TO ADD A FELONY OFFENSE THAT FALLS UNDER THE DEFINITION OF RESTRICTED RELEASE FELONY WITH RESPECT TO RELEASE ELIGIBILITY AND PROCEDURES FOR OFFENSES COMMITTED ON OR AFTER JANUARY 1, 2025.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

HB 1563 mandates that individuals convicted of knowingly exposing others to fentanyl serve at least 85% of their sentence before post-release supervision eligibility, enhancing public safety.

Notification that HB1563 is now Act 356

Bill Information

Bill Number: HB 1563

Title: To Add a Felony Offense that Falls Under the Definition of Restricted Release Felony with Respect to Release Eligibility and Procedures for Offenses Committed on or After January 1, 2025

Status: Now Act 356

Introduced: February 24, 2025

Sponsored by: Representative Gazaway

Purpose and Intent

The primary purpose of HB 1563 is to amend the Arkansas Code to include a new felony offense under the category of "restricted release felonies." This change specifically pertains to the offense of knowingly exposing another person to fentanyl in the first degree. The bill aims to adjust the release eligibility and procedures for individuals convicted of this offense, thereby increasing the time they must serve before being considered for post-release supervision.

Key Provisions

Addition to Restricted Release Felonies: The bill adds the offense of knowingly exposing another person to fentanyl in the first degree (A.C.A. § 5-13-214(b)) to the list of restricted release felonies.

Increased Incarceration Requirement: Under current law, individuals convicted of this offense must serve at least 50% of their sentence before being eligible for transfer to post-release supervision. HB 1563 changes this requirement to at least 85% of the sentence.

Effective Date: The provisions of this bill will apply to offenses committed on or after January 1, 2025.

Impact

Minimal Effect on Offenders: The impact assessment indicates that the bill will affect fewer than ten offenders per year, suggesting a minimal impact on correctional resources.

Current Convictions: Data from the Administrative Office of the Courts shows that there was only one conviction for this offense between January 1, 2022, and December 31, 2024. The Division of Correction reports no current offenders serving sentences for this specific offense.

Procedural Timeline

February 24, 2025: Bill filed and read for the first time.

March 6, 2025: Returned by the Judiciary Committee with a recommendation to pass.

March 10, 2025: Passed in the House and transmitted to the Senate.

March 12, 2025: Passed in the Senate and returned to the House.

March 17, 2025: Correctly enrolled and ordered transmitted to the Governor's Office.

March 20, 2025: Notification that HB 1563 is now Act 356.

Conclusion

HB 1563 represents a legislative effort to enhance the penalties associated with the offense of knowingly exposing another person to fentanyl, reflecting a growing concern over the dangers of fentanyl exposure. By increasing the time required to serve before eligibility for post-release supervision, the bill aims to address public safety and health issues related to drug exposure.

Bill