AN ACT TO AMEND ARKANSAS LAW TO ALLOW WARRANTLESS SEARCHES BY A LAW ENFORCEMENT OFFICER OF A PERSON PLACED ON SUSPENDED IMPOSITION OF SENTENCE; AND FOR OTHER PURPOSES.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

Arkansas law now allows warrantless searches of individuals on probation or parole, enhancing law enforcement's ability to ensure compliance with supervision terms.

Notification that HB1979 is now Act 983

Summary of House Bill 1979 (Act 983)

Bill Title: An Act to Amend Arkansas Law to Allow Warrantless Searches by a Law Enforcement Officer of a Person Placed on Suspended Imposition of Sentence; and for Other Purposes.

Bill Number: HB 1979
Status: Enacted as Act 983
Introduced: April 02, 2025
Authors: Representative Gazaway, Senator B. Johnson

Purpose and Intent

House Bill 1979 aims to amend existing Arkansas law to permit law enforcement officers to conduct warrantless searches of individuals who are on supervised probation, parole, or have been placed on suspended imposition of sentence. The intent behind this legislation is to enhance law enforcement's ability to monitor individuals under supervision and ensure compliance with the terms of their release.

Key Provisions

The bill introduces several significant changes to Arkansas Code § 16-93-106:

Warrantless Searches Authorized:

Law enforcement officers and Division of Community Correction officers are authorized to conduct warrantless searches of individuals who are on supervised probation, parole, or suspended imposition of sentence.
Searches can include the individual’s person, residence, motor vehicle, and any electronic devices under their control.

Waiver Requirement:

Individuals placed on supervised probation or similar statuses must sign a waiver agreeing to these warrantless searches as a condition of their supervision.
If an individual refuses to sign the waiver, they become ineligible for supervised probation, suspended imposition of sentence, parole, or post-release supervision.

Search Conduct:

Warrantless searches must be conducted in a reasonable manner and do not require law enforcement to have an articulable suspicion of criminal activity.

Definition of Residence:

The term "residence" is defined to include garages or outbuildings on the property.

Impact

Affected Individuals:

The bill primarily affects individuals who are on supervised probation, parole, or suspended imposition of sentence in Arkansas. These individuals will be subject to warrantless searches as a condition of their supervision.

Law Enforcement:

Law enforcement agencies will gain expanded authority to monitor compliance among individuals under supervision, potentially leading to increased oversight and enforcement of probation and parole conditions.

Procedural Timeline

April 02, 2025: Bill filed.

April 03, 2025: First reading and referral to the House Judiciary Committee.

April 09, 2025: Passed by the House and transmitted to the Senate.

April 10, 2025: Received by the Senate and referred to the Judiciary Committee.

April 14, 2025: Returned with a recommendation to pass.

April 16, 2025: Passed by the Senate and returned to the House.

April 22, 2025: Notification that HB 1979 is now Act 983.

This summary provides an overview of House Bill 1979, detailing its purpose, key provisions, and the potential impact on individuals and law enforcement in Arkansas.