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Republican Sponsorship
Criminal Justice

HB1542

To Prohibit Anonymous Reporting To The Child Abuse Hotline; To Amend Penalties And The Statute Of Limitations For Failure To Report Child Maltreatment; And To Amend The Law Regarding Who Is A Mandated Reporter.

Introduced

Last Action (March 2, 2023): WITHDRAWN BY AUTHOR

Sponsors

AI-Generated Summary

House Bill 1542 modifies the Child Maltreatment Act in Arkansas by expanding the definition of mandated reporters to include any person 18 years or older who observes child abuse, sexual abuse, or sexual exploitation. It introduces new penalties for these newly defined mandated reporters if they fail to report such observations, classifying the failure as a Class D felony or Class A misdemeanor depending on the circumstances. The bill provides a legal exception for individuals who are victims of domestic or sexual violence committed by the same offender they observed abusing a child. Furthermore, it significantly extends the statute of limitations for prosecuting mandated reporters who fail to notify authorities, setting it to 10 years after the victim turns 18. The bill also restricts the use of certain reporting methods and places requirements on the closure of investigations involving anonymous reports.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this legislation are children, as the bill aims to increase the number of individuals required to report suspected abuse and extends the window for legal accountability for failure to report. Law enforcement and child protection agencies also benefit from clarified legal standards and investigative procedures regarding the handling of child maltreatment reports.

Who Might Suffer?

Individuals who are 18 or older and encounter a situation involving potential child maltreatment are negatively impacted because they are now classified as mandated reporters, potentially subjecting them to criminal penalties (Class A misdemeanors or Class D felonies) for failing to report, even if they have no professional background in child welfare. Additionally, individuals wishing to provide tips via facsimile may face increased administrative hurdles, and the law increases the long-term legal liability for any adult who fails to report suspected abuse, regardless of their role or relationship to the child.

Read Full Bill on arkleg.state.ar.us