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Bill

Bill

HB 1263

TO CREATE THE OFFENSE OF UNLAWFUL REMOVAL OR FAILURE TO CHARGE AN ELECTRONIC MONITORING DEVICE.

2025 Regular Session Introduced by Robin Lundstrum and 2 co-sponsors

Arkansas creates new criminal penalties for removing, tampering with, or failing to charge electronic monitoring devices used in criminal supervision.

Notification that HB1263 is now Act 109
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Bill Summary · HB 1263

Legislative bill overview

HB 1263 creates a new criminal offense in Arkansas for individuals who unlawfully remove or fail to properly charge electronic monitoring devices (ankle monitors or similar GPS/tracking equipment). The bill establishes penalties for tampering with or neglecting these devices that courts may impose on defendants as conditions of release or supervision.

Why is this important

Electronic monitoring has become a standard alternative to incarceration, allowing courts to supervise individuals in the community while reducing jail populations and costs. Creating specific penalties for device tampering or neglect strengthens enforcement of monitoring conditions and gives law enforcement and courts clearer authority to prosecute violations, potentially reducing the effectiveness of this supervision tool when abused.

Potential points of contention

  • Scope of enforcement: The bill's definition of "unlawful removal" and "failure to charge" may be interpreted broadly, potentially criminalizing accidental damage or honest technical malfunctions alongside intentional evasion
  • Additional criminal liability: Creates a new offense layered on top of existing bail violation or probation violation charges, which could result in compounded penalties for the same underlying conduct
  • Equity concerns: Individuals with mental health crises, cognitive disabilities, or those experiencing homelessness may face criminal charges for device-related issues beyond their reasonable control

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

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