Summary — HB 1948 (Arkansas draft text provided)
Status
- Bill number: HB 1948 (text indicates Arkansas 95th General Assembly, Regular Session 2025)
- Introduced: January 17, 2025 (prefiled)
- Sponsors (in the provided Arkansas text): Rep. Joey Carr; Sen. D. Wallace
- Procedural notes (mixed/duplicative records provided): read and referred in 2025; reported in committee at times; listed as “Died in House Committee at Sine Die adjournment.” The file provided also contains unrelated material from another state’s HB1948 (Illinois).
Important note about the provided materials
- The metadata supplied with your request included an unrelated title (“Establishes provisions relating to fatherhood engagement”) that does not match the substantive text included. The substantive draft language supplied is an Arkansas bill that amends negligent-homicide and chemical-test/subpoena provisions. The file also contains an unrelated Illinois appropriation bill excerpt. This summary focuses on the Arkansas statutory amendments contained in the supplied text.
Purpose and intent
- To amend Arkansas criminal statutes governing negligent homicide committed while operating a vehicle/aircraft/watercraft and to amend statutory provisions concerning testimony and subpoenas related to chemical testing instruments and personnel.
Key provisions and changes
1. Amendments to negligent homicide (§ 5-10-105(a)(1))
- Reframes the conditions under which negligent homicide (by operating a vehicle, aircraft, or watercraft) is committed. The act lists specific circumstances in which negligent operation causing death constitutes negligent homicide:
- While intoxicated (including a presumption when alcohol concentration is .08 or greater as measured by chemical test per § 5-65-204).
- While passing a stopped school bus in violation of § 27-51-1004 (if the person was operating a vehicle).
- While fatigued.
- While there is any amount of a controlled substance present in the person as determined by a chemical test of blood/urine/breath/saliva/other bodily substance; chemical testing methods governed by § 5-65-208.
- The statutory text references and incorporates existing chemical-testing procedures (§§ 5-65-204, 5-65-206, 5-65-208).
New definition added (§ 5-10-105(c))
- Adds a new subdivision defining “controlled substance” for purposes of this section to specifically mean:
- Fentanyl; Methamphetamine; Heroin; or Cocaine.
Amendment to subpoena/testimony provision (§ 5-65-206(d)(3))
- Revises the language concerning who may be called/cross-examined regarding chemical analysis instruments and testing personnel. The text addresses persons a defendant charged under § 5-65-103 may call/cross-examine (e.g., instrument calibrator, operator, and an office representative).
- Adds/retains an express provision that the prosecuting attorney or defendant may compel testimony of such persons by subpoena if the subpoena is issued at least 10 days before the hearing or trial, and requires the witness to bring the record/report at issue (with the record/report admissible at hearing/trial).
Who would be affected
- Criminal defendants and prosecutors in negligent-homicide cases arising from vehicle/aircraft/watercraft operation.
- Drivers and operators whose conduct while intoxicated, fatigued, passing a stopped school bus, or having specified controlled substances detected could form the basis for negligent homicide charges.
- Forensic laboratory personnel, instrument operators/calibrators, and agency representatives subject to subpoena and testimony requirements in chemical-test cases.
- Courts and law enforcement, due to changes in statutory definitions and evidentiary/subpoena procedures.
Potential impact and practical effects
- Specifies a non-exhaustive list of drugs (fentanyl, methamphetamine, heroin, cocaine) that, if detected, can support negligent-homicide liability — potentially increasing prosecutions tied to drug presence even if the detected amount is unspecified (“any amount” language).
- Explicitly lists “fatigued” and passing a stopped school bus as conduct that can support negligent homicide when death results, which broadens enumerated bases for the offense.
- The subpoena/testimony language imposes a 10-day notice requirement and requires the production of records at trial; depending on current law/practice, this may clarify or alter how and when lab personnel and calibrators are compelled to testify.
- Because the materials provided are internally inconsistent (subtitle suggests repeal of subpoena ability, while the amendment text includes subpoena language), the practical legal effect depends on the final enacted wording; the net effect could either limit or preserve subpoena power in chemical-test cases.
Procedural/timeline aspects
- No specific effective date is included in the Arkansas portion of the draft text provided.
- According to the mixed procedural log included, the bill was introduced and moved through some committee steps in 2025 but was listed as “Died in House Committee at Sine Die adjournment.” Confirm current status with the Arkansas legislative records for the 2025 session.
Recommendation
- Verify the correct bill title and final enacted text (the provided packet contains unrelated materials and an inconsistent subtitle). For practitioners, pay attention to the final statutory language on (1) the list/definition of controlled substances, (2) the “any amount” testing standard, and (3) the precise subpoena/testimony rules and any 10-day-notice requirement.
