HB1523 Summary

• Creates a new criminal provision (Arkansas Code § 5-4-110) allowing prosecutors to allege that a defendant committed a felony involving violence for the purpose of preventing a person from exercising a constitutional right, requiring a jury finding beyond reasonable doubt on this allegation.

• Defines "constitutional right" to include enumerated rights in the First, Second, Thirteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to the U.S. Constitution, plus specific articles and amendments in the Arkansas Constitution.

• Increases mandatory minimum sentences for felonies involving violence committed to prevent constitutional rights: Class A felonies minimum increases from 6 to 10 years; Class B from 5 to 6 years; Class C from 3 to 4 years; and Class D receives a 3-year minimum (previously had no minimum).

• Establishes a central data repository maintained by the Attorney General to collect, analyze, and disseminate information about civil rights criminal offenses, requiring quarterly reports from law enforcement agencies with suspect and victim demographic information.

• Requires the Attorney General to publish an annual report on December 1 of each year and deliver it to the Governor, Legislature leadership, and federal law enforcement officials including both U.S. Attorneys for Arkansas districts and the FBI.