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AR SB4
Bill
Status
5/29/2015
Primary Sponsor
David Johnson
Click for details
AI Summary
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Establishes that driving while intoxicated, underage driving under the influence, driving or boating while intoxicated, and driving or boating under the influence while underage are strict liability offenses requiring no culpable mental state to be proven.
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Amends Arkansas Code § 5-2-204 to add strict liability offenses as an exception to the culpable mental state requirement, allowing offenses to be prosecuted without proving intent or recklessness.
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Responds to the Arkansas Supreme Court's ruling in Leeka v. State (2015 Ark. 183) that the state must prove a culpable mental state in driving while intoxicated prosecutions.
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Applies retroactively to current DWI and underage DUI offenses (effective immediately upon approval) and prospectively to combined boating and driving offenses created by Acts 2015, No. 299 (effective July 22, 2015).
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Declares an emergency to allow Sections 2, 3, and 5 to take effect immediately upon gubernatorial approval, with Sections 4 and 6 effective July 22, 2015.
Legislative Description
Concerning The Offenses Of Driving While Intoxicated, Underage Driving Under The Influence, Driving Or Boating While Intoxicated, And Driving Or Boating Under The Influence While Underage; And To Declare An Emergency.
Last Action
Notification that SB4 is now Act 6
5/29/2015