AR SB1119

Enacts the Religious Freedom Restoration Act, establishing that Arkansas government entities cannot burden a person's free exercise of religion unless they demonstrate by clear and convincing evidence that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.

Defines "burden" to include direct and indirect burdens such as withholding benefits, assessing penalties, or exclusion from programs or access to facilities, and protects religious exercise guaranteed by the subchapter, Arkansas Constitution Article 2 §§ 24-26, and the First Amendment.

Allows persons whose religious exercise has been burdened by a government entity to assert the violation as a claim or defense in any judicial or administrative proceeding and permits courts to grant declaratory and injunctive relief.

Permits prevailing parties to recover reasonable costs and attorney's fees from government entities, while allowing courts to assess costs and attorney's fees against persons filing fraudulent or frivolous claims.

Exempts the Department of Correction, Department of Community Correction, Division of Youth Services, and any state, county, or local jail or correctional facility from the Act's protections, and requires persons to provide 60 days' written notice before bringing an action unless the governmental authority's burden is imminent.