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Criminal Justice

SB301

To Amend The Law Concerning Theft Of Property; To Create An Enhanced Penalty For Theft Of Cargo; And To Declare An Emergency.

Passed

Last Action (March 18, 2025): Notification that SB301 is now Act 322

Sponsors

AI-Generated Summary

Senate Bill 301 creates a new legal definition for 'cargo' within the context of Arkansas theft laws, specifically pertaining to commercial shipments of freight moving in commerce. The bill excludes direct-to-consumer goods from this definition. It establishes an enhanced penalty for the theft of such cargo, allowing for an additional prison sentence of up to ten years. This enhanced sentence must be served consecutively to any other sentence imposed for the theft. Additionally, individuals convicted under this provision are ineligible for earned release credits regarding the enhanced portion of their sentence. The bill mandates that prosecutors provide written notice to defendants if they intend to seek this enhanced penalty. Finally, the bill includes an emergency clause, meaning it would go into effect immediately upon becoming law to address the perceived increase in cargo-related theft.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include logistics and transportation companies, freight carriers, warehouse operators, and businesses involved in the supply chain that suffer financial losses due to cargo theft. By implementing stricter penalties, these entities may experience reduced insurance costs and lower rates of inventory loss. Additionally, the public may indirectly benefit if the increased penalties result in fewer disruptions to the supply chain and lower costs for consumer goods.

Who Might Suffer?

The individuals most directly and negatively impacted by this bill are those prosecuted for the theft of commercial cargo. Specifically, these individuals face significantly harsher sentencing outcomes, including up to ten additional years of mandatory incarceration, a requirement that the enhanced sentence be served consecutively to other penalties, and the loss of eligibility for earned release credits. Defense attorneys may also face increased complexity in navigating these mandatory sentencing enhancements for their clients.

Vote Records

Third Reading

March 12, 2025
Yea: 87 Nay: 2 NV: 11 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House NV
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House NV
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Richard Womack Republican House NV
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh 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 NV
Ron Mcnair Republican House Yea
Marcus Richmond Republican House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh 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
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 Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House NV
Tippi McCullough Democrat House NV
Jay Richardson Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House NV
Richard McGrew Republican House Yea
Joy Springer Democrat House NV
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes 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 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 NV
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House Yea
Lincoln Barnett Democrat House Nay
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House Yea
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House NV
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House NV

Third Reading

March 6, 2025
Yea: 28 Nay: 4 NV: 2 Absent: 1 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Jonathan Dismang Republican Senate Yea
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 Nay
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Absent
John Payton Republican Senate NV
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 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
Jamie Scott Democrat Senate Nay
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