Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 613 of the Regular Session
 1   State of Arkansas                    As Engrossed:      S3/29/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                               SENATE BILL 96
 4
 5   By: Senator D. Wallace
 6   By: Representative Milligan
 7
 8                                      For An Act To Be Entitled
 9                  AN ACT REGARDING THE TERMINATION OF THE OBLIGATION TO
10                  REGISTER AS A SEX OFFENDER; TO REQUIRE NOTIFICATION
11                  TO A VICTIM OF A SEX OFFENDER'S APPLICATION TO
12                  TERMINATE THE OBLIGATION TO REGISTER AS A SEX
13                  OFFENDER; TO INCLUDE NOTIFICATION TO THE VICTIM
14                  THROUGH THE COMPUTERIZED VICTIM NOTIFICATION SYSTEM;
15                  AND FOR OTHER PURPOSES.
16
17
18                                                 Subtitle
19                           REGARDING THE TERMINATION OF THE
20                           OBLIGATION TO REGISTER AS A SEX OFFENDER;
21                           AND TO REQUIRE NOTIFICATION TO A VICTIM
22                           OF A SEX OFFENDER'S APPLICATION TO
23                           TERMINATE AN OBLIGATION TO REGISTER.
24
25
26   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28          SECTION 1.        Arkansas Code § 12-12-919(b)(1)(B), concerning a hearing on
29   the application to terminate the obligation to register as a sex offender, is
30   amended to read as follows:
31                            (B)(i)     The court shall hold a hearing on the application
32   under subdivision (b)(1)(A) of this section at which the applicant and any
33   interested persons may present witnesses and other evidence.
34                                     (ii)   No less than twenty (20) thirty (30) days
35   before the date of the hearing on the application under subdivision (b)(1)(A)
36   of this section, a copy of the application for termination of the obligation
     *CRH014*                                                                    03-29-2023 09:23:03 CRH014
     As Engrossed:    S3/29/23                                                         SB96
 1   to register under subdivision (b)(1)(A) of this section shall be served on:
 2                                       (a)    The prosecutor of the county in which the
 3   adjudication of guilt triggering registration was obtained if the sex
 4   offender was convicted in this state; or
 5                                       (b)    The prosecutor of the county where a sex
 6   offender resides if the sex offender was convicted in another state.
 7                               (iii)     A copy of the application under subdivision
 8   (b)(1)(A) of this section also shall be served to on the Arkansas Sex
 9   Offender Registry in the Arkansas Crime Information Center and to Community
10   Notification Assessment at least twenty (20) thirty (30) days before the
11   hearing.
12                               (iv)(a)       Upon receipt of the application under
13   subdivision (b)(1)(A) of this section, the court shall notify the
14   computerized victim notification system under § 12-12-1201 of the filing of
15   the application.
16                                       (b)    The computerized victim notification
17   system § 12-12-1201 shall notify a victim who has opted in to receive
18   notifications of the filing of an application to terminate an obligation to
19   register under this section.
20
21        SECTION 2.     Arkansas Code § 12-12-1201 is amended to read as follows:
22        12-12-1201.     Authorization.
23        The Arkansas Crime Information Center is authorized to develop and
24   operate a computerized victim notification system which shall provide:
25              (1)     A mechanism for victims of criminal offenses or the victim's
26   next of kin to access information about proceedings in the criminal justice
27   and corrections systems by use of a twenty-four-hour toll-free in-watts
28   telephone service; and
29              (2)     Automatic notification by computerized telephone service to
30   the victims of criminal offenses or the victim's next of kin of:
31                      (A)   An inmate's, parolee's, or probationer's status,
32   including the location of the inmate, parolee, or probationer; and
33                      (B)   A person's release or modification of a conditional
34   release from the custody of the Arkansas State Hospital, a local or regional
35   hospital, a local or regional mental health facility, or a local or regional
36   jail to which the person has been committed by a court when the person
                                                 2               03-29-2023 09:23:03 CRH014
     As Engrossed:   S3/29/23                                                  SB96
 1   committed a criminal act against the victim but was adjudicated in the
 2   criminal case to have a mental disease or defect under § 5-2-301 et seq.; and
 3                     (C)   A sex offender's application for the termination of
 4   the obligation to register as a sex offender under § 12-12-919.
 5
 6                                    /s/D. Wallace
 7
 8
 9                                  APPROVED: 4/11/23
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                         3               03-29-2023 09:23:03 CRH014