Bill
HB 1780
Amends Arkansas law to require sheriff’s possession of property from felony investigations be kept until the statute of limitations for the most serious related crime lapses, unles
Note on source material and jurisdictional conflicts
- The materials provided appear to conflate multiple different bills that share the identifier "HB 1780" in different states and contexts:
- A Mississippi-style heading referencing an appropriation for Alcorn State University (IHL) — not otherwise reflected in the bill text below.
- An Arkansas bill (sponsored by Rep. Gazaway and Sen. Gilmore) that would amend Arkansas Code §13‑4‑409(a) concerning retention of property connected to a felony investigation.
- An Illinois bill (Rep. Jay Hoffman) that makes a technical edit to the Southwest Regional Port District Act.
- Legislative-action entries are inconsistent (e.g., “Died In Committee” vs. records noting readings, passage, and “Act 684”). Because of these conflicts, the summary below focuses on the substantive text provided for the Arkansas amendment (the clearest substantive provision in the packet). Verify the correct jurisdiction and bill number with official legislative records for final legal status.
Purpose and intent
- To clarify when property held by a county sheriff’s office because of a felony criminal investigation may be released prior to the expiration of the statute of limitations for the most serious possible connected crime.
Key provision (Arkansas version)
- Amends Arkansas Code §13‑4‑409(a) to state that an item in a county sheriff’s possession pursuant to a felony criminal investigation must be retained until the applicable statute of limitations for the most serious possible crime has lapsed, unless:
1. The item is released by an order of the court; or
2. The item is released by the prosecuting attorney because there will be no prosecution pursuant to the felony criminal investigation.
Who is affected
- County sheriff’s offices (evidence/property storage and retention practices).
- Prosecuting attorneys (authority to release property when no prosecution will occur).
- Individuals and entities whose property is seized or otherwise retained during felony investigations (rights to prompt return when prosecution is declined).
- Courts (may issue release orders in appropriate cases).
Potential impacts and considerations
- Clarifies prosecuting attorneys’ explicit authority to release property where no prosecution will occur, potentially shortening retention time for property and reducing storage burdens on sheriffs’ offices.
- Retains the default rule that property be held until the statute of limitations for the most serious connected felony has lapsed unless one of the two release mechanisms applies.
- May improve timeliness of property return when prosecution is declined, but leaves unchanged the retention period when prosecutors do not issue a release and no court order is sought.
- Possible administrative and evidentiary implications for chain‑of‑custody, civil claims for return, and coordination between law enforcement and prosecutors.
Procedural/timeline notes (conflicting records)
- Introduced: January 8, 2025 (per packet).
- Amendment No. 1 (H1) attributed to Rep. Gazaway (read/adopted April 2, 2025 in one record).
- Status in packet: “Died In Committee” (but other entries report committee recommendations, readings, and an “Act 684” designation dated April 16, 2025). Consult official state legislative records for authoritative status and enactment details.
Related legislation
- Companion listed: HB 1218 (no text provided here).
Recommendation
- Confirm the correct state/jurisdiction and bill file to reconcile the mixed records before relying on this summary for legal or policy action.
Compiled from official sources — confirm details with the bill’s official record.
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