Summary — HB 1678 (95th General Assembly, Regular Session 2025)
Status: Died in committee (introduced Dec 19, 2024)
Primary sponsors: Rep. Long; Sen. J. Payton (also listed among sponsors: Rye, Underwood, A. Brown, Breaux, Pilkington, Bentley, McGrew, C. Cooper, Rose, Torres, Crawford, M. Brown, Womack)
Subject area: Ways and Means / Abortion‑Inducing Drugs Safety Act (Arkansas Code Title 20)
Note on inconsistencies: the bill header in the supplied metadata references bonds and Alcorn State University, but the full bill text and impact assessment clearly concern amendments to the Arkansas Abortion‑Inducing Drugs Safety Act (A.C.A. §§ 20‑16‑1506, 20‑16‑1507). This summary describes the substantive text in the bill documents provided (the abortion‑drugs amendments).
Purpose and intent
The bill would increase criminal penalties for violations of the Abortion‑Inducing Drugs Safety Act and revise and clarify civil remedies and professional sanctions available for noncompliance. It seeks both to elevate certain violations to felony status and to expand who may bring civil actions and the remedies available.
Key provisions
Criminal penalties (A.C.A. § 20‑16‑1506)
- Amends § 20‑16‑1506(a) so that a person who intentionally, knowingly, or recklessly violates any provision of the subchapter would be guilty of a Class D felony (current law: Class A misdemeanor).
- Adds § 20‑16‑1506(c) creating a distinct offense: a licensed healthcare provider, pharmacist, or other individual or entity who prescribes, authorizes, or approves sale/delivery of abortion‑inducing drugs in violation of the subchapter is guilty of a Class D felony and subject to a mandatory fine of $50,000 per violation.
Civil remedies and professional sanctions (A.C.A. § 20‑16‑1507)
- Clarifies and reorganizes civil causes of action: actions may be brought by
- the woman upon whom the drug‑induced abortion was performed or attempted;
- the father of the unborn child who was the subject of the abortion;
- the woman’s spouse, parent, or guardian;
- a prosecuting attorney with jurisdiction;
- the Arkansas Attorney General; or
- any Arkansas resident who receives a shipment of abortion‑inducing drugs for illegal purposes.
- Provides causes of action for actual and punitive damages against persons who purposely, knowingly, or recklessly violate the subchapter.
- Bars damages where the pregnancy resulted from the plaintiff’s criminal conduct.
- Declares violations to be deceptive and unconscionable trade practices under the Deceptive Trade Practices Act.
- Prohibits assessing civil liability against the pregnant woman who underwent the drug‑induced abortion.
- Permits plaintiffs to proceed using initials or a pseudonym and allows courts to close proceedings or issue protective orders to preserve privacy.
- Requires the court to award reasonable attorney’s fees to a prevailing plaintiff; permits awarding fees to a prevailing defendant if the suit was frivolous and brought in bad faith.
- Directs the Arkansas State Medical Board to revoke a physician’s license upon finding noncompliance with the subchapter.
Who would be affected
- Licensed healthcare providers, pharmacists, and other persons or entities that prescribe, authorize, approve, or deliver abortion‑inducing drugs — facing felony exposure and substantial fines.
- Women who receive drug‑induced abortions (and certain family members) — potential plaintiffs for damages and protected from civil liability themselves.
- Prosecutors and the Attorney General — newly explicit standing to bring enforcement suits.
- Courts, the Arkansas State Medical Board, and possibly correctional resources (Class D felony exposure could lead to incarceration up to statute maximums).
- Businesses and pharmacies involved in distribution of such drugs.
Fiscal and practical impact
- The Arkansas Sentencing Commission impact assessment concluded the fiscal/correctional impact cannot be determined because the likely number of occurrences under the heightened penalties and the new provider‑specific offense is unknown. For 2022–2024, there were zero reported convictions under § 20‑16‑1506 (data caveats noted).
- Penalty specifics: Class D felony (penalty range per Arkansas sentencing guidelines; Class D typically up to 6 years imprisonment and up to $10,000 fine for felonies in standard tables referenced), plus the explicit $50,000 fine per violation for providers under the bill.
- Expanded civil enforcement and attorney’s fee rules may increase litigation risk and potential civil liability exposure.
Procedural/timeline highlights
- Filed: Dec 19, 2024.
- Amendment No. 1 read and adopted; bill engrossed (H 4/14/25).
- Withdrawn by author (4/16/25) and recommended for study in the interim by House Judiciary Committee.
- Final disposition in provided metadata: Died in Committee.
If you want, I can produce a redlined comparison showing the exact statutory text changes (old vs. new language) or a short briefing on how this change would compare to current Arkansas felony/misdemeanor sentencing ranges.
