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HB 1765

TO AMEND THE LAW CONCERNING DOMESTIC BATTERING IN THE THIRD DEGREE; AND TO AMEND THE OFFENSE CLASSIFICATION ENHANCEMENT BASED ON PRIOR ACTS.

2025 Regular Session Introduced by Kendon Underwood

HB 1765 aimed to toughen penalties for repeat domestic violence offenders in Arkansas, enhancing protections for victims and impacting law enforcement and judicial systems.

Died in House Committee at Sine Die adjournment.
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Bill Summary · HB 1765

Summary of House Bill 1765 (HB 1765)

Purpose and Intent

House Bill 1765, introduced by Representative Underwood and Senator J. Bryant on March 12, 2025, aimed to amend existing laws concerning domestic battering in the third degree in Arkansas. The bill sought to enhance the classification of offenses based on prior acts of domestic violence, thereby potentially increasing penalties for repeat offenders.

Key Provisions

The main provisions of HB 1765 included:

  • Amendment to Classification: The bill proposed to modify Arkansas Code Annotated (A.C.A.) § 5-26-305, which defines domestic battering in the third degree. Under the proposed changes:

    • Domestic battering in the third degree would generally remain classified as a Class A misdemeanor.
    • However, it could be elevated to a Class D felony if:
    • The offense was committed against a woman who was known or reasonably believed to be pregnant.
    • The offender had committed one or more specified offenses (including various degrees of domestic battering and aggravated assault on a family member) within five years prior to the domestic battering incident.

  • Burden of Proof: The bill also stipulated that if the state could not prove a prior conviction for the listed offenses, it could still establish a classification enhancement by demonstrating the commission of such acts beyond a reasonable doubt during its case in chief.

Impact and Affected Parties

The impact of HB 1765 was difficult to quantify due to the uncertain number of occurrences of domestic battering offenses. According to the Administrative Office of the Courts, there were 41 felony convictions for domestic battering in the third degree from January 1, 2022, to December 31, 2024. Additionally, the Division of Correction reported 49 offenders currently serving sentences for this offense.

The proposed changes could have affected:
- Victims of Domestic Violence: By potentially increasing penalties for repeat offenders, the bill aimed to provide greater protection for victims.
- Law Enforcement and Judicial Systems: The bill could have increased the burden on these systems to handle more complex cases involving classification enhancements.

Procedural Aspects

  • Legislative Timeline:
    • Introduced: March 12, 2025
    • Committee Review: The bill was read for the first time, rules were suspended, and it was referred to the House Judiciary Committee.
    • Outcome: The bill died in the House Committee at Sine Die adjournment on May 5, 2025.

Conclusion

While HB 1765 aimed to strengthen the legal framework surrounding domestic battering in Arkansas, it ultimately did not progress beyond the committee stage. The proposed amendments reflected an effort to address domestic violence more rigorously, particularly concerning repeat offenders, but the potential impact on correctional resources and the judicial system remained uncertain.

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

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