AR HB1239

Amends Arkansas Code § 16-93-106 to expand the definition of "residence" to include garages and outbuildings on the property of a probationer's or parolee's residence for purposes of warrantless searches.

Probationers and parolees must agree to a waiver as a condition of supervised probation or parole that permits certified law enforcement officers or Department of Community Correction officers to conduct warrantless searches of their person, place of residence, or motor vehicle at any time without articulable suspicion of criminal activity.

Warrantless searches must be conducted in a reasonable manner but do not require probable cause or suspicion that the person is committing or has committed a criminal offense.

Individuals who fail to acknowledge and sign the required waiver are ineligible to be placed on supervised probation or parole.

Approved February 13, 2019.