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Democrat Sponsorship
Criminal Justice

SB459

To Amend The Minimum Age Necessary To Adjudicate A Juvenile Delinquent.

Failed

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

Sponsors

AI-Generated Summary

Senate Bill 459 amends the Arkansas Juvenile Code to establish a minimum age of ten years for a person to be adjudicated as a delinquent juvenile. The bill identifies that children under ten lack the necessary intellectual capacity and maturity to form criminal intent or fully grasp the consequences of their actions. Under the new provisions, if a child who is nine years of age or younger causes the death of another person, they cannot be labeled a delinquent juvenile. Instead, such children must be adjudicated as a juvenile in a family in need of services (FINS) matter. This shift ensures that these children are subject to court-supervised services and age-appropriate treatment rather than traditional criminal prosecution. The legislation aligns Arkansas with several other states that have established a ten-year minimum age for delinquency adjudication.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are children under the age of ten who exhibit behavior that would otherwise lead to a delinquency charge. By shifting the legal framework from juvenile delinquency to family-in-need-of-services proceedings, these children may receive rehabilitation, mental health services, and court supervision tailored to their developmental stage rather than being processed through the juvenile justice system. Additionally, the child's family may benefit from court-mandated services intended to address behavioral issues in a therapeutic, rather than punitive, environment.

Who Might Suffer?

The bill could be viewed as negatively impacting victims of crimes committed by children under the age of ten, as the shift from delinquency adjudication to a family-in-need-of-services matter restricts the state's ability to pursue traditional criminal or juvenile justice penalties. Prosecution offices and law enforcement agencies may also face challenges in managing cases involving severe harm or death when traditional delinquency procedures are no longer applicable. Furthermore, some members of the public might perceive this change as a reduction in accountability for serious offenses involving young children.

Vote Records

Third Reading

March 31, 2025
Yea: 34 Nay: 0 NV: 0 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 Yea
Missy Irvin Republican Senate Absent
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
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 Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Jamie Scott Democrat 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
Read Full Bill on arkleg.state.ar.us