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Criminal Justice

HB1979

An Act To Amend Arkansas Law To Allow Warrantless Searches By A Law Enforcement Officer Of A Person Placed On Suspended Imposition Of Sentence; And For Other Purposes.

Passed

Last Action (April 22, 2025): Notification that HB1979 is now Act 983

Sponsors

AI-Generated Summary

House Bill 1979 amends Arkansas law to mandate that individuals placed on a suspended imposition of sentence (SIS) must consent to warrantless searches as a condition of their supervision. This requirement previously applied to those on probation, parole, or post-release supervision, and this bill extends that scope to include those on an SIS. Under the proposed law, any certified law enforcement officer or Division of Community Correction officer may search the person, residence, vehicle, or electronic devices of an individual on SIS at any time, day or night. These searches do not require reasonable suspicion that a crime has been committed. Additionally, the bill mandates that individuals must sign a waiver acknowledging these search conditions; failure to sign renders the individual ineligible for suspended imposition of sentence, probation, parole, or post-release supervision.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are law enforcement agencies and the Division of Community Correction, as the bill grants them expanded authority to conduct searches without the need for reasonable suspicion or a warrant. This change is intended to streamline the monitoring of individuals under supervision and potentially assist in the detection of illicit activities or probation violations.

Who Might Suffer?

Individuals placed on a suspended imposition of sentence are the group most directly impacted, as they forfeit their Fourth Amendment protections against unreasonable searches and seizures as a condition of their sentence. Civil liberties advocates may also argue that this legislation negatively impacts constitutional privacy rights by allowing broad, suspicionless surveillance of a specific population.

Vote Records

Third Reading

April 16, 2025
Yea: 30 Nay: 3 NV: 2 Absent: 0 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 Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
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 Nay
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 Nay
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate NV
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 9, 2025
Yea: 84 Nay: 3 NV: 13 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House Yea
Lane Jean Republican House NV
Stephen Meeks Republican House NV
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Nay
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 Yea
Jack Ladyman Republican House NV
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 NV
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 NV
Cindy Crawford Republican House NV
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House NV
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
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 NV
RJ Hawk Republican House Yea
Wade Andrews Republican House NV
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House NV
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 Nay
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 Yea
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House NV
Read Full Bill on arkleg.state.ar.us