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Bill Summary · HB 1263

Summary of House Bill 1263 (HB 1263)

Purpose and Intent

House Bill 1263 (HB 1263) aims to establish a new offense related to the unlawful removal or failure to charge an electronic monitoring device. This legislation is part of broader efforts to enhance accountability and compliance among individuals under supervision, such as those on probation or parole, by ensuring that electronic monitoring devices are properly maintained and utilized.

Key Provisions

The bill introduces several important provisions:

  1. Definition of Terms:

    • Electronic Monitoring Device: An approved device that tracks a person's location and meets Federal Communications Commission regulations.
    • Pending Charge: A charge resulting from an arrest or citation that has not yet been resolved.

  2. Offense Description:

    • A person commits the offense of unlawful removal or failure to charge an electronic monitoring device if:
      • They knowingly remove the device from their body.
      • They fail to charge the device, preventing it from tracking their location.

  3. Defense Against Prosecution:

    • A defendant may argue that the removal or failure to charge the device was due to an emergency or unforeseen circumstance and that their actions were reasonable under the circumstances.

  4. Classification of Offense:

    • The offense is classified as a Class A misdemeanor.

  5. Restitution Requirement:

    • Upon conviction, the defendant must pay restitution for any damage, loss, or destruction of the electronic monitoring device.

Impact

  • Individuals Affected: This bill primarily impacts individuals who are under probation, parole, or awaiting trial and are required to wear electronic monitoring devices.
  • Corrections System: The bill is expected to strengthen the enforcement of monitoring conditions, thereby enhancing public safety and compliance within the corrections system.

Legislative Timeline

  • Introduced: January 27, 2025
  • Reported from PBS: February 6, 2025
  • Passed Second Reading: February 10, 2025
  • Passed Third Reading: February 13, 2025
  • Enacted: February 18, 2025, as Act 109

Conclusion

HB 1263 represents a significant step in addressing the management of electronic monitoring devices within the Arkansas corrections system. By establishing clear penalties for non-compliance, the bill aims to enhance the effectiveness of electronic monitoring as a tool for rehabilitation and public safety.

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

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