Stricken language would be deleted from and underlined language would be added to present law.
Act 174 of the Regular Session
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1279
4
5 By: Representatives Gazaway, M. Shepherd
6 By: Senators C. Tucker, J. Bryant
7
8 For An Act To Be Entitled
9 AN ACT TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 OF
10 THE ARKANSAS CODE CONCERNING THE CRIMINAL CODE; AND
11 FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO MAKE TECHNICAL CORRECTIONS TO TITLE 5
16 OF THE ARKANSAS CODE CONCERNING THE
17 CRIMINAL CODE.
18
19
20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
21
22 SECTION 1. Arkansas Code § 5-1-109(f), concerning when a prosecution
23 is commenced, is amended to read as follows to delete obsolete language:
24 (f) A prosecution is commenced when an arrest warrant is issued by a
25 judge based on probable cause or an indictment, information, or other
26 charging instrument if the arrest warrant or other process is sought to be
27 executed without unreasonable delay.
28
29 SECTION 2. Arkansas Code § 5-54-209(a), concerning the offense of use
30 of a hoax substance, is amended to read as follows to clarify a reference:
31 (a) A person commits the offense of use of a hoax substance or hoax
32 bomb if the person knowingly delivers or causes the delivery of a hoax
33 substance or hoax bomb to a governmental facility, school, business,
34 hospital, office building, or similar facility open to the public, or to a
35 person's home, business, or place of work, with the purpose of causing
36 anxiety, unrest, fear, personal discomfort, or the evacuation of the facility
*JLL007* 01/26/2023 09:13:07 AM JLL007
 HB1279
1 governmental facility, school, business, hospital, office building, or
2 similar facility open to the public or the person's home, business, or place
3 of work.
4
5 SECTION 3. Arkansas Code § 5-65-204(a)(1), concerning the definition
6 of “alcohol concentration” under the Omnibus DWI or BWI Act, is amended to
7 read as follows to delete obsolete language:
8 (a)(1) As used in this chapter, § 5-10-105, and § 5-75-101 et seq.,
9 and § 5-76-101 et seq. [repealed], “alcohol concentration” means either:
10 (A) Grams of alcohol per one hundred milliliters (100 ml)
11 or one hundred cubic centimeters (100 cc) of blood; or
12 (B) Grams of alcohol per two hundred ten liters (210 l) of
13 breath.
14
15 SECTION 4. Arkansas Code § 5-73-120(c)(2), concerning the
16 permissibility of carrying a weapon, is amended to read as follows to correct
17 the omission of a comma by Acts 2005, No. 1994, § 293:
18 (2) The person is a law enforcement officer, correctional
19 officer, or member of the armed forces, acting in the course and scope of his
20 or her official duties;
21
22 SECTION 5. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT.
23 It is the intent of the General Assembly that:
24 (1) The enactment and adoption of this act shall not expressly
25 or impliedly repeal an act passed during the regular session of the Ninety-
26 Fourth General Assembly;
27 (2) To the extent that a conflict exists between an act of the
28 regular session of the Ninety-Fourth General Assembly and this act:
29 (A) The act of the regular session of the Ninety-Fourth
30 General Assembly shall be treated as a subsequent act passed by the General
31 Assembly for the purposes of:
32 (i) Giving the act of the regular session of the
33 Ninety-Fourth General Assembly its full force and effect; and
34 (ii) Amending or repealing the appropriate parts of
35 the Arkansas Code of 1987; and
36 (B) Section 1-2-107 shall not apply; and
2 01/26/2023 09:13:07 AM JLL007
 HB1279
1 (3) This act shall make only technical, not substantive, changes
2 to the Arkansas Code of 1987.
3
4
5 APPROVED: 3/2/23
6
7
8
9
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 01/26/2023 09:13:07 AM JLL007


Statutes affected:
HB 1279: 5-1-109(f), 5-54-209(a), 5-65-204(a), 5-73-120(c)
Act 174: 5-1-109(f), 5-54-209(a), 5-65-204(a), 5-73-120(c)