HB1678
To Authorize The Governor To Deny An Application For Pardon, Commutation Of Sentence, And Remission Of Fines And Forfeitures With Prejudice.
Last Action (April 12, 2023): Notification that HB1678 is now Act 742
Sponsors
AI-Generated Summary
House Bill 1678 amends existing Arkansas law regarding the application process for pardons, commutations of sentences, and the remission of fines and forfeitures. The primary change introduced by this bill is the authorization for the Governor to deny such applications 'with prejudice.' If an application is denied with prejudice, the applicant is prohibited from filing any subsequent applications for that same offense for the remainder of that specific Governor's term in office. This new provision is in addition to existing mandatory waiting periods required for re-application following a standard denial. The bill maintains existing procedures for notifying relevant legal authorities and victims, as well as provisions regarding automatic denials if the Governor fails to act within a specific timeframe.
Potential Impact Analysis
Who Might Benefit?
The primary entity that benefits from this bill is the Office of the Governor, as it gains increased discretionary authority and a new procedural tool to finalize decisions on clemency and pardon requests, effectively allowing the Governor to end the review process for specific applicants for the duration of their term.
Who Might Suffer?
Individuals seeking pardons, sentence commutations, or the remission of fines and forfeitures are the most negatively impacted, as they face the risk of being barred from reapplying for these forms of relief for a significant duration if the Governor chooses to issue a denial with prejudice. This limits the ability of such applicants to demonstrate changes in circumstances, new evidence, or rehabilitation efforts during that Governor's tenure.
Vote Records
Third Reading
April 6, 2023View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Linda Chesterfield | Democrat | Senate | NV |
| Jonathan Dismang | Republican | Senate | Yea |
| Greg Leding | Democrat | Senate | Nay |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Yea |
| Kim Hammer | Republican | Senate | Yea |
| Stephanie Flowers | Democrat | Senate | Absent |
| Frederick Love | Democrat | Senate | NV |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | NV |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | NV |
| John Payton | Republican | Senate | Yea |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Absent |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Yea |
| Dan Sullivan | Republican | Senate | Yea |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Nay |
| 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 |
Third Reading
April 3, 2023View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Fred Allen | Democrat | House | Nay |
| 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 | NV |
| Bruce Cozart | Republican | House | NV |
| David Whitaker | Democrat | House | Nay |
| Deborah Ferguson | Democrat | House | Nay |
| Charlene Fite | Republican | House | Yea |
| Mike Holcomb | Republican | House | NV |
| Stephen Magie | Democrat | House | Nay |
| Mark McElroy | Republican | House | Yea |
| Josh Miller | Republican | House | Yea |
| Richard Womack | Republican | House | Nay |
| 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 | Yea |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | NV |
| Ken Ferguson | Democrat | House | Nay |
| Ron Mcnair | Republican | House | NV |
| Milton Nicks | Democrat | House | Nay |
| Marcus Richmond | Republican | House | NV |
| Vivian Flowers | Democrat | House | Nay |
| 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 | Yea |
| 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 | Yea |
| Carol Dalby | Republican | House | Yea |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Nay |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | Yea |
| Nicole Clowney | Democrat | House | Nay |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Nay |
| Tippi McCullough | Democrat | House | Nay |
| Jay Richardson | Democrat | House | Nay |
| Jamie Scott | Democrat | House | Nay |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Nay |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Nay |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | NV |
| Kendon Underwood | Republican | House | Yea |
| 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 | Yea |
| Hope Duke | Republican | House | Yea |
| Zack Gramlich | Republican | House | Yea |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Yea |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | Yea |
| Jeremiah Moore | Republican | House | NV |
| 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 | Nay |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | Yea |
| Steven Walker | Republican | House | Yea |
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