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SB312

To Amend The Period Of Limitations For When An Action For Paternity May Be Brought.

Passed

Last Action (April 12, 2023): Notification that SB312 is now Act 763

Sponsors

AI-Generated Summary

Senate Bill 312 amends Arkansas law regarding the establishment and disestablishment of paternity. It clarifies the definitions of acknowledged, adjudicated, and presumed fathers, as well as the presumed mother. The bill specifies that proceedings to adjudicate parentage may be commenced at any time, though individuals over 18 must initiate the proceedings themselves. It establishes clear criteria for disproving a father-child relationship, such as DNA test results showing a less than 95% probability of paternity or evidence of non-cohabitation and lack of public acknowledgment. The bill also outlines procedures for default paternity judgments based on a mother's affidavit of facts. Additionally, it provides a legal framework for transferring paternity cases between judicial districts and addresses how paternity determinations are handled within dependency-neglect cases under the Arkansas Juvenile Code.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals seeking legal clarity regarding their biological parentage, including children who may now initiate their own paternity actions after turning eighteen. Additionally, men who are incorrectly identified as legal fathers may benefit from the defined, evidence-based pathways to disestablish paternity using scientific testing or proof of non-cohabitation.

Who Might Suffer?

Individuals who are currently presumed to be fathers but may now face legal challenges to that status could be negatively impacted if their legal relationship to a child is terminated based on the new criteria. Mothers or custodial parents may also face increased legal complexity or the disruption of existing support arrangements if paternity is disestablished or challenged under the revised standards.

Vote Records

Third Reading

April 5, 2023
Yea: 58 Nay: 22 NV: 20 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House NV
Stephen Meeks Republican House Yea
Mark Perry Democrat House NV
Jon Eubanks Republican House NV
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Nay
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Deborah Ferguson Democrat House Nay
Charlene Fite Republican House Nay
Mike Holcomb Republican House NV
Stephen Magie Democrat House Nay
Mark McElroy Republican House Yea
Josh Miller Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House NV
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House NV
Ron Mcnair Republican House NV
Milton Nicks Democrat House NV
Marcus Richmond Republican House NV
Vivian Flowers Democrat House Nay
Deann Vaught Republican House Nay
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House NV
Frances Cavenaugh Republican House Nay
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Nay
Johnny Rye Republican House Yea
Les Warren Republican House NV
Danny Watson Republican House NV
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Nay
Steve Hollowell Republican House Yea
Brian Evans Republican House NV
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House NV
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson Democrat House NV
Jamie Scott Democrat House NV
Jim Wooten Republican House NV
Denise Ennett Democrat House Nay
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Nay
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Nay
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House NV
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Nay
Steve Unger Republican House Yea
Wayne Long Republican House NV
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Nay
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Nay
Trey Steimel Republican House Yea
Tara Shephard Democrat House Nay
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Nay
Brit McKenzie Republican House Yea
Steven Walker Republican House Nay

Third Reading

March 15, 2023
Yea: 31 Nay: 1 NV: 3 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate NV
Greg Leding Democrat Senate NV
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate NV
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us