An act TO AMEND THE LAW CONCERNING CERTAIN INCHOATE 10 OFFENSES RELATED TO FENTANYL, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 As Engrossed: S3/13/25
2 95th General Assembly
                                          A Bill

3 Regular Session, 2025                                            HOUSE BILL 1552

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5 By: Representative Gazaway

6 By: Senator Gilmore

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8                             For An Act To Be Entitled

9            AN ACT TO AMEND THE LAW CONCERNING CERTAIN INCHOATE

10           OFFENSES RELATED TO FENTANYL; TO ESTABLISH THE

11           CLASSIFICATION FOR A CRIMINAL ATTEMPT, SOLICITATION,

12           OR CONSPIRACY FOR CERTAIN FENTANYL RELATED OFFENSES;

13           AND FOR OTHER PURPOSES.

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16                                    Subtitle

17                       TO AMEND THE LAW CONCERNING CERTAIN

18                       INCHOATE OFFENSES RELATED TO FENTANYL;

19                       AND TO ESTABLISH THE CLASSIFICATION FOR

20                       A CRIMINAL ATTEMPT, SOLICITATION, OR

21                       CONSPIRACY FOR CERTAIN FENTANYL RELATED

22                       OFFENSES.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26     SECTION 1. Arkansas Code � 5-3-203(1), concerning criminal attempt

27 offenses that are classified as a Class Y felony, is amended to read as

28 follows:

29     (1) Class Y felony if the offense attempted is:

30                       (A) capital Capital murder, � 5-10-101;

31                       (B) Aggravated death by delivery, � 5-10-202;

32                       (C) Predatory marketing of fentanyl to minors, � 5-64-421;

33 or

34                       (D) Trafficking of fentanyl, � 5-64-440;

35

36     SECTION 2. Arkansas Code Annotated � 5-3-301(b), concerning the

    *CEB172*                                                      03-13-2025 14:04:29 CEB172
    As Engrossed: S3/13/25                                                HB1552

1 classification of criminal solicitation offenses, is amended to add an

2 additional subdivision to read as follows:

3       (9) Class Y felony if the offense solicited is:

4       (A) Aggravated death by delivery, � 5-10-202;

5       (B) Predatory marketing of fentanyl to minors, � 5-64-421;

6 or

7       (C) Trafficking of fentanyl, � 5-64-440.

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9       SECTION 3. Arkansas Code Annotated � 5-3-404, concerning the

10 classification of criminal conspiracy offenses, is amended to add an

11 additional subdivision to read as follows:

12      (8) Class Y felony if an object of the conspiracy is commission

13 of:

14      (A) Aggravated death by delivery, � 5-10-202;

15      (B) Predatory marketing of fentanyl to minors, � 5-64-421;

16 or

17      (C) Trafficking of fentanyl, � 5-64-440.

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19                          /s/Gazaway

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