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Republican Sponsorship
Criminal Justice

HB1765

To Amend The Law Concerning Domestic Battering In The Third Degree; And To Amend The Offense Classification Enhancement Based On Prior Acts.

Failed

Last Action (May 5, 2025): Died in House Committee at Sine Die adjournment.

Sponsors

AI-Generated Summary

House Bill 1765 amends Arkansas law regarding domestic battering in the third degree. It modifies the criteria under which this offense is elevated from a Class A misdemeanor to a Class D felony. Specifically, the bill expands the enhancement conditions to include instances where an individual has committed prior acts listed as domestic violence offenses within the last five years, regardless of whether those acts resulted in a formal conviction. It allows the state to prove the commission of such prior acts beyond a reasonable doubt during the case in chief to establish this classification enhancement. The bill aims to increase the severity of penalties for repeat domestic battering offenders.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are victims of domestic violence and the broader public. By creating stricter penalties for individuals with a documented history of domestic abuse, the bill intends to provide greater legal protections for family and household members and potentially act as a deterrent against recidivism among domestic batterers.

Who Might Suffer?

Individuals accused of domestic battering in the third degree who have prior allegations or unconvicted prior acts of domestic violence within the last five years are negatively impacted. Because the bill allows for the elevation of a charge to a Class D felony based on proof of prior acts rather than strictly on prior convictions, these defendants may face more severe criminal charges and penalties based on evidence presented during their trial for the current offense.

Read Full Bill on arkleg.state.ar.us