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HB 1764

AN ACT TO AMEND THE LAW CONCERNING A VIOLATION OF AN ORDER OF PROTECTION.

2025 Regular Session Introduced by Josh Bryant and 1 co-sponsor

House Bill 1764 reclassifies repeat violations of protection orders as Class D felonies, enhancing penalties to improve safety for victims and deter offenders in Arkansas.

Notification that HB1764 is now Act 831
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Bill Summary · HB 1764

Summary of House Bill 1764 (Act 831)

Bill Title: An Act to Amend the Law Concerning a Violation of an Order of Protection
Bill Number: HB 1764
Status: Enacted as Act 831
Introduced: March 12, 2025
Sponsor: Representative Underwood

Purpose and Intent

House Bill 1764 aims to strengthen the legal framework surrounding violations of orders of protection in Arkansas. The bill seeks to enhance penalties for repeat offenders by reclassifying certain violations as felonies, thereby providing greater protection for individuals under such orders.

Key Provisions

  • Amendment to Existing Law: The bill amends Arkansas Code Annotated (A.C.A.) § 5-53-134(b) concerning the classification of violations of orders of protection.
  • Class D Felony Classification: Under the new provisions, a violation of an order of protection will be classified as a Class D felony if:
    • The violation occurs within five years of a previous conviction for a similar offense (either under Arkansas law or an equivalent law from another state or jurisdiction).
    • The order of protection was issued after a hearing where the individual received actual notice and had the opportunity to participate.
  • Current Law Comparison: Previously, violations of an order of protection were classified as Class A misdemeanors unless specific circumstances applied. The new classification introduces a more stringent penalty for repeat offenders.

Impact and Affected Parties

  • Potential Impact on Offenders: The bill is expected to affect individuals who have previously violated orders of protection, particularly those who commit subsequent violations within the specified timeframe.
  • Judicial and Correctional Resources: The exact impact on judicial and correctional resources is currently undetermined. Data from the Administrative Office of the Courts indicates that there were 77 felony convictions for violations of A.C.A. § 5-53-134 from January 1, 2022, to December 31, 2024. The Division of Correction reports four offenders currently serving sentences for this violation.
  • Public Safety: The bill aims to enhance public safety by imposing stricter penalties on repeat offenders, thereby deterring future violations.

Procedural Timeline

  • March 12, 2025: Bill filed and introduced.
  • April 1, 2025: The bill was reported correctly engrossed after passing through the House and Senate.
  • April 15, 2025: The bill was correctly enrolled and transmitted to the Governor's Office.
  • April 17, 2025: Notification that HB 1764 is now Act 831.

Conclusion

House Bill 1764 represents a significant legislative effort to address the issue of domestic violence and enhance the enforcement of protective orders in Arkansas. By reclassifying certain violations as felonies, the bill aims to provide stronger legal recourse for victims and promote accountability among offenders.

Compiled from official sources — confirm details with the bill’s official record.

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