Stricken language would be deleted from and underlined language would be added to present law.
Act 692 of the Regular Session
1 State of Arkansas As Engrossed: H4/3/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 406
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5 By: Senators K. Hammer, Irvin
6 By: Representative Dalby
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING EXTENDED JUVENILE
10 JURISDICTION DESIGNATION UNDER THE ARKANSAS JUVENILE
11 CODE OF 1989; TO AMEND THE CRIMINAL CHARGES THAT
12 WOULD ALLOW THE STATE TO REQUEST AN EXTENDED JUVENILE
13 JURISDICTION DESIGNATION IN A DELINQUENCY PETITION OR
14 FILE A SEPARATE MOTION WHEN ONE OR MORE OF THE
15 OFFENSES ARE CHARGED AGAINST A JUVENILE WHO IS
16 FOURTEEN OR FIFTEEN YEARS OF AGE; AND FOR OTHER
17 PURPOSES.
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20 Subtitle
21 TO AMEND THE LAW CONCERNING EXTENDED
22 JUVENILE JURISDICTION DESIGNATION UNDER
23 THE ARKANSAS JUVENILE CODE OF 1989.
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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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28 SECTION 1. Arkansas Code § 9-27-501 is amended to read as follows:
29 9-27-501. Extended juvenile jurisdiction designation.
30 (a) The state may request an extended juvenile jurisdiction
31 designation in a delinquency petition or file a separate motion if the:
32 (1) Juvenile, under thirteen (13) years of age at the time of
33 the alleged offense, is charged with capital murder, § 5-10-101, or murder in
34 the first degree, § 5-10-102, and the state has overcome presumptions of lack
35 of fitness to proceed and lack of capacity as set forth in § 9-27-502;
36 (2)(A) Juvenile, thirteen (13) years of age at the time of the
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1 alleged offense, is charged with capital murder, § 5-10-101, or murder in the
2 first degree, § 5-10-102.
3 (B) However, juveniles thirteen (13) years of age at the
4 time of the alleged offense shall have an evaluation pursuant to § 9-27-502,
5 and the burden will be upon the juvenile to establish lack of fitness to
6 proceed and lack of capacity;
7 (3) Juvenile, fourteen (14) or fifteen (15) years of age at the
8 time of the alleged offense, is charged with any of the following crimes
9 listed in § 9-27-318(b)(1) and (c)(2); or:
10 (A) Capital murder, § 5-10-101;
11 (B) Murder in the first degree, § 5-10-102;
12 (C) Murder in the second degree, § 5-10-103;
13 (D) Kidnapping, § 5-11-102;
14 (E) Aggravated robbery, § 5-12-103;
15 (F) Battery in the first degree, § 5-13-201;
16 (G) Battery in the second degree in violation of § 5-13-
17 202(a)(2), (3), or (4);
18 (H) Aggravated assault, § 5-13-204;
19 (I) Terroristic act, § 5-13-310;
20 (J) Rape, § 5-14-103;
21 (K) Sexual assault in the second degree, § 5-14-125;
22 (L) First degree escape, § 5-54-110;
23 (M) Second degree escape, § 5-54-111;
24 (N) Criminal use of prohibited weapons, § 5-73-104;
25 (O) Possession of a handgun on school property, § 5-73-
26 119(b)(1)(A);
27 (P) Unlawful discharge of a firearm from a vehicle, § 5-
28 74-107;
29 (Q) Any felony involving a firearm;
30 (R) Soliciting or recruiting a minor to join or to remain
31 a member of a criminal gang, organization, or enterprise, § 5-74-203; or
32 (S) A felony attempt, solicitation, or conspiracy to
33 commit any of the following offenses:
34 (i) Capital murder, § 5-10-101;
35 (ii) Murder in the first degree, § 5-10-102;
36 (iii) Murder in the second degree, § 5-10-103;
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1 (iv) Kidnapping, § 5-11-102;
2 (v) Aggravated robbery, § 5-12-103;
3 (vi) Battery in the first degree, § 5-13-201;
4 (vii) Rape, § 5-14-103;
5 (viii) First degree escape, § 5-54-110; and
6 (ix) Second degree escape, § 5-54-111; or
7 (4) Juvenile, is at least sixteen (16) or seventeen (17) years
8 of age at the time of the alleged offense, is charged with any of the crimes
9 listed in § 9-27-318(b)(1) and (c)(2) when he or she engages in conduct that,
10 if committed by an adult, would be a felony.
11 (b) The juvenile's attorney may file a motion to request extended
12 juvenile jurisdiction if the state could have filed pursuant to subsection
13 (a) of this section.
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15 /s/K. Hammer
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18 APPROVED: 4/11/23
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