Engrossed:   S4/26/21                                                HB1934
                   (I)   Possession of drug paraphernalia with the purpose to
 manufacture methamphetamine, former  5-64-403(c)(5).
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                                    /s/Miller
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                                APPROVED: 5/3/21
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Statutes affected: 
Old version HB1934 Original - 4-14-2021 04:00 PM: 5-4-104(c), 5-14-103(c), 5-27-303, 5-27-305, 5-27-403, 5-27-602, 5-27-605, 16-93-613, 16-93-618, 16-93-614, 16-93-621, 16-93-615(a), 16-93-618(a)
Old version HB1934 V2 - 4-26-2021 02:41 PM: 5-4-104(c), 5-14-103(c), 5-27-303, 04-26-2021, 5-27-305, 5-27-403, 5-27-605, 16-93-613, 16-93-618, 16-93-614, 16-93-621, 16-93-615(a), 16-93-618(a)
HB 1934: 5-4-104(c), 5-14-103(c), 5-27-303, 04-26-2021, 5-27-305, 5-27-403, 5-27-605, 16-93-613, 16-93-618, 16-93-614, 16-93-621, 16-93-615(a), 16-93-618(a)
Act 1102: 5-4-104(c), 5-14-103(c), 5-27-303, 04-26-2021, 5-27-305, 5-27-403, 5-27-605, 16-93-613, 16-93-618, 16-93-614, 16-93-621, 16-93-615(a), 16-93-618(a)