TO AMEND THE LAW CONCERNING HARASSMENT; AND TO INCLUDE THE USE OF A TRACKING DEVICE IN THE OFFENSE OF HARASSMENT.

2025 Regular Session Introduced by Nicole Clowney and 1 co-sponsor

Arkansas Act 600 criminalizes unauthorized tracking device use for harassment, enhancing privacy protections and clarifying legal boundaries for offenders.

Notification that HB1641 is now Act 600

Overview

House Bill 1641 (HB 1641) was introduced in the Arkansas General Assembly on March 3, 2025, with the intent to amend existing laws concerning harassment. The bill specifically aims to include the use of tracking devices as a form of harassment. As of April 14, 2025, HB 1641 has been enacted and is now known as Act 600.

Purpose and Intent

The primary purpose of HB 1641 is to enhance the legal framework surrounding harassment by explicitly defining and criminalizing the unauthorized use of tracking devices to monitor individuals without their consent. This amendment seeks to protect individuals from invasive behaviors that can lead to emotional distress and violation of privacy.

Key Provisions

The bill introduces several important changes to the Arkansas Code:

Definition of Tracking Device:

A new definition is added to Arkansas Code § 5-71-101, stating that a "tracking device" is any device that reveals the location or movement of a person through electronic signals.

Amendment to Harassment Offense:

Arkansas Code § 5-71-208(a) is amended to include:
- New Offense: Using a tracking device to determine the location or movement of a person without their consent, unless the user is a parent or legal guardian tracking a minor.
- Existing Offenses: The bill retains existing definitions of harassment, which include physical contact, use of obscene language, following someone in public, and placing someone under surveillance for the purpose of harassment.

Impact

Who is Affected:

The legislation impacts individuals who may be subjected to harassment through tracking devices, enhancing their legal protections.
It also affects individuals who may use tracking devices, clarifying the legal boundaries and consequences of such actions.

Legal Implications:

The bill provides law enforcement and the judicial system with clearer guidelines on prosecuting harassment cases involving tracking devices, potentially leading to increased accountability for offenders.

Legislative Timeline

March 3, 2025: HB 1641 is filed and introduced.

March 6, 2025: The bill is returned by the House Judiciary Committee with a recommendation to pass.

March 10, 2025: The bill passes the House and is transmitted to the Senate.

April 9, 2025: The bill passes the Senate and is returned to the House as passed.

April 14, 2025: Notification that HB 1641 is now Act 600.

Conclusion

HB 1641 represents a significant step in updating harassment laws in Arkansas by addressing modern concerns related to privacy and technology. By including tracking devices in the definition of harassment, the law aims to provide better protection for individuals against unwanted surveillance and harassment.

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