RELATING TO EVICTION MEDIATION.

2025 Regular Session Introduced by Nadine Nakamura

House Bill 1433 enhances safety for domestic violence victims by requiring law enforcement to check for warrants and assist in serving protection orders effectively.

Carried over to 2026 Regular Session.

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Purpose and Intent

House Bill 1433 aims to enhance the enforcement of orders of protection in cases involving domestic violence. The bill mandates that law enforcement officers, when serving such orders, must also check for and serve any outstanding criminal warrants related to domestic violence offenses where the petitioner is the victim. This legislation seeks to improve the safety of individuals seeking protection from domestic violence by ensuring that law enforcement addresses any related criminal matters simultaneously.

Key Provisions

The bill includes several significant amendments to Arkansas Code § 9-15-208, which governs law enforcement assistance in executing orders of protection:

Law Enforcement Assistance:

Law enforcement officers are required to accompany petitioners to assist in executing orders of protection and retrieving personal belongings from residences.

Warrant Checks:

Officers must perform checks for active warrants against the individual being served with the order of protection before executing the service.

Court Notifications:

If a respondent appears in court and has an active warrant, the court is required to notify law enforcement to respond and serve the warrant.

Extradition Procedures:

The bill outlines procedures for handling warrants that originate outside the current jurisdiction, including contacting the issuing jurisdiction to confirm extradition.

Affected Parties

Petitioners: Individuals seeking protection from domestic violence will benefit from enhanced law enforcement support.

Respondents: Individuals against whom protection orders are issued may face additional legal consequences if they have outstanding warrants.

Law Enforcement: Officers will have new responsibilities regarding the enforcement of protection orders and warrant service.

Procedural Aspects and Timeline

Introduced: February 6, 2025

Amendments: The bill has undergone multiple amendments, with significant changes adopted on February 12, February 18, and April 7, 2025.

Legislative Progress:

The bill was reported from the Judiciary Committee and passed through various readings in both the House and Senate.
It was signed into law as Act 828 on April 17, 2025.

Conclusion

House Bill 1433 represents a proactive approach to addressing domestic violence by ensuring that law enforcement takes comprehensive action when serving protection orders. By mandating warrant checks and facilitating law enforcement assistance, the bill aims to provide greater safety and support for victims of domestic violence in Arkansas.

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