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Criminal Justice

SB366

Amending The Law Concerning Violent Felony Offenses For Purposes Of Parole; And To Clarify That Residential Burglary Is Considered A Violent Felony For Offenses Committed On Or After April 1, 2015.

Passed

Last Action (April 11, 2023): Notification that SB366 is now Act 683

Sponsors

AI-Generated Summary

Senate Bill 366 clarifies the definition of a violent felony offense for the purposes of parole eligibility in Arkansas. The bill explicitly defines residential burglary as a violent felony for offenses committed on or after April 1, 2015. It amends existing statute § 16-93-609 to ensure that individuals with prior convictions for violent felonies or sex offenses who commit a subsequent violent felony are ineligible for parole. The legislation includes legislative findings stating that the act is intended to apply only to the recalculation of parole eligibility and does not provide grounds for resentencing or new trials. It establishes specific criteria regarding when residential burglary is excluded from the classification of a violent felony in relation to sentencing dates. The primary objective is to restrict parole access for repeat offenders convicted of residential burglary.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are public safety initiatives and law enforcement agencies, as the bill increases the duration of incarceration for repeat residential burglary offenders by restricting their parole eligibility. Victims of residential burglary may also benefit from the increased certainty that repeat offenders will serve longer sentences without the possibility of early release.

Who Might Suffer?

Individuals currently incarcerated or those who may be convicted of residential burglary in the future are negatively impacted by this bill. Specifically, those who committed residential burglary on or after April 1, 2015, and have prior convictions for violent felonies or sex offenses will face stricter parole restrictions, effectively limiting their ability to seek release from prison.

Vote Records

Third Reading

April 5, 2023
Yea: 87 Nay: 6 NV: 7 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House Yea
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House NV
Richard Womack Republican House NV
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Nay
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House NV
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Nay
Carol Dalby Republican House Yea
Steve Hollowell Republican House NV
Brian Evans Republican House Yea
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 Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Nay
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Nay
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 Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House NV
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Nay
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
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 Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Nay
Steven Walker Republican House Yea

Third Reading

March 14, 2023
Yea: 20 Nay: 9 NV: 6 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Nay
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Nay
Bryan King Republican Senate NV
Kim Hammer Republican Senate Nay
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate NV
Reginald Murdock Democrat Senate NV
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Nay
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Nay
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate NV
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Nay
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate NV
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Nay
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Nay
Tyler Dees Republican Senate NV
Matt Stone Republican Senate Nay
Read Full Bill on arkleg.state.ar.us