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Bill Summary · HB 1431

Summary of House Bill 1431

Bill Number: HB 1431
Introduced: February 6, 2025
Status: Died in House Committee at Sine Die adjournment
Classification: Bill

Purpose and Intent

House Bill 1431 aimed to amend the definitions under the Domestic Abuse Act of 1991 in Arkansas. The primary intent of the bill was to clarify and expand the definitions of "domestic abuse" and "disturbing the peace," as well as to modify the conditions under which courts can issue protective orders.

Key Provisions

Amendments to Definitions

  1. Domestic Abuse: The bill proposed to redefine "domestic abuse" to include:

    • Physical harm or the threat of imminent physical harm between family or household members.
    • Any sexual conduct that constitutes a crime under state law.
    • A pattern of behavior categorized as "course of control" or "disturbing the peace."

  2. Disturbing the Peace: The definition of "disturbing the peace" was to be amended to:

    • Include a pattern of behavior that unreasonably disrupts the mental or emotional calm of a family or household member.
    • Specifically recognize "course of control" as a form of disturbing the peace.

Changes to Protective Orders

  • The bill sought to prohibit the issuance of ex parte orders (orders issued without the other party present) that would enjoin a party from engaging in "course of control" or "disturbing the peace." This change aimed to ensure that such orders could only be issued after a hearing where both parties could present their cases.

Impact

Who Would Be Affected?

  • Victims of Domestic Abuse: The bill's amendments were intended to provide clearer definitions that could potentially aid victims in seeking protection.
  • Judicial System: Courts would have had to adjust their procedures regarding the issuance of protective orders, particularly concerning ex parte orders.

Procedural Aspects

  • The bill was read for the first time on February 10, 2025, and was referred to the House Judiciary Committee. However, it ultimately died in committee on May 5, 2025, at the Sine Die adjournment, meaning it did not progress to a vote or further consideration.

Conclusion

While HB 1431 aimed to enhance the legal framework surrounding domestic abuse and protective orders in Arkansas, it did not advance past the committee stage. The proposed changes reflected an effort to clarify legal definitions and improve the processes for victims seeking protection from domestic abuse.

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

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