Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 736 of the Regular Session
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1637
 4
 5   By: Representatives A. Collins, Gazaway
 6   By: Senator C. Tucker
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO SPECIFY THE CULPABLE MENTAL STATE FOR
10                  CERTAIN OFFENSES; AND FOR OTHER PURPOSES.
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12
13                                                 Subtitle
14                           TO SPECIFY THE CULPABLE MENTAL STATE FOR
15                           CERTAIN OFFENSES.
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17
18   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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20          SECTION 1.        Arkansas Code § 5-1-104(a)(6), concerning territorial
21   applicability, is amended to read as follows:
22                           (6)   The offense is defined by a statute of this state that
23   expressly prohibits conduct outside the state and the conduct bears a
24   reasonable relation to a legitimate interest of this state and the person
25   knows or reasonably should know that his or her conduct is likely to affect
26   that legitimate interest of this state.
27
28          SECTION 2.        Arkansas Code § 5-13-213(a)(1), concerning aggravated
29   assault against a first responder, is amended to read as follows:
30                  (1)      The person knowingly causes physical contact with a first
31   responder by spitting, throwing, or otherwise transferring bodily fluids,
32   pathogens, or human waste onto the person of the first responder or by
33   throwing an object such as a brick, rock, bottle, projectile, firework,
34   chemical agent, or explosive device that a reasonable the person knows or
35   reasonably should know could cause physical injury if the object struck the
36   first responder; and
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 1
 2        SECTION 3.     Arkansas Code § 5-18-103(a)(1)-(5), concerning trafficking
 3   of persons, are amended to read as follows:
 4                (1)   Recruits, harbors, transports, obtains, entices, solicits,
 5   isolates, provides, or maintains a person knowing when he or she knows or
 6   reasonably should know that the person will be subjected to involuntary
 7   servitude;
 8                (2)   Benefits financially or benefits by receiving anything of
 9   value from participation in a venture that he or she knows or reasonably
10   should know is engaged in conduct prohibited under subdivision (a)(1) of this
11   section;
12                (3)   Subjects a person to involuntary servitude;
13                (4)   Recruits, entices, solicits, isolates, harbors, transports,
14   provides, maintains, or obtains a minor for commercial sexual activity;
15                (5)   Sells or offers to sell travel services that he or she knows
16   or reasonably should know include an activity prohibited under subdivisions
17   (a)(1)-(4) of this section;
18
19        SECTION 4.     Arkansas Code § 5-18-104(a), concerning patronizing a
20   victim of human trafficking, is amended to read as follows:
21        (a)     A person commits the offense of patronizing a victim of human
22   trafficking if he or she knowingly engages in commercial sexual activity with
23   another person knowing that the other person who he or she knows or
24   reasonably should know is a victim of human trafficking.
25
26        SECTION 5.     Arkansas Code § 5-26-303(b)(2)(B)(i), concerning domestic
27   battering in the first degree, is amended to read as follows:
28                             (i)   Committed against a woman the person knew or
29   reasonably should have known was pregnant; or
30
31        SECTION 6.     Arkansas Code § 5-26-304(b)(2)(A), concerning domestic
32   battering in the second degree, is amended to read as follows:
33                      (A)   Committed against a woman the person knew or
34   reasonably should have known was pregnant; or
35
36        SECTION 7.     Arkansas Code § 5-26-305(b)(2)(A), concerning domestic
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 1   battering in the third degree, is amended to read as follows:
 2                          (A)   Committed against a woman the person knew or
 3   reasonably should have known was pregnant; or
 4
 5            SECTION 8.    Arkansas Code § 5-36-124(b), concerning theft by receiving
 6   of scrap metal, is amended to read as follows:
 7            (b)   A person commits the offense of theft by receiving of scrap metal
 8   if he or she receives, retains, purchases, or disposes of scrap metal of
 9   another person and he or she knows or reasonably should have known that the
10   scrap metal was stolen.
11
12            SECTION 9.    Arkansas Code § 5-53-202(a), concerning threatening a
13   judicial officer or juror, is amended to read as follows:
14            (a)   A person commits the offense of threatening a judicial official or
15   juror if the person directly or indirectly utters or otherwise makes a threat
16   toward another person whom the person knows or reasonably should know to be
17   a:
18                  (1)    Judicial official;
19                  (2)    Juror; or
20                  (3)    Member of the immediate family of a judicial official or
21   juror.
22
23            SECTION 10.    Arkansas Code § 5-65-123(d)(2), concerning offenses
24   involving a motor vehicle equipped with an ignition interlock device, is
25   amended to read as follows:
26                  (2)    Knows or reasonably should have known that the other person
27   was restricted from operating or being in actual physical control of a motor
28   vehicle not equipped with an ignition interlock device.
29
30            SECTION 11.    Arkansas Code § 5-73-108(a)(1)(B)(ii), concerning criminal
31   acts involving explosives, is amended to read as follows:
32                                 (ii) Knows or reasonably should know that another
33   person intends to use that explosive material or destructive device to commit
34   an offense.
35
36            SECTION 12.    Arkansas Code § 5-77-201(a)(2), concerning unlawful
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 1   possession, purchase, sale, or transfer of a blue light or blue lens cap, is
 2   amended to read as follows:
 3              (2)   Transfer a blue light or blue lens cap to another person
 4   whom the actor knows or reasonably should know has a purpose to unlawfully
 5   use the blue light or blue lens cap.
 6
 7        SECTION 13.   Arkansas Code § 16-90-804(d)(2), concerning departures
 8   from the voluntary presumptive sentence range, is amended to read as follows:
 9              (2)   The offender knew or reasonably should have known that the
10   victim was particularly vulnerable or incapable of resistance due to extreme
11   youth, advanced age, disability, or ill health;
12
13
14                                 APPROVED: 4/12/23
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Statutes affected: 
HB 1637: 5-1-104(a), 5-13-213(a), 5-18-103(a), 5-18-104(a), 5-26-303(b), 5-26-304(b), 5-26-305(b), 5-36-124(b), 5-53-202(a), 5-65-123(d), 5-73-108(a), 5-77-201(a), 16-90-804(d)
Act 736: 5-1-104(a), 5-13-213(a), 5-18-103(a), 5-18-104(a), 5-26-303(b), 5-26-304(b), 5-26-305(b), 5-36-124(b), 5-53-202(a), 5-65-123(d), 5-73-108(a), 5-77-201(a), 16-90-804(d)