TO AMEND THE LAW CONCERNING AN EXTENDED POST-CONVICTION NO CONTACT ORDER; AND TO ADD SEXUAL ASSAULT IN THE SECOND DEGREE TO THE OFFENSES FOR WHICH A COURT MAY ISSUE AN EXTENDED POST-CONVICTION NO CONTACT ORDER.

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

Act 367 allows extended no contact orders for sexual assault in the second degree, enhancing victim protection and holding offenders accountable in Arkansas.

Notification that HB1628 is now Act 367

Purpose and Intent

House Bill 1628, now known as Act 367, aims to amend existing laws regarding extended post-conviction no contact orders in the state of Arkansas. The primary intent of this legislation is to enhance the legal framework surrounding no contact orders by including sexual assault in the second degree as one of the offenses for which such orders can be issued. This change is designed to provide additional protections for victims of sexual assault and to ensure that individuals convicted of serious offenses are restricted from contacting their victims post-conviction.

Key Provisions

The bill modifies Arkansas Code § 5-4-106(b) to include the following provisions:

Addition of Sexual Assault in the Second Degree: The law now explicitly allows courts to issue extended post-conviction no contact orders for individuals convicted of sexual assault in the second degree, alongside other serious offenses.

List of Offenses: The updated list of offenses for which a court may issue an extended no contact order includes:

Capital murder
Murder in the first degree
Murder in the second degree
Kidnapping
Battery in the first degree
Battery in the second degree
Rape
Sexual assault in the first degree
Sexual assault in the second degree (newly added)
Domestic battering in the first degree
Domestic battering in the second degree
Aggravated assault upon a law enforcement officer or an employee of a correctional facility (if a Class Y felony)

Affected Parties

This legislation primarily affects:
- Victims of Sexual Assault: By allowing courts to issue no contact orders against offenders, the bill aims to enhance the safety and protection of victims.
- Convicted Offenders: Individuals convicted of the specified offenses will face restrictions that prevent them from contacting their victims, thereby reinforcing accountability and victim safety.

Procedural Timeline

Introduced: February 27, 2025

Passed: The bill passed through various legislative stages, including:

March 6, 2025: Returned by the Committee with a recommendation to pass.
March 10, 2025: Read and passed in the House, then transmitted to the Senate.
March 17, 2025: Passed in the Senate and returned to the House.
March 20, 2025: Official notification that HB 1628 is now Act 367.

Conclusion

House Bill 1628 represents a significant step in strengthening legal protections for victims of sexual assault and other serious crimes in Arkansas. By expanding the scope of offenses that warrant extended post-conviction no contact orders, the legislation aims to enhance victim safety and ensure that offenders are held accountable for their actions.

Bill