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AR HB1414

Bill

Status

Failed

4/27/2011

Primary Sponsor

Henry Wilkins

Click for details

Origin

House of Representatives

88th General Assembly (2011 Regular)

AI Summary

HB1414 Summary

  • Amends Arkansas Code § 5-71-229 to modify stalking offenses by changing the mental state requirement from "purposely" to "knowingly" for first and second degree stalking charges.

  • Reduces stalking in the first degree from a Class B felony to a Class C felony, while maintaining stalking in the second degree as a Class C felony and stalking in the third degree as a Class A misdemeanor.

  • Creates Chapter 127 (Stalker Liability Act) in Arkansas Code Title 16 to establish civil liability for stalking, allowing victims to recover actual damages, punitive damages, reasonable attorney's fees, and court costs.

  • Permits civil lawsuits for stalking conduct regardless of whether criminal charges or convictions have been pursued, and establishes a one-year statute of limitations for filing civil claims.

  • Maintains existing no contact order provisions for all three degrees of stalking and clarifies that constitutionally protected activity is excluded from the definition of "course of conduct."

Legislative Description

Regarding The Offense Of Stalking And To Establish Civil Liability For Stalking.

Last Action

Senate Sine Die adjournment

4/27/2011

Committee Referrals

Judiciary3/14/2011
Judiciary2/15/2011

Full Bill Text

No bill text available