An act TO AMEND THE LAW CONCERNING CAPITAL MURDER, 10 MURDER IN THE FIRST DEGREE, AND MANSLAUGHTER, the official text

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

1 State of Arkansas           As Engrossed: H3/19/25
2 95th General Assembly
                                    A Bill

3 Regular Session, 2025                                             HOUSE BILL 1630

4

5 By: Representative Gazaway

6 By: Senator Gilmore

7

8                             For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING CAPITAL MURDER,

10  MURDER IN THE FIRST DEGREE, AND MANSLAUGHTER; TO ADD

11  A MISDEMEANOR CONTROLLED SUBSTANCE OFFENSE TO THE

12  PREDICATE OFFENSES FOR CAPITAL MURDER, MURDER IN THE

13  FIRST DEGREE, AND MANSLAUGHTER; AND FOR OTHER

14  PURPOSES.

15

16

17                            Subtitle

18                       TO ADD A MISDEMEANOR CONTROLLED

19                       SUBSTANCE OFFENSE TO THE PREDICATE

20                       OFFENSES FOR CAPITAL MURDER, MURDER IN

21                       THE FIRST DEGREE, AND MANSLAUGHTER.

22

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

24

25  SECTION 1. Arkansas Code � 5-10-101(a)(1), concerning predicate

26 felonies for capital murder, is amended to read as follows:

27  (1) Acting alone or with one (1) or more other persons:

28                       (A) The person commits or attempts to commit:

29                            (i) Terrorism, as defined in � 5-54-205;

30                            (ii) Rape, � 5-14-103;

31                            (iii) Kidnapping, � 5-11-102;

32                            (iv) Vehicular piracy, � 5-11-105;

33                            (v) Robbery, � 5-12-102;

34                            (vi) Aggravated robbery, � 5-12-103;

35                            (vii) Residential burglary, � 5-39-201(a);

36                            (viii) Commercial burglary, � 5-39-201(b);

    *CEB175*                                                     03-19-2025 14:33:54 CEB175
    As Engrossed: H3/19/25                                                 HB1630

1                           (ix) Aggravated residential burglary, � 5-39-204;

2                           (x) A felony violation of the Uniform Controlled

3 Substances Act, �� 5-64-101 -- 5-64-508, involving an actual delivery of a

4 controlled substance; or

5                           (xi) First degree escape, � 5-54-110; and

6   (B) In the course of and in furtherance of the felony

7 offense or in immediate flight from the felony offense, the person or an

8 accomplice causes the death of a person under circumstances manifesting

9 extreme indifference to the value of human life;

10

11 SECTION 2. Arkansas Code � 5-10-102(a)(1), concerning predicate felonies for

12 murder in the first degree, is amended to read as follows:

13  (1) Acting alone or with one (1) or more other persons:

14  (A) The person commits or attempts to commit a felony or a

15 violation of the Uniform Controlled Substance Act, �� 5-64-101 -- 5-64-508,

16 involving an actual delivery of a controlled substance; and

17  (B) In the course of and in the furtherance of the felony

18 offense or in immediate flight from the felony offense, the person or an

19 accomplice causes the death of any person under circumstances manifesting

20 extreme indifference to the value of human life;

21

22  SECTION 3. Arkansas Code � 5-10-104(a)(4), concerning the predicate

23 felonies for manslaughter, is amended to read as follows:

24  (4) Acting alone or with one (1) or more persons:

25  (A) The person commits or attempts to commit a felony or a

26 violation of the Uniform Controlled Substance Act, �� 5-64-101 -- 5-64-508,

27 involving an actual delivery of a controlled substance; and

28  (B) In the course of and in furtherance of the felony

29 offense or in immediate flight from the felony:

30                          (i) The person or an accomplice negligently causes

31 the death of any person; or

32                          (ii) Another person who is resisting the felony

33 offense or flight causes the death of any person.

34

35                              /s/Gazaway

36

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