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HB 1865

TO CREATE AN ENHANCED PENALTY FOR CERTAIN OFFENSES AGAINST A CHILD.

2025 Regular Session Introduced by Lincoln Barnett and 12 co-sponsors

HB 1865 enforces tougher penalties for adults in authority who commit felonies against children, ensuring harsher consequences to better protect minors in Arkansas.

Notification that HB1865 is now Act 976
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Bill Summary · HB 1865

Summary of House Bill 1865: Enhanced Penalty for Certain Offenses Against a Child

Bill Number: HB 1865
Status: Now Act 976
Introduced: March 20, 2025
Amendments: S1 and S2 adopted

Purpose and Intent

House Bill 1865 aims to establish enhanced penalties for specific felony offenses committed against children. The bill recognizes the need for stricter consequences for individuals in positions of trust or authority who exploit or harm minors, thereby reinforcing the protection of children within the state of Arkansas.

Key Provisions

The bill amends the Arkansas Code Title 5, Chapter 4, Subchapter 7, by adding a new section (5-4-708) that outlines the following:

  1. Eligibility for Enhanced Penalties:

    • Applies to individuals aged 18 or older who commit certain felony offenses against a child while being in a position of trust or authority over that child.

  2. Applicable Offenses:

    • The enhanced penalties apply to the following felony offenses:
      • Homicide (§ 5-10-101 et seq.)
      • Kidnapping and related offenses (§ 5-11-101 et seq.)
      • Sexual offenses (§ 5-14-101 et seq.)
      • Voyeurism offenses (§ 5-16-101 et seq.)
      • Human Trafficking Act of 2013 (§ 5-18-101 et seq.)
      • Arkansas Protection of Children Against Exploitation Act of 1979 (§ 5-27-301 et seq.)
      • Use of children in sexual performances (§ 5-27-401 et seq.)
      • Computer crimes against minors (§ 5-27-601 et seq.)

  3. Enhanced Penalty Terms:

    • The bill specifies minimum terms of imprisonment for enhanced penalties based on the classification of the felony:
      • Class Y felony: 30 years
      • Class A felony: 15 years
      • Class B felony: 10 years
      • Class C felony: 5 years
      • Class D felony: 1 year

  4. Indictment Requirements:

    • If an enhanced penalty is sought, the indictment must include:
      • A statement indicating that an enhanced penalty is being pursued.
      • Allegations supporting the imposition of the enhanced penalty.

Impact

This legislation is expected to significantly impact the prosecution of crimes against children in Arkansas by:
- Increasing the severity of penalties for offenders in positions of trust, thereby acting as a deterrent against such crimes.
- Providing law enforcement and prosecutors with clearer guidelines for pursuing enhanced penalties, ensuring that offenders face appropriate consequences for their actions.

Procedural Timeline

  • March 20, 2025: Bill filed.
  • April 1, 2025: Returned by the Committee with a recommendation to pass.
  • April 8, 2025: Amendments S1 and S2 adopted.
  • April 14, 2025: Bill passed by the Senate and returned to the House.
  • April 22, 2025: Notification that HB 1865 is now Act 976.

This summary provides a comprehensive overview of HB 1865, detailing its purpose, key provisions, and the expected impact on child protection laws in Arkansas.

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

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