A Bill Regular Session, 2011 SENATE BILL 254

Transcription

1 Stricken language would be deleted from and underlined language would be added to present law. Act of the Regular Session State of Arkansas th General Assembly A Bill Regular Session, 0 SENATE BILL By: Senators Madison, D. Johnson By: Representatives Williams, J. Edwards For An Act To Be Entitled AN ACT TO MAKE VARIOUS CORRECTIONS TO TITLE OF THE ARKANSAS CODE OF CONCERNING LAW ENFORCEMENT AND EMERGENCY MANAGEMENT; AND FOR OTHER PURPOSES. Subtitle TO MAKE VARIOUS CORRECTIONS TO TITLE OF THE ARKANSAS CODE OF CONCERNING LAW ENFORCEMENT AND EMERGENCY MANAGEMENT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION. Arkansas Code --0(c) is amended to read as follows to clarify its application: (c) The Director of the Department of Arkansas State Police shall promote promulgate such rules and regulations as are necessary for the efficient operation of the Department of Arkansas State Police and for the enforcement of such duties as are prescribed in this chapter. SECTION. Arkansas Code --0(a)()(A) is amended to read as follows to correct obsolete language: (A) The Arkansas State Police Commission shall comply with --0 [repealed] and --0 and --0 before acquiring any communications equipment authorized under this subchapter; and SECTION. Arkansas Code --0 is amended to read as follows to correct obsolete language and make stylistic changes: *MAG0* :0: MAG0

2 SB Employees. The Arkansas Commission on Law Enforcement Standards and Training is authorized to may employ such employees as are necessary to efficiently and effectively carry out the provisions of this subchapter and as may be authorized by biennial appropriations of the General Assembly. SECTION. Arkansas Code are repealed because they are obsolete and superseded by the Arkansas Rules of Criminal Procedure Discharge or further requirement of security. (a)() Upon the defendant appearing, the court shall examine the case, and either discharge the defendant or require security to keep the peace or for his or her good behavior for a period not exceeding one () year. In default of giving security, the court may commit the defendant to jail for a period to be fixed by the court, not exceeding three () months, unless he or she shall in the meantime give security. () Where a defendant is committed to jail for failure to give security as provided in subdivision (a)() of this section, the cause of commitment and the sum in which he or she is required to give security shall be stated in the written order of commitment, which shall be delivered to the jailer. (b) Where the proceedings are taken upon the complaint of the person threatened and the complainant fails to appear before the court or magistrate, the defendant shall be discharged. (c) Unless the court or magistrate is satisfied that there are reasonable grounds for believing that the defendant will commit an offense against the person or property of another, commit violence endangering human life, or an offense amounting to a felony, the defendant shall be discharged Security by recognizance. Where the security required in is given in court, it may be by a recognizance entered into in open court and entered upon the records by the clerk Security after commitment. Any magistrate or circuit judge may take the security required by of a defendant committed to jail for default of giving :0: MAG0

3 SB such security Breaches of bond. (a) The following are the breaches of the bond required in and this section: () The failure of the defendant to appear in the circuit court, where the bond requires such appearance, or departing therefrom before he or she is lawfully discharged; () A judicial conviction of the defendant of an offense involving a breach of the peace within the period specified in the bond; and () A judicial conviction of the defendant of a felony within the time specified in the bond, where the bond is for his or her good behavior. (b) The prosecuting attorney may proceed by action, in the name of the state, against the defendant and his or her security, upon a breach of the bond. SECTION. Arkansas Code --0 is amended to read as follows to remove obsolete language and clarify its application: --0. Drunken, insane, and disorderly persons. (a) It shall be the duty of all peace officers to arrest any insane or drunken person, whom they may find at large and not in the care of some discreet person, and take him or her before some magistrate of the county, city, or town in which the arrest is made. (b) It shall also be the duty of all peace officers to arrest any disorderly person, whom they may find creating a disturbance by noise or other disorder, and take him or her before some magistrate of the county, town, or city in which the arrest is made. (c)() If the arrests authorized in subsections (a) and (b) of this section are made during the night, the officer shall keep those arrested in confinement until the next morning. () In the case of an insane or drunken person, the officer may deliver him or her into the custody of some discreet person who will undertake to restrain and take care of him or her. () If the arrests are made in the local jurisdiction of a city court, the person arrested shall be taken before the judge of such court :0: MAG0

4 SB unless he or she is absent. (d)() Upon a drunken person being brought before a magistrate, the magistrate shall have the power to order the person to be confined until he or she becomes sober. () Upon a disorderly person being brought before a magistrate, the magistrate may require of him or her surety for his or her good behavior, and for keeping the peace for a period not exceeding one () year. On the failure of the disorderly person to give such security, the magistrate may commit him or her until he or she gives security, but in no event is the confinement to exceed thirty (0) days. A law enforcement officer shall arrest a drunken, insane, or disorderly person whom he or she finds at large and not in the care of a competent person. SECTION. Arkansas Code --0(f)() and () are amended to read as follows to correct obsolete references: () Sex offense means a sex offense as defined in former - -0(0); and: (A) Rape, --0; (B) Sexual indecency with a child, --0; (C) Sexual assault in the first degree, --; (D) Sexual assault in the second degree, --; (E) Sexual assault in the third degree, --; (F) Sexual assault in the fourth degree, --; (G) Incest, --0; (H) Engaging children in sexually explicit conduct for use in visual or print medium, --0; (I) Transportation of minors for prohibited sexual conduct, --0; (J) Employing or consenting to use of child in sexual performance, --0; (K) Producing, directing, or promoting sexual performance, --0; (L) Computer child pornography, --0; (M) Computer exploitation of a child in the first degree, --0(a); :0: MAG0

5 SB (N) Promoting prostitution in the first degree, -0-0; (O) Stalking, --; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(); or (Q) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(); and () Violent offense means a violent offense as defined in --0() [repealed].: (A) Murder, -0-0, -0-0, or -0-0; (B) Manslaughter, -0-0; (C) Kidnapping, --0; (D) False imprisonment in the first degree, --0; (E) Permanent detention or restraint, --0; (F) Robbery, --0; (G) Aggravated robbery, --0; (H) Battery in the first degree, --0; (I) Battery in the second degree, --0; (J) Aggravated assault, --0; (K) Terroristic threatening in the first degree, -- 0; (L) Domestic battering, ; (M) Aggravated assault on family or household member, - -0; (N) Engaging in a continuing criminal gang, organization, or enterprise, --0; (O) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (f)(); or (P) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (f)(). SECTION. Arkansas Code -- is amended to read as follows to clarify a criminal offense, correct a culpable mental state, and make stylistic changes: :0: MAG0

6 SB Release or disclosure to unauthorized person Penalty. Every A person who shall release or disclose knowingly releases or discloses any information authorized to be maintained and collected under this subchapter to another person known to lack who lacks authority to receive such the information and or any person who willfully knowingly obtains that information for purposes not specified by this subchapter shall be deemed upon conviction is guilty of a Class D felony. SECTION. Arkansas Code --(b)() is amended to read as follows to correct obsolete language and make stylistic changes: () The total amount which that is carried forward under the provisions of this section shall be reported in the budget manuals which that are presented to the Legislative Council and Joint Budget Committee during the presession budget hearings which are held in the fall of each evennumbered year. SECTION. Arkansas Code --(a) is amended to read as follows to remove obsolete language: (a) On July of each year the Arkansas Crime Information Center shall submit an annual report to the Legislative Council and the Commission on Disparity in Sentencing showing the number of persons arrested for each criminal offense classification, comparing the state and each individual reporting agency. SECTION 0. Arkansas Code --0(a) is amended to read as follows to correct obsolete language: (a) The State Medical Examiner and his or her assistants are authorized to may remove the pituitary gland during the course of an autopsy and donate the pituitary gland to the Arkansas Dwarf Association an appropriate organization. SECTION. Arkansas Code --0(c) is amended to read as follows to remove obsolete language: (c)()(a) (c)() The Arkansas Commission on Law Enforcement Standards and Training shall adopt an initial training module concerning diversity and racial sensitivity for recruits and officers :0: MAG0

7 SB (B)() The commission shall also adopt a training module for biennial recertification for all recruits and officers who have completed the initial training module. () An officer currently employed by any law enforcement agency shall be required to complete the initial training module described in subdivision (c)()(a) of this section before June 0, 00. SECTION. Arkansas Code --0() is amended to read as follows to clarify its application: () Volunteer means an individual who provides services involving contact with children, the elderly, victims of domestic abuse, or individuals with disabilities without an express or implied promise of compensation; and SECTION. Arkansas Code --0 is amended to read as follows to clarify its application: --0. Penalty. The following acts shall constitute are a Class A misdemeanor: () Knowingly releasing or disclosing criminal background history information to any unauthorized volunteer organization or person; or () Obtaining criminal history information for a purpose not authorized by this subchapter. SECTION. Arkansas Code --0(c)() is amended to read as follows to clarify a reference: () A form provided by the section identifying the amount of the drug crime special assessments shall be transmitted with the collected drug crime special assessments. SECTION. Arkansas Code --0() is amended to read as follows to clarify a definition, correct grammatical errors, and make stylistic changes: ()(A) Abandonment means the failure of a parent to: (A) Provide (i) The failure of a parent to provide reasonable support and to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the :0: MAG0

8 SB part of the parent to permit the condition to continue for an indefinite period in the future and or the failure of a parent to support or maintain regular contact with a child without just cause; or (B)(ii) An articulated intent to forego parental responsibility. (C)(B) Abandonment does not include acts or omissions of a parent toward a married minor; SECTION. Arkansas Code --0()(B) is amended to read as follows to clarify a definition: (B) However, nothing in this section shall permit normal affectionate hugging to be construed as sexual Sexual contact does not include normal affectionate hugging; SECTION. Arkansas Code --0(0)(A)(ii) is amended to read as follows to correct a grammatical error: (ii) Obscene photography; or SECTION. Arkansas Code --0 is amended to read as follows to clarify a reference: --0. Reports alleging that a child is dependent-neglected. The Child Abuse Hotline shall accept telephone calls or other communications alleging that a child is a dependent-neglected juvenile, as defined in --0(), and shall immediately refer this information to the Department of Human Services. SECTION. Arkansas Code --0() is amended to read as follows to clarify a reference: () The name of the person making the notification to the alleged juvenile offender, his or her title or position, and current contact information; and SECTION 0. The introductory language of Arkansas Code --00 is amended to read as follows to clarify its application: A county sheriff or chief of police may place a child in his or her custody in a Department of Human Services foster home if: :0: MAG0

9 SB SECTION. Arkansas Code --0 is amended to read as follows to clarify its application: --0. Information not to be released in a child near fatality. Concerning the near fatality of a child, the Department of Human Services shall not release: () Information on siblings of the child; () Attorney-client communications; or () Any information if release of such information would jeopardize a criminal investigation. SECTION. Arkansas Code --(b)() is amended to read as follows to correct grammatical errors and clarify its application: () Reasonable As determined by availability after meeting the needs of the inmate population, reasonable quantities, as determined by availability after meeting the needs of the inmate population, of items produced or processed by the farming operations of the department or purchased in bulk for processing shall be made available under this section. SECTION. Arkansas Code --0(b) is amended to read as follows to remove obsolete language: (b) The Director of the Department of Correction and the physician shall afford every facility to a clergy to visit a convict and to administer rites, ceremonies, and spiritual consolation not inconsistent to a convict within the rules of the prison to a convict. SECTION. Arkansas Code -0-0(b)()(B)(i) is amended to read as follows to clarify its application: (B)(i) All employees of the public offices, departments, institutions, school districts, and public agencies in of this state. SECTION. DO NOT CODIFY. The enactment and adoption of this act shall not repeal, expressly or impliedly, the acts passed at the regular session of the Eighty-Eighth General Assembly. All such acts shall have the full force and effect and, so far as those acts intentionally vary from or conflict with any provision contained in this act, those acts shall have the :0: MAG0

10 SB effect of subsequent acts and as amending or repealing the appropriate parts of the Arkansas Code of. APPROVED: 0/0/ :0: MAG0