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HB 1948

TO AMEND THE CONDITIONS UNDER WHICH THE OFFENSE OF NEGLIGENT HOMICIDE IS COMMITTED; AND TO REPEAL THE ABILITY OF A PROSECUTING ATTORNEY OR DEFENDANT TO SUBPOENA CERTAIN INDIVIDUALS BEFORE A HEARING OR TRIAL.

2025 Regular Session Introduced by Joey Carr and 1 co-sponsor

House Bill 1948 aimed to expand negligent homicide charges for impaired driving and limit subpoena powers in DUI cases, affecting prosecutions and legal rights.

Died in House Committee at Sine Die adjournment.
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Bill Summary · HB 1948

Summary of House Bill 1948

Bill Number: HB 1948
Introduced: April 1, 2025
Status: Died in House Committee at Sine Die adjournment
Primary Sponsors: Representative Joey Carr, Senator D. Wallace

Purpose and Intent

House Bill 1948 aimed to amend the legal framework surrounding the offense of negligent homicide in Arkansas, particularly in relation to incidents involving vehicles, aircraft, or watercraft. The bill sought to clarify the conditions under which negligent homicide is committed and to modify the process by which certain individuals could be subpoenaed in legal proceedings.

Key Provisions

Amendments to Negligent Homicide Definition

  • Negligent Homicide Conditions: The bill proposed to expand the conditions under which a person could be charged with negligent homicide. Specifically, it included:
    • Causing death while intoxicated (blood alcohol concentration of 0.08% or higher).
    • Causing death while passing a stopped school bus in violation of existing laws.
    • Causing death while fatigued.
    • Causing death while having any amount of a controlled substance (e.g., fentanyl, methamphetamine, heroin, cocaine) in their system.

Changes to Subpoena Powers

  • Repeal of Subpoena Rights: The bill proposed to repeal the ability of both prosecuting attorneys and defendants to subpoena certain individuals before a hearing or trial. This change would limit the ability to compel testimony from individuals involved in the calibration and operation of chemical analysis instruments used in DUI cases.

Definitions

  • The bill included a new definition for controlled substances relevant to the negligent homicide charge, specifically listing substances such as fentanyl, methamphetamine, heroin, and cocaine.

Impact

Who Would Be Affected

  • Individuals Charged with Negligent Homicide: The bill would have broadened the circumstances under which individuals could be charged with negligent homicide, potentially leading to more prosecutions in cases involving impaired or fatigued driving.
  • Legal Proceedings: The repeal of subpoena powers would have impacted the rights of defendants and prosecutors in DUI-related cases, potentially affecting the ability to present certain evidence in court.

Procedural Aspects

  • Legislative Timeline:
    • April 1, 2025: Bill filed and introduced.
    • April 2, 2025: Bill read for the first time, rules suspended, and referred to the House Judiciary Committee.
    • May 5, 2025: Bill died in the House Committee at Sine Die adjournment.

Conclusion

House Bill 1948 represented an effort to reform the legal standards surrounding negligent homicide in Arkansas, particularly in relation to impaired driving. However, the bill did not progress past the committee stage and ultimately did not become law.

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

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