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AR HB1059

Bill

Status

Passed

3/17/2017

Primary Sponsor

Douglas House

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Creates new criminal offense of violation of a military order of protection when a service member receives notice of and knowingly violates such an order issued by a commanding general, military judge, or special courts-martial convening authority.

  • Allows law enforcement officers to arrest and take into custody without a warrant any person with probable cause to believe they are subject to a military order of protection and have violated its terms, even if violation did not occur in officer's presence.

  • Requires law enforcement agencies to notify the Arkansas National Guard Adjutant General's office within 24 hours if a service member is in custody for military order of protection violations; National Guard must assume custody within 48 hours or service member must be released.

  • Defines "military order of protection" as an official command against a service member to prevent violent or threatening acts against specified persons including spouses, family members, cohabitants, dating partners, or those alleging sexual misconduct.

  • Provides that military orders of protection receive full faith and credit and must be enforced by Arkansas law enforcement as if issued in the state; clarifies that prosecution for violation does not prevent military commanders from pursuing separate disciplinary action.

Legislative Description

To Amend The Law Concerning The Offense Of Violation Of An Order Of Protection; And To Criminalize The Violation Of A Military Order Of Protection.

Last Action

Notification that HB1059 is now Act 515

3/17/2017

Committee Referrals

Judiciary3/2/2017
Aging, Children and Youth, Legislative and Military Affairs1/9/2017

Full Bill Text

No bill text available