Legislation
Summary of Legislation- 88th General Assembly
Child Abuse Legislative Summary
SB323 (Act 985) Sen. P. Malone, et al - Requires school boards to review acts after each session and update school policies when a law regarding child abuse is amended or added. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act985.pdf
SB326 (Act 784) Sen. P. Malone, et al - Adds ‘school counselor’ to the list of mandated reporters who may get calls accepted by the Hotline regarding “injury to a child’s intellectual, emotional, or psychological development. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act784.pdf
SB527 (Act 1236) Sen. J. Dismang - Requires school districts to provide child maltreatment in-service to licensed school personnel within 12 months of licensure and renewal. ACCARDV shall approve the curriculum. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1236.pdf
SB625 (Act 591) Sen. Madison, Rep. Powers - Concerning DCFS, relative placement. Adds ‘juvenile’s siblings or step-siblings’ to minors who may be placed with a juvenile in a provisional foster home with the juvenile’s relatives. Also includes other provisions. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act591.pdf
SB626 (Act 792) Sen. Madison, Rep. Powers - Amends the definitions of ‘abuse’, ‘sexual abuse’, ‘temporary custody’ and ‘permanent custody’. Also includes other provisions. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act792.pdf
SB702 (Act 1139) Sen. Luker - To assure due process and provide administrative simplification in DHS adjudications. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1139.pdf
SB733 (Act 1143) Sen. Madison, Rep. Powers - Amends the Child Maltreatment Act, including the addition of Crimes Against Children Division employees to the list of mandated reporters and increasing the age of underage juvenile offender to 13. Also includes other provisions. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1143.pdf
SB791 (Act 1149) Sen. P. Malone - Extends the Legislative Task Force on Abused and Neglected Children until June 2013. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1149.pdf
HB1578 (Act 613) Rep. Summers, Sen. Salmon - Allows DCFS, CACD and local law enforcement to prohibit schools from notifying parents if a student is interviewed at school during a maltreatment investigation if the parent or guardian is named as an alleged offender. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act613.pdf
HB1975 (Act 1181) Rep. Harris - Requires criminal background checks for employees of private businesses that provide short-term child care for patrons. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1181.pdf
HB2094 (Act 1190) Rep. Shepherd - Amends the definition of ‘child’ in certain child exploitation statutes, to define ‘child’ as any person under 18 years of age. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1190.pdf
SB320 (Act 1127) Sen. P. Malone, et al – Extends the statute of limitations on sexual offenses to 28 years of age http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1127.pdf
SB321 (Act 984) Sen. P. Malone, et al – Allows school boards to authorize volunteer parental monitors on school buses within their district for the purpose of protecting children from abusive behavior http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act984.pdf
SB328 (Act 1128) Sen. P. Malone, et al- Ensures that women who give birth in hospitals or free-standing birthing clinics receive information on Shaken Baby Syndrome (Abusive Head Trauma) before being discharged http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1128.pdf
Children’s Safety Centers Legislative Summary
SB 318 (Act 1126) Sen. P. Malone, et al – Creates criminal penalties for disclosure of records of a Children’s Advocacy Center (CAC) http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1126.pdf
SB319 (Act 783) Sen. P. Malone, et al –Limits forensic interviews, forensic medical examinations, and forensic mental health examinations of allegedly abused children to CACs when “available and appropriate” http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act783.pdf
2011 Sexual Assault legislation
SB 214, now Act 905 Sponser: Senator Chesterfield – AN
ACT TO ESTABLISH THE CRIME OF CYBERBULLYING
This act established the crime of cyberbullying and is a Class B misdemeanor. Cyberbullying occurs if there is any electronic communication with the purpose to frighten, coerce, intimidate, threaten abuse, harass, or alarm another person and is in conjunction with severe, repeated, or hostile behavior toward the other person.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act905.pdf
SB 138, now Act 166 Sponser: Senator Key - AN ACT TO PROVIDE A FRAMEWORK FOR AFTERSCHOOL PROGRAMS THATPROMOTE POSITIVE YOUTH DEVELOPMENT; TO ESTABLISH THE POSITIVE YOUTH DEVELOPMENT GRANT PROGRAM; AND FOR OTHER PURPOSES
This act establishes the Positive Youth Development Program Grant which seeks to provide a developmentally appropriate learning experience that helps children and youth ages five to nineteen develop educational, social, emotional, and physical skills during out of school time.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act166.pdf
Act 64 (HB1007). To require sex offenders to verify registration in person at a local law enforcement agency and to require electronic filing of the verification.
This act requires that sex offenders shall be responsible for verifying registration with local law enforcement. The verification shall be done in person and the local law enforcement agency shall file the verification electronically with the Arkansas Crime Information Center. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act64.pdf
Act 100 (HB1009). Provide for public notification of sex offenders registered in another state. This act allows for local law enforcement having jurisdiction to immediately perform public notification when they determine a person registered as a sex offender in another state, who has been assessed as the equivalent of a Level 3 or higher, becomes or intends to become a resident of this state. This act allows local law enforcement to make the determination of whether a person has been assessed at a Level 3 or higher and sets guidelines for them to do so. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act100.pdf
Act 812 (HB1015). To mandate an additional fine for any person convicted of a felony sex offense. This act amends current code, that all persons convicted of sex offenses shall be given an additional fine, removing the exception for hardship. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act812.pdf
Act 143 (HB1278). Regarding sex offender verification, email addresses, and internet identities. This act amends current law regarding information registered sex offenders report to law enforcement to include all email addresses, all user names, screen names or instant message names that are used by the sex offender to communicate in real time with another person using the internet. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act143.pdf
Act 344 (HB1368). Concerning visitation rights with a minor child for a parent listed on the sex offender registry. This act amends current code that allows parents of any minor child in a circuit court case to petition the court, adding these checks can be done for custody and visitation determination purposes and can include a check of the Sex Offender Registry. Further, this act includes a rebuttable presumption that supervised visitation, if any, with a parent listed on the registry is in the best interest of the minor child. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act344.pdf
Act 1023 (HB1415). Regarding the prohibition against a sex offender working with children. This act says that a sex offender that has been assessed as Level 3 or 4 offender cannot knowingly accept work as a self-employed person or independent contractor where the work is to be performed at a private daycare facility when the private owned daycare facility has in its care a child. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1023.pdf
Act 816 (HB1504). To prohibit a level 3 or level 4 sex offender from being at a water park owned or operated by a local government and to declare an emergency. This act prohibits Level 3 and Level 4 sex offenders from knowingly entering a water park owned or operated by a local government. Violation of this law is a Class D felony. Emergency clause. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act816.pdf
Act 699 (HB1563). An act to amend Juli's law; to require that a DNA sample be taken from a person arrested for rape and to declare an emergency. Juli’s Law allows law enforcement to take a DNA sample of a person arrested for the offense of rape. Previously, law enforcement could take DNA samples from persons arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree and second degree. Emergency clause. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act699.pdf
Act 1186 (HB2056). To require HIV testing for all defendants charged with certain sex offenses. This act provides that the prosecuting attorney shall be notified of any human immunodeficiency virus (HIV) testing done, be given a copy of the test and notify the victim, his or her parent(s) or guardian(s) if the victim is a minor, and the defendant of the results of the HIV test as soon as practicable. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1186.pdf
Act 1009 (SB810). Concerning the registration of sex offenders; to require registration payments to be made. This law mandates that sex offenders required to register outside of Arkansas shall have 90 days from date of registration to pay a $250 fine to the DNA Detection fund or they can be charged with a Class A misdemeanor. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1009.pdf
Act 1129 (SB329). An act to include school principals, athletic coaches, and counselors among persons who are guilty of sexual assault in the second degree for sexual contact with a student less than twenty-one (21) years of age. This act amends current code concerning persons who commit sexual assault in the 2nd degree by adding principals, athletic coaches and counselors to the list of persons who can be charged with this crime. http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1129.pdf
2011 Domestic Violence Legislation – New Acts
HB 2001/Act 1049 – An Act regarding the care of pets under the domestic abuse act. This Act amends § 9-15-205 by listing new relief that the court may provide in an order of protection. An order may now include language that directs the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1049.pdf
HB 2198/Act 1199 – An Act to require a law enforcement officer to complete continuing education and training relating to persons with disabilities in a law enforcement context. This Act states that as part of certification requirements of the Arkansas Commission on Law Enforcement Standards and Training, all law enforcement officers shall complete a minimum of six hours yearly on training related to persons with disabilities in a law enforcement context.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1199.pdf
SB 751/Act 1004 – An Act to provide for adult abuse and domestic violence reporting. This Act amends Arkansas Code Title 12, Chapter 12, Subchapter 1. The Act states that a health care provider may report to a law enforcement agency an injury to an adult that they believe may be due to domestic violence. This report may be made if the injured adult agrees to the disclosure or if the health care provider feels the report is necessary to prevent serious harm to the adult. The injured adult must be informed of the report and the health care provider is immune from criminal or civil liability for making or deciding not to make the report.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act1004.pdf
SB 1000/Act 810 – An Act to amend the laws regarding the violation of orders of protection. This Act amends § 5-53-134 regarding affirmative defenses for violating an order of protection. This Act states that it is an affirmative defense to a prosecution under this section if the petitioner invited the defendant to come to the petitioner’s residence or place of employment listed in the order or knew that the defendant’s presence would be in violation of the order of protection.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Acts/Act810.pdf