Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1355
4
5 By: Representatives Gazaway, M. Shepherd
6 By: Senators C. Tucker, J. Bryant
7
8 For An Act To Be Entitled
9 AN ACT TO MAKE TECHNICAL CORRECTIONS TO TITLE 5 OF
10 THE ARKANSAS CODE CONCERNING CRIMINAL OFFENSES; AND
11 FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO MAKE TECHNICAL CORRECTIONS TO TITLE 5
16 OF THE ARKANSAS CODE CONCERNING CRIMINAL
17 OFFENSES.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 5-4-703(a)(8), concerning additional fines
22 for offenses committed against or in the presence of a child, is amended to
23 read as follows to remove a reference to an offense that does not exist:
24 (8) Sexual indecency with a child, � 5-14-110, if the offense is
25 a felony or Class A misdemeanor, indecent exposure, � 5-14-112, sexual
26 assault in the third degree, � 5-14-126, or sexual assault in the fourth
27 degree, � 5-14-127;
28
29 SECTION 2. Arkansas Code � 5-5-101(i), concerning disposition of
30 contraband and seized property, is amended to read as follows to clarify
31 references:
32 (i)(1) A law enforcement agency disposing of contraband or seized
33 property under this section shall maintain a written report that includes
34 without limitation:
35 (A) A list and description, including without limitation a
36 serial number, of all property disposed, traded for credit, or sold at
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1 auction;
2 (B) The dollar amount of any credit obtained by the law
3 enforcement agency and the contact information for the federally licensed
4 firearms dealer with which the credit is held;
5 (C) The dollar amount of any funds received at auction and
6 where the funds were deposited; and
7 (D) An explanation for any credit used, including without
8 limitation a description of items purchased with the credit and the dollar
9 amount of the purchase.
10 (2) The written report required under subdivision (i)(1) of this
11 section shall be provided:
12 (A) To the elected body that oversees the finances and
13 operations of the law enforcement agency; and
14 (B) Within thirty (30) days of:
15 (i) The date a firearm or item of contraband is
16 traded to a federally licensed firearms dealer by a law enforcement agency;
17 and
18 (ii) The date a credit with a federally licensed
19 firearms dealer is used by the law enforcement agency.
20
21 SECTION 3. Arkansas Code � 5-10-203(a), concerning death by delivery
22 in the first degree, is amended to read as follows to clarify a reference:
23 (a) A person commits the offense of death by delivery in the first
24 degree if:
25 (1) He or she knowingly delivers or conveys methamphetamine,
26 heroin, or cocaine to another person; and
27 (2) The injection, ingestion, inhalation, or other introduction
28 of the methamphetamine, heroin, or cocaine, including any adulterants or
29 diluents, is the cause of death of the other person.
30
31 SECTION 4. Arkansas Code � 5-10-204(a), concerning death by delivery
32 in the second degree, is amended to read as follows to clarify a reference:
33 (a) A person commits the offense of death by delivery in the second
34 degree if:
35 (1) He or she knowingly delivers or conveys to another person:
36 (A) A controlled substance that is not fentanyl,
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1 methamphetamine, heroin, or cocaine; or
2 (B) A counterfeit substance; and
3 (2) The injection, ingestion, inhalation, or other introduction
4 of the controlled substance or counterfeit substance, including any
5 adulterants or diluents, is the cause of death of the other person.
6
7 SECTION 5. Arkansas Code � 5-10-209 is amended to read as follows to
8 clarify a reference:
9 5-10-209. Factors considered when determining whether person possessed
10 controlled substance for personal use.
11 For purposes of this subchapter, possession of a controlled substance
12 or counterfeit substance for personal use may be demonstrated through the
13 consideration of certain factors, including without limitation:
14 (1) The person does not possess the means to weigh, separate, or
15 package the controlled substance or counterfeit substance
16 (2) The person does not possess a record indicating a drug-
17 related transaction;
18 (3) The controlled substance or counterfeit substance is not
19 separated or packaged in a manner to facilitate delivery or conveyance;
20 (4) The person does not possess a firearm that is in the
21 immediate physical control of the person at the time of the delivery or
22 conveyance of the controlled substance or counterfeit substance; and
23 (5) The person does not possess other controlled substances or
24 counterfeit substances at the time of the delivery or conveyance.
25
26 SECTION 6. Arkansas Code � 5-10-210 is amended to read as follows to
27 clarify a reference:
28 5-10-210. Accomplice liability.
29 An individual who is an accomplice under � 5-2-403 to the delivery or
30 conveyance in aggravated death by delivery, � 5-10-202, death by delivery in
31 the first degree, � 5-10-203, or death by delivery in the second degree, � 5-
32 10-204, is an accomplice for the purposes of this section an offense under
33 this subchapter.
34
35 SECTION 7. Arkansas Code � 5-29-202(3), concerning the definition of
36 "caregiver" under the Vulnerable Person Protection Act, is amended to read as
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1 follows to clarify a reference:
2 (3) "Caregiver" means a person who is not a healthcare provider
3 but has assumed the responsibility for the protection, care, or custody of a
4 vulnerable person including without limitation a non-healthcare employee of a
5 healthcare provider, a volunteer, a person with a power of attorney for the
6 vulnerable person, or a guardian;
7
8 SECTION 8. Arkansas Code � 5-74-109(j)(3)(A)(i), concerning civil
9 remedies for premises and real property used by criminal gangs,
10 organizations, or enterprises, or used by anyone in committing a continuing
11 series of violations, is amended to read as follows to clarify the recipient
12 of damages under a court order:
13 (3)(A)(i) If the court finds that a vacancy resulting from
14 closure of the building or place may create a nuisance or that closure is
15 otherwise harmful to the community, in lieu of ordering the building or place
16 closed, the court may order the person who is seeking to keep the premises
17 open to pay damages in an amount equal to the fair market rental value of the
18 building or place, for a period of time as determined appropriate by the
19 court, to the city attorney, prosecuting attorney, or the Attorney General.
20
21 SECTION 9. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT.
22 It is the intent of the General Assembly that:
23 (1) The enactment and adoption of this act shall not expressly
24 or impliedly repeal an act passed during the regular session of the Ninety-
25 Fifth General Assembly;
26 (2) To the extent that a conflict exists between an act of the
27 regular session of the Ninety-Fifth General Assembly and this act:
28 (A) The act of the regular session of the Ninety-Fifth
29 General Assembly shall be treated as a subsequent act passed by the General
30 Assembly for the purposes of:
31 (i) Giving the act of the regular session of the
32 Ninety-Fifth General Assembly its full force and effect; and
33 (ii) Amending or repealing the appropriate parts of
34 the Arkansas Code of 1987; and
35 (B) Section 1-2-107 shall not apply; and
36 (3) This act shall make only technical, not substantive, changes
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