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AR HB1789

Bill

Status

Failed

10/15/2021

Primary Sponsor

John Payton

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

HB 1789 Summary

  • Federal employees not designated as Arkansas peace officers must obtain written permission from the county sheriff before conducting arrests, searches, or seizures in the state, unless specific exemptions apply (federal enclaves, witnessing crimes, customs/immigration matters, targets with sheriff connections, or elected officials).

  • County sheriffs are designated as the senior and most authoritative law enforcement officers in their counties with primary duties to keep the peace and protect residents' liberties and security.

  • Federal employees may use memoranda of understanding with county sheriffs instead of obtaining written permission for each action, but must provide prior notification; memoranda expire at the end of each county sheriff's term.

  • Federal employees who violate these requirements may be prosecuted by the county prosecuting attorney for state law violations as if acting as private citizens, and crime victims may receive state benefits including Crime Victims Reparations Revolving Fund assistance.

  • Arkansas declares that any federal law granting federal employees county sheriff authority is not recognized and is invalid in the state, invoking the Tenth Amendment.

Legislative Description

To Provide For Jurisdictional Cooperation Regarding Arrests, Searches, And Seizures By Federal Employees.

Last Action

Died in House at Sine Die Adjournment

10/15/2021

Committee Referrals

State Agencies & Governmental Affairs4/13/2021
State Agencies and Governmental Affairs3/18/2021

Full Bill Text

No bill text available