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HB 1979

Reducing the cost of inhalers and epinephrine autoinjectors.

2023-2024 Regular Session Introduced by Lisa Callan and 11 co-sponsors

Requires privacy waiver for people on supervised probation, parole, or post-release, enabling warrantless, suspicion-free searches of person, home, car, and devices.

Effective date 6/6/2024.
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Bill Summary · HB 1979

Bill Summary — HB 1979

Title: Suffrage; restore to Kunta Gates of Humphreys County.
Classification / Subject: bill / Judiciary B
Introduced: January 22, 2025
Primary Sponsors: Rep. Gazaway; Sen. B. Johnson; Rep. Tony M. McCombie (note: document appears to contain material from more than one state)
Status: Reported as “Died In Committee” in the provided header, but the legislative-action list in the document contains conflicting/duplicative entries (see “Procedural status” below). Verify with the official state legislature site for final disposition.

Note on source material: The submitted bill text appears to combine content from two different jurisdictions (Arkansas and Illinois). This summary focuses on the substantive Arkansas provision contained in the text (amendment to Ark. Code § 16‑93‑106) and flags procedural inconsistencies below.

Purpose / Intent

To amend Arkansas law (Ark. Code § 16‑93‑106) to require people placed on supervised probation, suspended imposition of sentence, parole, or post‑release supervision to waive certain privacy protections and to allow certified law‑enforcement or Division of Community Correction officers to conduct warrantless searches of those persons and their property without an articulable‑suspicion requirement.

Key Provisions

  • Amends Ark. Code § 16‑93‑106 to make a waiver a mandatory condition for placement on:
    • supervised probation,
    • suspended imposition of sentence,
    • parole, or
    • post‑release supervision.
  • Scope of the required waiver:
    • Permits any certified law‑enforcement officer or Division of Community Correction officer to conduct warrantless searches of the person, place of residence, motor vehicle, or other real or personal property under the person’s control or possession.
    • Explicitly includes cellular or electronic devices.
    • Searches may be conducted “at any time, day or night, whenever requested” by the officer.
  • Standard for searches:
    • Searches must be conducted “in a reasonable manner” but do not require an articulable suspicion that the person is committing or has committed a criminal offense.
  • Administrative requirements:
    • Persons who will be subject to these supervision conditions must acknowledge and sign the waiver.
    • If a person refuses to sign the waiver, they are ineligible for supervised probation, suspended imposition of sentence, parole, or post‑release supervision.
  • Definition note:
    • “Residence” is defined to include a garage or outbuilding on the property of a residence.

Who Would Be Affected

  • Individuals in Arkansas who are being considered for or placed on supervised probation, suspended imposition of sentence, parole, or post‑release supervision.
  • Law enforcement and Division of Community Correction officers who would be authorized to conduct such warrantless searches.
  • Potentially families and residents of a person’s residence or occupants of vehicles and places where searches are authorized.

Potential Impact / Considerations

  • Expands executive authority to search persons and property without a warrant and without an articulable‑suspicion standard for a large class of people under community supervision.
  • Raises civil‑liberties and constitutional considerations (Fourth Amendment search and seizure protections as applied to persons under supervision; potential state constitutional issues); courts have permitted somewhat reduced privacy expectations for persons on probation/parole, but this bill eliminates the need for articulable suspicion when the waiver is required as a condition of release.
  • Could functionally condition access to community supervision alternatives on consenting to near‑unrestricted searches; refusal would foreclose eligibility for those community programs.

Procedural status (conflicting information)

  • Document header states: Status — Died In Committee.
  • Legislative actions listed in the same document include multiple and inconsistent entries (e.g., read/passed/enrolled, public hearings, and also “Died In Committee”), and also include lines that appear to be for an Illinois appropriation bill with the same bill number.
  • Because of these contradictions and the mixing of jurisdictional material, consult the official Arkansas General Assembly website (or the clerk’s office) for the authoritative record of HB 1979 (95th General Assembly, Regular Session, 2025) and companion SB 402.

Where to Verify / Next Steps

  • Check the Arkansas General Assembly bill tracker for 95th GA (2025) and search HB 1979 or SB 402.
  • Review committee reports, legal analyses, and any fiscal notes for constitutional/fiscal implications.
  • Monitor court decisions interpreting waiver‑based search provisions on community supervision for practical impact.

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

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