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HB 1763

CONSUMER FRAUD-SOCIAL CLUBS

104th Regular Session Introduced by Lakesia Collins and 1 co-sponsor

HB 1763 criminalizes using communication devices in human trafficking, enhancing law enforcement's ability to prosecute offenders and increase accountability.

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · HB 1763

Summary of HB 1763: Unlawful Use of a Communication Device During Human Trafficking

Bill Number: HB 1763
Title: To Amend the Human Trafficking Act of 2013; and to Create the Offense of Unlawful Use of a Communication Device During the Commission of a Human Trafficking Offense
Status: Now Act 682
Introduced: March 12, 2025
Sponsored by: Representative Underwood

Purpose and Intent

HB 1763 aims to strengthen the legal framework surrounding human trafficking in Arkansas by introducing a new offense related to the use of communication devices during the commission of human trafficking crimes. The bill seeks to enhance law enforcement's ability to prosecute individuals who utilize communication devices to facilitate or commit human trafficking offenses.

Key Provisions

  • Creation of New Offense: The bill amends Title 5 of the Arkansas Code Annotated by adding a new section, A.C.A. § 5-18-108, which defines the unlawful use of a communication device during human trafficking.

  • Definition of Communication Device: The term "communication device" encompasses any public or private means used for transmitting information, including but not limited to mail, telephone, wire, and radio.

  • Classification of the Offense: A violation of this new section is classified as a Class C felony. This aligns with existing laws regarding unlawful use of communication devices in other felony contexts.

  • Separate Offenses: Each instance of using a communication device in the context of human trafficking is treated as a separate offense, allowing for multiple charges if applicable.

Impact and Affected Parties

  • Criminal Justice System: The bill introduces a new felony offense, although the anticipated number of occurrences is currently unknown. Historical data indicates minimal existing convictions for similar offenses, suggesting that the impact on correctional resources will be limited.

  • Current Statistics: According to the Administrative Office of the Courts, there were 253 felony convictions for unlawful use of a communication device from January 1, 2022, to December 31, 2024. However, only four offenders are currently serving sentences for this specific charge.

  • Potential for Prosecution: The bill is expected to provide law enforcement and prosecutors with additional tools to combat human trafficking, potentially leading to increased accountability for offenders.

Procedural Timeline

  • March 12, 2025: Bill filed and introduced.
  • April 1, 2025: Passed by the House Judiciary Committee.
  • April 10, 2025: Passed by both the House and Senate.
  • April 16, 2025: Notification that HB 1763 is now Act 682.

Conclusion

HB 1763 represents a significant step in addressing human trafficking in Arkansas by criminalizing the use of communication devices in connection with these offenses. By establishing clear legal definitions and penalties, the bill aims to enhance the state's ability to combat this serious crime effectively.

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

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