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AR HB1414
Bill
Status
4/27/2011
Primary Sponsor
Henry Wilkins
Click for details
AI Summary
HB1414 Summary
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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.
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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.
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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.
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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.
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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